2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 7 - Freshwater Wetlands Regulations › 24-0703 - Applications for Permits.

§ 24-0703. Applications for permits.
1.  Any  person  proposing  to  conduct  or  cause  to  be conducted a
  regulated activity upon any freshwater wetland shall file an application
  for a permit with the clerk of the local government having  jurisdiction
  or  the  department, as the case may be. Review of the application shall
  be made by the local government or the commissioner, as the case may be,
  in accordance with applicable law and such rules  hereunder  as  may  be
  adopted  by  the commissioner. Such application shall include a detailed
  description of the proposed activity and  a  map  showing  the  area  of
  freshwater  wetland directly affected, with the location of the proposed
  activity thereon. For any person proposing to conduct  or  cause  to  be
  conducted  a regulated activity involving the use of a pipeline upon any
  freshwater wetland, such application shall also include the name of  the
  insurance  company  covering  such  proposed  activity,  the  amount  of
  coverage and what is covered under the plan. The clerk  or  commissioner
  shall  cause  notice  of  such  application  to  be  mailed to all local
  governments where the proposed activity or any part of it is located.
2. No sooner than thirty days and not later than sixty days after  the
  receipt  by  a  local  government of an application, and after notice of
  application has been published by the applicant in two newspapers having
  a general circulation in the area, the local  government  shall  hold  a
  public  hearing  on such application at a suitable location in the local
  government where the affected wetland is situated unless  no  notice  of
  objection  has  been  filed  or  unless  the  local government finds the
  activity to be of such a minor nature as not to affect or  endanger  the
  balance  of  systems  within  the  wetlands,  in  which  case  the local
  government may, in  the  exercise  of  discretion,  dispense  with  such
  hearing.  Where  the  local  government  finds  that  a  hearing  is not
  necessary, a decision setting forth reasons therefor shall be  prepared,
  shall  be  a  matter  of  public record and shall be mailed to all local
  governments where the proposed work or any part of it is located and  to
  all  persons  who  filed a statement with the local government following
  the publication of such notice of application. All owners of  record  of
  the  adjacent land and the local governments where the proposed activity
  is located shall be notified by certified mail of the hearing  not  less
  than  fifteen  days  prior  to  the date set for such hearing. The local
  government shall cause notice of such hearing to  be  published  in  two
  newspapers  having  a general circulation in the area where the affected
  freshwater wetlands are located. All applications and maps and documents
  relating thereto shall be open for public inspection at  the  office  of
  the  clerk  of the local government in which the wetland is situated. At
  such hearing any person or persons filing a request for a hearing  or  a
  timely notice of appearance may appear and be heard.
3.  In  addition  to  the provisions of article 70 of this chapter and
  rules and regulations adopted  thereunder,  the  rules  and  regulations
  adopted  by  the  department  pursuant  to this article to implement its
  processing of permit applications, renewals, modifications,  suspensions
  and  revocations  shall  govern  permit administration by the department
  under this article, provided however,  that  after  the  department  has
  given  notice  to  an  applicant that an application is complete, or the
  application is deemed complete, the applicant shall cause  a  notice  of
  application to be published in a newspaper of general circulation in the
  affected area as provided in rules and regulations of the department.
4.  The  applicant  shall  have  the  burden of demonstrating that the
  proposed activity will be in accord with the policies and provisions  of
  this  article. To the greatest extent practicable, such hearing shall be
  incorporated with any public hearing  required  by  the  town,  village,
  general  city,  general  municipal or environmental conservation laws in

  connection  with  approvals  or  permits   otherwise   required   before
  commencement of regulated activities on lands containing such wetlands.
* 5. Prior to the promulgation of the final freshwater wetlands map in
  a  particular  area  and  the  implementation  of  a freshwater wetlands
  protection law or ordinance, no person shall conduct,  or  cause  to  be
  conducted,  any  activity  for  which a permit is required under section
  24-0701 of this title on any freshwater wetland unless he has obtained a
  permit from the commissioner under this section. Any person may  inquire
  of  the  department  as to whether or not a given parcel of land will be
  designated a freshwater wetland subject to  regulation.  The  department
  shall  give  a  definite  answer  in  writing within thirty days of such
  request as to whether such parcel will or will  not  be  so  designated.
  Provided  that,  in  the event that weather or ground conditions prevent
  the department from making a determination within thirty  days,  it  may
  extend such period until a determination can be made. Such answer in the
  affirmative shall be reviewable; such an answer in the negative shall be
  a  complete defense to the enforcement of this article as to such parcel
  of land. The commissioner may by regulation adopted after public hearing
  exempt categories or classes of wetlands or individual wetlands which he
  determines not to be critical to the furtherance  of  the  policies  and
  purposes of this article.
* NB Effective until January 1, 2025
* 5.  Any  person may inquire of the department as to whether or not a
  given parcel of land includes a freshwater wetland subject to regulation
  or a regulated freshwater wetland adjacent area.  The  department  shall
  give  a definite answer in writing within ninety days of such request as
  to the status of such parcel and whether a permit is  required  for  the
  proposed  activity,  provided that the person has a delineation verified
  by the department and site-specific development plans. Provided that, in
  the event that weather or ground conditions prevent the department  from
  making  a  determination  within  ninety days, it may extend such period
  until a determination can be made. Such answer in the affirmative  shall
  be  reviewable;  such  an  answer  in  the  negative shall be a complete
  defense to the enforcement of this article as to such parcel of land for
  a period of five years from the date the department issues the  negative
  answer.
* NB Effective January 1, 2025