2023 New York Laws › ENV - Environmental Conservation › Article 24 - Freshwater Wetlands › Title 1 - General Provisions and Public Policy › 24-0105 - Statement of Findings.

§ 24-0105. Statement of findings.
1.  The  freshwater  wetlands  of the state of New York are invaluable
resources for flood protection, wildlife habitat,  open  space,  climate
change  mitigation through the accumulation and storage of large amounts
of carbon, and water resources.
2. Considerable acreage of freshwater wetlands in  the  state  of  New
York  has  been  lost,  despoiled  or  impaired by unregulated draining,
dredging, filling, excavating, building, pollution or  other  activities
inconsistent  with  the  natural uses of such areas. Freshwater wetlands
are in jeopardy of being lost, despoiled or impaired by such  activities
and because of the recent curtailment of federal wetland protections.
3.  Recurrent  flooding aggravated or caused by the loss of freshwater
wetlands has serious effects upon natural  ecosystems  and  communities.
The  increasing  severity  and duration of storm-related flooding due to
climate change, which has caused billions of dollars of property  damage
across  the  state,  makes  protection of all freshwater wetlands in the
state of vital importance.
4. Freshwater wetlands conservation is a matter of state concern since
a wetland in one region is affected  by  acts  on  rivers,  streams  and
wetlands of other regions.
5.  The  natural  systems  affecting  freshwater wetlands overlap many
localities. While  many  local  governments  individually  have  enacted
ordinances  to  conserve freshwater wetlands and to reduce flood hazards
and losses, effective freshwater wetlands management requires uniformity
in laws  to  eliminate  inconsistent  or  conflicting  local  laws.  One
locality alone lacks adequate jurisdiction to protect itself from misuse
or neglect of adjacent localities.
6.  Freshwater  wetlands  are  an  integral part of the unique scenic,
aesthetic, wildlife, recreational, open space,  ecological  and  natural
resources of the Adirondack park and are recognized and protected by the
Adirondack  park  agency  act.  The  act  provides  a  mechanism for the
regulation of Adirondack wetlands by  the  Adirondack  park  agency  and
local  governments  which  is consistent with both the state interest in
the preservation and development of the park area and the  state  policy
to  preserve, protect and conserve freshwater wetlands expressed in this
article.
7. Any loss of freshwater wetlands deprives the people of the state of
some or all of the  many  and  multiple  benefits  to  be  derived  from
wetlands, to wit:
(a)  flood  and storm control by the hydrologic absorption and storage
capacity of freshwater wetlands;
(b) wildlife  habitat  by  providing  breeding,  nesting  and  feeding
grounds  and  cover for many forms of wildlife, wildfowl and shorebirds,
including migratory wildfowl and rare, endangered or threatened species,
fish, reptiles and amphibians, insects and other invertebrates;
(c)  protection  of  subsurface  water  resources  and  provision  for
valuable watersheds and recharging ground water supplies;
(d)  recreation  by  providing  areas  for  hunting, fishing, boating,
hiking, bird watching, photography, camping and other uses;
(e)  pollution  treatment  by  serving  as  biological  and   chemical
oxidation basins and carbon sinks;
(f)  erosion  control  by serving as sedimentation areas and filtering
basins, absorbing silt and organic matter and  protecting  channels  and
harbors;
(g)  education and scientific research by providing readily accessible
outdoor bio-physical laboratories, living classrooms and  vast  training
and education resources;
(h)  open space and aesthetic appreciation by providing often the only
remaining open areas along crowded river fronts and coastal Great  Lakes
regions;
(i) sources of nutrients in freshwater food cycles and nursery grounds
and sanctuaries for freshwater fish;
(j)  preservation  of  plant  species  that  are  rare,  endangered or
threatened, or exploitably vulnerable as defined in  section  9-1503  of
this chapter; and
(k)  preservation of communities of plants and animals that are deemed
by the commissioner to be rare in the state or in a region of the state.
8.  Regulation  of  freshwater  wetlands,  in  accordance   with   the
agricultural  exemption established in title seven hereof, is consistent
with the legitimate interests of farmers and other landowners  to  graze
and  water  livestock,  make  reasonable use of water resources, harvest
natural products of the wetlands, selectively cut timber  and  otherwise
engage in the use of land for agricultural production.