New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter X - DIVISION OF WATER RESOURCES › Subchapter A - GENERAL › Article 1 - MISCELLANEOUS RULES › Part 664 - Freshwater Wetlands Maps And Classification › Section 664.7 - Freshwater wetlands map maintenance, amendment and adjustment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Procedures.
(1) The commissioner shall supervise the
					 maintenance of each map. Maps shall be available for public examination at the
					 appropriate regional office of the department and in the office of the clerk of
					 each county in which each wetland or a portion thereof is located. They will
					 also be filed with each appropriate local government.
(2) The commissioner may, upon request by any
					 person having evidence such as photographs of the area in question, or upon
					 department initiative, issue an order amending or adjusting any map for the
					 following reasons and under the following circumstances:
(i) The commissioner may amend a map by
					 adding a previously unmapped or newly created wetland to the map, by
					 significantly expanding or contracting the boundaries of a wetland shown on the
					 map, or by deleting a wetland from the map, all as may be necessary to conform
					 the map to actual onsite conditions. This will be done only after a copy of the
					 proposed amended map has been made available for public inspection in the
					 appropriate regional office of the department and in the office of the clerk of
					 each affected local government, and only after the commissioner has provided
					 notice of the proposed amendment and an opportunity for a public hearing on the
					 proposal. The notice shall be sent by certified mail, not fewer than 30 days
					 prior to any such hearing, to each owner of record, as shown on the latest
					 completed tax assessment rolls, of land involved in the proposed amendment and
					 also to the chief administrative officer and clerk of each affected local
					 government. Notice of the proposed amendment shall also be published at least
					 once in at least two newspapers having a general circulation in the area that
					 is the subject of the proposed amendment, and also in the department's
					 environmental notice bulletin. If a hearing is scheduled, notice shall be
					 provided to the same parties, and also published, in the same manner, not more
					 than 30 nor fewer than 10 days before the date set for the hearing. Once the
					 announcement of a proposed amendment has been made, no activity subject to
					 regulation pursuant to the act shall be initiated within the area that is the
					 subject of the proposal until the commissioner has either amended the map or
					 denied the amendment. However, no activity which has already been initiated at
					 the time of the announcement, within an area that is proposed as an addition to
					 the map, will be subject to such regulation.
(ii) Notwithstanding subparagraph (i) of this
					 paragraph, the commissioner may make minor adjustments to a map as follows: to
					 reflect natural changes that have occurred through erosion or accretion since
					 the effective date of the map, as originally established or amended; to reflect
					 changes that have occurred as a result of granting permits under the act; to
					 clarify the boundaries of any wetlands; to correct minor errors; or to effect
					 other technical changes. These adjustments may be made only after notice by
					 certified mail to each owner of record, as shown on the latest completed tax
					 assessment rolls, of land involved in the adjustment and to the chief
					 administrative officer of each affected local government, at least 30 days
					 prior to the issuance of an order adjusting the map. A public hearing will not
					 be held on any such proposed adjustment unless the commissioner determines that
					 it is appropriate, at which time the provisions set forth in subparagraph (i)
					 of this paragraph shall apply.
(3) Any public hearing held pursuant to
					 paragraph (2) of this subdivision shall provide to any person an opportunity to
					 support, oppose, or make a statement of interest in, a proposed amendment or
					 adjustment to a map.
(4) After
					 considering the testimony given at any such hearing and any other facts which
					 may be deemed pertinent, and after considering the rights of affected property
					 owners and the policy and purposes of the act, the commissioner either shall
					 deny the amendment or adjustment or shall promulgate by order an amended or
					 adjusted map. A copy of any such order, together with a copy of the relevant
					 portion of the amended or adjusted map, shall be filed in the office of the
					 clerk of each affected local government. The commissioner shall simultaneously
					 give notice of such decision and any resultant order to each owner, as shown on
					 the latest completed tax assessment rolls, of land that is the subject of the
					 decision. This notice shall be given by mailing a copy of the decision and any
					 resultant order to the owner by certified mail, in any case where a notice by
					 certified mail was not sent under paragraph (2) of this subdivision, and in all
					 other cases by first class mail. At the same time, the commissioner shall give
					 notice of the decision and any resultant order to the chief administrative
					 officer of each affected local government. A copy of the decision and any
					 resultant order also shall be published in at least two newspapers having a
					 general circulation in the area that is the subject of the decision, and notice
					 of the decision also shall be published in the department's environmental
					 notice bulletin.