N.Y. Environmental Conservation Law § 24-0301

§ 24-0301. Commissioner's study.\n 1. The commissioner shall, as soon as practicable, conduct a study to\nidentify and map those individual freshwater wetlands in the state of\nNew York which shall have an area of at least twelve and four-tenths\nacres or more, or if less than twelve and four-tenths acres, (a) have,\nin the discretion of the commissioner unusual local importance for one\nor more of the specific benefits set forth in subdivision seven of\nsection 24-0105 of this article or (b) are located within the Adirondack\npark and meet the definition of wetlands contained in subdivision\nsixty-eight of section eight hundred two of the executive law, and shall\ndetermine their characteristics. This study shall, in addition to such\nother data as the commissioner may determine to be included, consist of\nthe freshwater wetlands inventory of the department of environmental\nconservation, currently being made, together with other available data\non freshwater wetlands, whether assisted by the state of New York under\nthe tidal wetlands act or otherwise, or assembled by federal or local\ngovernmental or private agencies, all of which information shall be\nassembled and integrated, as applicable, into a map of freshwater\nwetlands of the state of New York. Such study may, in the discretion of\nthe commissioner, be carried out on a sectional or regional basis, as\nindicated by need, subject to overall completion in an expeditious\nfashion subject to the terms of this chapter. This map, and any orders\nissued pursuant to the provisions of this article, shall comprise a part\nof the statewide environmental plan as provided for in section 3-0303 of\nthis chapter. As soon as practicable the commissioner shall file with\nthe secretary of state a detailed description of the technical methods\nand requirements to be utilized in compiling the inventory, and he shall\nafford the public an opportunity to submit comments thereon.\n 2. Upon completion of a freshwater wetlands inventory, the\ncommissioner shall prepare a tentative freshwater wetlands map\ndelineating the boundaries of such wetlands as determined by the study\nand inventory conducted pursuant to subdivision one of this section. The\nmap may be prepared for different sections or regions of the state\nseparately, as the commissioner shall determine. The commissioner shall\nconsult and cooperate with the Adirondack park agency in the preparation\nof a tentative freshwater wetlands map for any area within the\nAdirondack park.\n 3. The tentative freshwater wetlands map shall set forth the\nboundaries of such wetlands as accurately as is practicable to inform\nthe owners thereof, the public and the department of the approximate\nlocation of the actual boundaries of the wetlands, subject to motion for\ndelineation pursuant to this section, or more precise definition thereof\nin the discretion of the commissioner. The commissioner shall take into\nconsideration, whenever possible, the boundaries of the local government\nor governments within which the wetlands are located.\n 4. Upon completion of the tentative freshwater wetlands map for a\nparticular area, the commissioner or his designated hearing officer\nshall hold a public hearing in that area in order to afford an\nopportunity for any person to propose additions or deletions from such\nmap. The commissioner shall give notice of such hearing to each owner of\nrecord as shown on the latest completed tax assessment rolls, of lands\ndesignated as such wetlands as shown on said map and also to the chief\nadministrative officer and clerk of each local government within the\nboundaries of which any such wetland or a portion thereof is located\nand, in the case of a tentative freshwater wetlands map for any area\nwithin the Adirondack park, to the Adirondack park agency, by certified\nmail not less than thirty days prior to the date set for such hearing\nand shall assure that a copy of the relevant map is available for public\ninspection at a convenient location in such local government. The map\nfiled with a local government may, at the local government's request, be\neither a physical copy of the tentative freshwater wetlands map, or, if\navailable, a digital file that represents it. The commissioner shall\nalso cause notice of such hearing to be published at least once, not\nmore than thirty days nor fewer than ten days before the date set for\nsuch hearing, in at least two newspapers having general circulation in\nthe area where such wetlands are located. The commissioner may post on\nthe department's website a digital image that represents the tentative\nfreshwater wetlands map.\n 5. After considering the testimony given at such hearing and any other\nfacts which may be deemed pertinent, after considering the rights of\naffected property owners and the ecological balance in accordance with\nthe policy and purposes of this article, and, in the case of wetlands or\nportions thereof within the Adirondack park, after consulting with the\nAdirondack park agency, the commissioner shall promulgate by order the\nfinal freshwater wetlands map. Such order shall not be promulgated less\nthan sixty days from the date of the hearing required by subdivision\nfour of this section. A copy of the order, together with a copy of such\nmap or relevant portion thereof shall be filed in the office of the\nclerk of each local government in which each such wetland or a portion\nthereof is located and, in the case of a map for any area within the\nAdirondack park, with the Adirondack park agency. The map filed with a\nlocal government may, at the local government's request, be either a\nphysical copy of the final freshwater wetlands map, or, if available, a\ndigital file that represents it. The commissioner shall simultaneously\ngive notice of such order to each owner of lands, as shown on the latest\ncompleted tax assessment rolls, designated as such wetlands by mailing a\ncopy of such order to such owner by certified mail in any case where a\nnotice by certified mail was not sent pursuant to subdivision four of\nthis section, and in all other cases by first class mail. The\ncommissioner shall also give notice of such order at such time to the\nchief administrative officer of each local government within the\nboundaries of which any such wetland or a portion thereof is located. At\nthe time of filing with such clerk or clerks, the commissioner shall\nalso cause a copy of such order to be published in at least two\nnewspapers having general circulation in the area where such wetlands\nare located. The commissioner may post on the department's website a\ndigital image that represents the final freshwater wetlands map.\n 6. Except as provided in subdivision eight of this section, the\ncommissioner shall supervise the maintenance of such boundary maps,\nwhich shall be available to the public for inspection and examination at\nthe regional office of the department in which the wetlands are wholly\nor partly located and in the office of the clerk of each county in which\neach such wetland or a portion thereof is located. The commissioner may\nreadjust the map thereafter to clarify the boundaries of the wetlands,\nto correct any errors on the map, to effect any additions, deletions or\ntechnical changes on the map, and to reflect changes as have occurred as\na result of the granting of permits pursuant to section 24-0703 of this\narticle, or natural changes which may have occurred through erosion,\naccretion, or otherwise. Notice of such readjustment shall be given in\nthe same manner as set forth in subdivision five of this section for the\npromulgation of final freshwater wetlands maps. In addition, at the time\nnotice is provided pursuant to subdivision five of this section, the\ncommissioner shall update any digital image of the map posted on the\ndepartment's website to reflect such readjustment.\n 7. Except as provided in subdivision eight of this section, the\ncommissioner may, upon his own initiative, and shall, upon a written\nrequest by a landowner whose land or a portion thereof may be included\nwithin a wetland, or upon the written request of another person or\npersons or an official body whose interests are shown to be affected,\ncause to be delineated more precisely the boundary line or lines of a\nfreshwater wetland or a portion thereof. Such more precise delineation\nof a freshwater wetland boundary line or lines shall be of appropriate\nscale and sufficient clarity to permit the ready identification of\nindividual buildings and of other major man-made structures or\nfacilities or significant geographical features with respect to the\nboundary of any freshwater wetland. The commissioner shall undertake to\ndelineate the boundary of a particular wetland or wetlands, or a\nparticular part of the boundary thereof only upon a showing by the\napplicant therefor of good cause for such more precise delineation and\nthe establishment of such more precise line.\n 8. The supervision of the maintenance of any freshwater wetlands map\nor portion thereof applicable to wetlands within the Adirondack park,\nthe readjustment and precise delineation of wetland boundary lines and\nthe other functions and duties ascribed to the commissioner by\nsubdivisions six and seven of this section shall be performed by the\nAdirondack park agency, which shall make such maps available for public\ninspection and examination at its headquarters.\n