N.Y. Environmental Conservation Law § 24-0301

§ 24-0301. Commissioner's study.\n * 1. The commissioner shall, as soon as practicable, conduct a study\nto identify 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 * NB Effective until January 1, 2025\n * 1. Except as provided in subdivision three of this section, the\ncommissioner shall supervise the maintenance of freshwater wetlands\nmaps, which shall be available to the public for inspection and\nexamination at the regional office of the department in which the\nwetlands are wholly or partly located on the department's website.\nDigital files of freshwater wetland maps may also be made available,\nupon request, to the clerk of each county, city, town, or village in\nwhich each such wetland or a portion thereof is located. The\ncommissioner may readjust the map at any time to more accurately depict\nthe approximate location of wetlands, provided however, that a\ndescription of such changes shall be made available on the department's\nwebsite along with the date such changes were made.\n * NB Effective January 1, 2025\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 * NB Effective until January 1, 2025\n * 2. Except as provided in subdivision three of this section, the\ncommissioner may, upon their 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 the boundary line or lines of a freshwater\nwetland or a portion thereof. 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 delineation and the\nestablishment of such line. Such delineation shall be effective for a\nperiod of five years from the date of such delineation.\n * NB Effective January 1, 2025\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 * NB Effective until January 1, 2025\n * 3. The supervision of the maintenance of any freshwater wetlands\nmap or portion thereof applicable to wetlands within the Adirondack\npark, the readjustment and precise delineation of wetland boundary lines\nand the other functions and duties ascribed to the commissioner by\nsubdivisions one and two 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 and on the agency's\nwebsite.\n * NB Effective January 1, 2025\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 * NB Effective until January 1, 2025\n * 4. There is a rebuttable presumption that mapped and unmapped areas\nmeeting the definition of a freshwater wetland in this article are\nregulated and subject to permit requirements. This presumption may be\nrebutted by presenting information to the department that the area does\nnot meet the definition contained in this article. A wetland delineation\nby the department, or a verification by the department of a wetland\ndelineation by another party, is required to identify the regulated\nfreshwater wetland boundary in a particular location.\n * NB Effective January 1, 2025\n * 5. After considering the testimony given at such hearing and any\nother facts which may be deemed pertinent, after considering the rights\nof affected property owners and the ecological balance in accordance\nwith the policy and purposes of this article, and, in the case of\nwetlands or portions thereof within the Adirondack park, after\nconsulting with the Adirondack park agency, the commissioner shall\npromulgate by order the final freshwater wetlands map. Such order shall\nnot be promulgated less than sixty days from the date of the hearing\nrequired by subdivision four of this section. A copy of the order,\ntogether with a copy of such map or relevant portion thereof shall be\nfiled in the office of the clerk of each local government in which each\nsuch wetland or a portion thereof is located and, in the case of a map\nfor any area within the Adirondack park, with the Adirondack park\nagency. The map filed with a local government may, at the local\ngovernment's request, be either a physical copy of the final freshwater\nwetlands map, or, if available, a digital file that represents it. The\ncommissioner shall simultaneously give notice of such order to each\nowner of lands, as shown on the latest completed tax assessment rolls,\ndesignated as such wetlands by mailing a copy of such order to such\nowner by certified mail in any case where a notice by certified mail was\nnot sent pursuant to subdivision four of this section, and in all other\ncases by first class mail. The commissioner shall also give notice of\nsuch order at such time to the chief administrative officer of each\nlocal government within the boundaries of which any such wetland or a\nportion thereof is located. At the time of filing with such clerk or\nclerks, the commissioner shall also cause a copy of such order to be\npublished in at least two newspapers having general circulation in the\narea where such wetlands are located. The commissioner may post on the\ndepartment's website a digital image that represents the final\nfreshwater wetlands map.\n * NB Effective until January 1, 2025\n * 5. By January 1, 2025, in addition to any ongoing aerial\nphotography, soil surveys or field verifications being conducted by the\ndepartment, the department shall accept information from federal\ngovernment sources, other state sources, local governments, colleges,\nuniversities, environmental organizations or other private agencies,\nregarding the location of freshwater wetlands.\n * NB Effective January 1, 2025\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 * NB Effective until January 1, 2025\n * 6. By January 1, 2025, the department shall make educational\nmaterials available on its website to inform landowners and local\ngovernments of the process for determining how to identify freshwater\nwetlands.\n * NB Effective January 1, 2025\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 * NB Repealed January 1, 2025\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 * NB Repealed January 1, 2025\n