S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9599
 
                           I N  A S S E M B L Y
 
                              March 23, 2022
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   freshwater wetlands
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions 1, 2, 3 and 7 of section 24-0105 of the  envi-
 ronmental  conservation law, as added by chapter 614 of the laws of 1975
 and subdivision 7 as renumbered by chapter 654 of the laws of 1977,  are
 amended to read as follows:
   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  [acts]
 ACTIVITIES  inconsistent  with  the  natural uses of such areas.  [Other
 freshwater] FRESHWATER wetlands are in jeopardy of being lost, despoiled
 or impaired by such [unrelated  acts]  ACTIVITIES  AND  BECAUSE  OF  THE
 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 FREQUENCY, SEVERITY AND DURATION OF STORM-RELATED FLOOD-
 ING DUE TO CLIMATE CHANGE, WHICH HAS CAUSED BILLIONS OF DOLLARS OF PROP-
 ERTY DAMAGE IN THE STATE, MAKES PROTECTION OF ALL FRESHWATER WETLANDS IN
 THE STATE OF VITAL IMPORTANCE.
   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
 [such  as  the  bald  eagle  and osprey], FISH, REPTILES AND AMPHIBIANS,
 INSECTS AND OTHER INVERTEBRATES;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14802-04-2
 A. 9599                             2
 
   (c) protection of subsurface water resources and provision  for  valu-
 able 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  oxida-
 tion 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; [and]
   (h)  open space and aesthetic appreciation by providing often the only
 remaining open areas along crowded river fronts and coastal Great  Lakes
 regions; [and]
   (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
 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.
   § 2. The opening paragraph and paragraphs (c) and (d) of subdivision 1
 and  subdivisions  2,  3  and  8 of section 24-0107 of the environmental
 conservation law, as amended by chapter 654 of the  laws  of  1977,  are
 amended and five new subdivisions 9, 10, 11, 12 and 13 are added to read
 as follows:
   "Freshwater wetlands" means lands and waters of the state [as shown on
 the  freshwater  wetlands  map  which]  THAT  ARE  NOT TIDAL WETLANDS AS
 DEFINED IN SUBDIVISION ONE OF SECTION 25-0103 OF THIS  CHAPTER  ARE  ONE
 ACRE  OR  MORE IN SIZE OR, ADJACENT TO A WATER BODY, INCLUDING AN INTER-
 MITTENT WATER BODY, OR OF SIGNIFICANT LOCAL IMPORTANCE FOR ONE  OR  MORE
 OF  THE  SPECIFIC  BENEFITS  SET  FORTH  IN SUBDIVISION SEVEN OF SECTION
 24-0105 OF THIS TITLE, OF UNUSUAL IMPORTANCE, OR AT  THE  DISCRETION  OF
 THE  COMMISSIONER.   FRESHWATER WETLANDS SHALL contain any or all of the
 following:
   (c) lands and waters substantially enclosed by aquatic or semi-aquatic
 vegetation as set forth in paragraph (a) OF THIS SUBDIVISION or by  dead
 vegetation  as set forth in paragraph (b) OF THIS SUBDIVISION, the regu-
 lation of which is necessary to protect and  preserve  the  aquatic  and
 semi-aquatic vegetation; [and]
   (d) LANDS AND SUBMERGED LANDS THAT HAVE A PREDOMINANCE OF HYDRIC SOILS
 AND  THAT  ARE  INUNDATED  OR  SATURATED  BY SURFACE OR GROUNDWATER AT A
 FREQUENCY AND DURATION SUFFICIENT TO  SUPPORT,  AND  THAT  UNDER  NORMAL
 CIRCUMSTANCES  DO  SUPPORT, A PREVALENCE OF HYDROPHYTIC VEGETATION TYPI-
 CALLY ADAPTED FOR LIFE IN SATURATED SOIL CONDITIONS; AND
   (E) the waters overlying the areas set forth in PARAGRAPHS (a)  [and],
 (b)  AND  (D)  OF THIS SUBDIVISION and the lands underlying THE AREA SET
 FORTH IN PARAGRAPH (c) OF THIS SUBDIVISION.
   2. "Freshwater wetlands map" shall mean a map [promulgated]  DEVELOPED
 by  the  department pursuant to section 24-0301 of this article on which
 are indicated the boundaries of any freshwater wetlands. THESE MAPS WILL
 SERVE THE PURPOSE OF EDUCATING THE PUBLIC ON THE LOCATION  OF  WETLANDS.
 SUCH MAPS DEPICT THE APPROXIMATE LOCATION OF WETLANDS AND ARE NOT NECES-
 SARILY  DETERMINATIVE  AS  TO  WHETHER  A PERMIT IS REQUIRED PURSUANT TO
 SECTION 24-0701 OF THIS ARTICLE. THERE IS A REBUTTABLE PRESUMPTION  THAT
 MAPPED AND UNMAPPED AREAS MEETING THE DEFINITION OF A FRESHWATER WETLAND
 A. 9599                             3
 
 IN  THIS  SECTION ARE REGULATED AND SUBJECT TO PERMIT REQUIREMENTS. THIS
 PRESUMPTION MAY BE REBUTTED BY PRESENTING INFORMATION TO THE  DEPARTMENT
 THAT  THE AREA DOES NOT MEET THE DEFINITION CONTAINED IN THIS SECTION. A
 WETLAND  DELINEATION BY THE DEPARTMENT IS REQUIRED TO IDENTIFY THE REGU-
 LATED BOUNDARIES OF A FRESHWATER WETLAND IN A PARTICULAR LOCATION.
   3. "Boundaries of a freshwater wetland" shall mean the outer limit  of
 the vegetation specified in paragraphs (a) and (b) of subdivision one of
 THIS  section  [24-0107]  and of the lands and waters specified in para-
 graph (c) of such subdivision.
   8. "Pollution" shall mean the presence in the environment of  [man-in-
 duced] HUMAN-INDUCED conditions or contaminants in quantities or charac-
 teristics  which are or may be injurious to human, plant or wildlife, or
 other animal life or to property.
   9. "UNUSUAL IMPORTANCE" SHALL MEAN A FRESHWATER WETLAND, REGARDLESS OF
 SIZE, THAT POSSESSES ONE OR MORE OF  THE  FOLLOWING  CHARACTERISTICS  AS
 DETERMINED BY THE DEPARTMENT PURSUANT TO REGULATIONS:
   (A) IT IS LOCATED IN AN AREA DESIGNATED AS A SPECIAL FLOOD HAZARD AREA
 ON  THE MOST CURRENT FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD INSURANCE
 RATE MAP;
   (B) IT IS LOCATED WITHIN AN URBANIZED AREA AS DEFINED  BY  THE  UNITED
 STATES CENSUS BUREAU;
   (C)  IT  CONTAINS  A PLANT SPECIES OCCURRING IN FEWER THAN THIRTY-FIVE
 SITES STATEWIDE OR HAVING FEWER THAN FIVE  THOUSAND  INDIVIDUALS  STATE-
 WIDE;
   (D)  IT CONTAINS OCCUPIED HABITAT OR HABITAT FOR AN ESSENTIAL BEHAVIOR
 OF AN ENDANGERED OR THREATENED SPECIES OR A SPECIES OF  SPECIAL  CONCERN
 AS  DEFINED PURSUANT TO SECTION 11-0535 OF THIS CHAPTER AND/OR LISTED AS
 A SPECIES OF GREATEST CONSERVATION NEED IN NEW  YORK'S  WILDLIFE  ACTION
 PLAN;
   (E)  IT WAS PREVIOUSLY CLASSIFIED BY THE DEPARTMENT AS A WETLAND ON OR
 BEFORE APRIL FIRST, TWO THOUSAND TWENTY-FOUR;
   (F) THE DEPARTMENT DETERMINES BASED ON CRITERIA ESTABLISHED  BY  REGU-
 LATION  THAT  ITS  WETLAND FUNCTIONS AND VALUES ARE OF LOCAL OR REGIONAL
 SIGNIFICANCE;
   (G) IT IS A VERNAL POOL OR OTHERWISE ISOLATED  WETLAND  THAT  PROVIDES
 CRITICAL HABITAT FOR SEMI-AQUATIC ORGANISMS;
   (H)  IT HAS ONE OR MORE OF THE SPECIFIC BENEFITS SET FORTH IN SUBDIVI-
 SION SEVEN OF SECTION 24-0105 OF THIS TITLE;
   (I)  IT IS LOCATED IN A WATERSHED THAT HAS EXPERIENCED, OR IS EXPECTED
 TO EXPERIENCE, SIGNIFICANT FLOODING IN  THE  FUTURE  FROM  SEVERE  STORM
 EVENTS;
   (J)  IT WAS PREVIOUSLY CLASSIFIED AS A WETLAND OF UNUSUAL LOCAL IMPOR-
 TANCE; OR
   (K) IT IS OF SIGNIFICANT IMPORTANCE IN PROTECTING  THE  STATE'S  WATER
 QUALITY.
   10. "HYDRIC SOIL" SHALL MEAN SOIL THAT, IN ITS UNDRAINED CONDITION, IS
 SATURATED,  FLOODED  OR  PONDED  LONG  ENOUGH DURING A GROWING SEASON TO
 DEVELOP AN ANAEROBIC CONDITION THAT SUPPORTS THE GROWTH AND REGENERATION
 OF HYDROPHYTIC VEGETATION.
   11. "HYDROPHYTIC VEGETATION" SHALL MEAN A PLANT OR PLANTS GROWING IN:
   (A) WATER; OR
   (B) A SUBSTRATE THAT IS AT  LEAST  PERIODICALLY  DEFICIENT  IN  OXYGEN
 DURING A GROWING SEASON AS A RESULT OF EXCESSIVE WATER CONTENT.
   12.  "VERNAL POOL" SHALL MEAN A SURFACE WATER OR WETLAND THAT PROVIDES
 BREEDING HABITAT FOR AMPHIBIANS AND INVERTEBRATES THAT HAVE  ADAPTED  TO
 A. 9599                             4
 
 THE  UNIQUE  ENVIRONMENTS PROVIDED BY SUCH POOLS AND WHICH TYPICALLY HAS
 THE FOLLOWING CHARACTERISTICS:
   (A)  CYCLES  ANNUALLY  FROM  FLOODED  TO  DRY CONDITIONS, ALTHOUGH THE
 HYDROPERIOD, SIZE AND SHAPE OF THE POOL MIGHT VARY FROM YEAR TO YEAR;
   (B) FORMS IN A SHALLOW DEPRESSION OR BASIN;
   (C) HAS NO PERMANENTLY FLOWING OUTLET;
   (D) HOLDS WATER FOR AT LEAST TWO CONTINUOUS  MONTHS  FOLLOWING  SPRING
 ICE OUT;
   (E) LACKS A VIABLE FISH POPULATION; AND
   (F)  SUPPORTS ONE OR MORE PRIMARY VERNAL POOL INDICATORS AS DEFINED IN
 SUBDIVISION THIRTEEN OF THIS SECTION.
   13. "PRIMARY VERNAL POOL INDICATORS" SHALL MEAN THE PRESENCE OR  PHYS-
 ICAL  EVIDENCE  OF  SPECIES  INCLUDING,  BUT NOT LIMITED TO, AMPHIBIANS,
 REPTILES, CRUSTACEANS, MOLLUSKS, ANNELIDS, AND INSECTS.
   § 3.   Section 24-0301  of  the  environmental  conservation  law,  as
 amended  by chapter 654 of the laws of 1977, subdivision 1 as amended by
 section 37 of part D of chapter 60 of the laws of 2012 and  subdivisions
 4,  5  and 6 as amended by chapter 16 of the laws of 2010, is amended to
 read as follows:
 § 24-0301. Commissioner's study.
   1. The commissioner shall, as soon as practicable, conduct a study  to
 identify  and  map  those individual freshwater wetlands in the state of
 New York [which shall have an area of at least  twelve  and  four-tenths
 acres  or  more, or if less than twelve and four-tenths acres, (a) have,
 in the discretion of the commissioner unusual local importance  for  one
 or  more  of  the  specific  benefits  set forth in subdivision seven of
 section 24-0105 of this article] AS DEFINED IN SECTION 24-0107  OF  THIS
 ARTICLE  or (b) THAT are located within the Adirondack park and meet the
 definition of wetlands contained in subdivision sixty-eight  of  section
 eight  hundred two of the executive law, and shall determine their char-
 acteristics. This study shall, in addition to such  other  data  as  the
 commissioner may determine to be included, INCLUDING, BUT NOT LIMITED TO
 AVAILABLE INTERACTIVE MAPS, consist of the freshwater wetlands inventory
 of the department [of environmental conservation], currently being made,
 together  with  other  available  data  on  freshwater wetlands, whether
 assisted by the state of New York under the tidal wetlands act or other-
 wise, or assembled by federal or local governmental or private agencies,
 all of which information shall be assembled and integrated, as  applica-
 ble,  into  a  map of freshwater wetlands of the state of New York. Such
 study may, in the discretion of the commissioner, be carried  out  on  a
 sectional  or  regional  basis, as indicated by need, subject to overall
 completion in an expeditious fashion subject to the terms of this  chap-
 ter. [This map, and any orders issued pursuant to the provisions of this
 article,  shall  comprise  a part of the statewide environmental plan as
 provided for in section 3-0303 of this chapter.] As soon as  practicable
 the  commissioner  shall  file  with  the  secretary of state a detailed
 description of the technical methods and requirements to be utilized  in
 compiling  the  inventory, and he shall afford the public an opportunity
 to submit comments thereon.
   2. Upon completion of a freshwater wetlands inventory, the commission-
 er shall prepare a [tentative] DRAFT freshwater wetlands map delineating
 the boundaries of such wetlands as determined by the study and inventory
 conducted pursuant to subdivision one of this section. The  map  may  be
 prepared  for  different sections or regions of the state separately, as
 the commissioner shall determine. The  commissioner  shall  consult  and
 cooperate  with  the  Adirondack  park  agency  in  the preparation of a
 A. 9599                             5
 
 [tentative] DRAFT freshwater  wetlands  map  for  any  area  within  the
 Adirondack park.
   3.  The  [tentative] DRAFT freshwater wetlands map shall set forth the
 boundaries of such wetlands as accurately as is  practicable  to  inform
 the  owners  thereof,  the  public and the department of the approximate
 location of the actual boundaries of the wetlands, subject to motion for
 delineation pursuant to this section, or more precise definition thereof
 in the discretion of the commissioner. The commissioner shall take  into
 consideration, whenever possible, the boundaries of the local government
 or governments within which the wetlands are located.
   4.  Upon  completion  of the [tentative] DRAFT freshwater wetlands map
 for a particular area, the commissioner or his designated hearing  offi-
 cer  shall  hold  a  public  hearing  in that area in order to afford an
 opportunity for any person to propose additions or deletions  from  such
 map.  The  commissioner shall give notice of such hearing to [each owner
 of record as shown on the latest  completed  tax  assessment  rolls,  of
 lands  designated as such wetlands as shown on said map and also to] the
 chief administrative officer and clerk of each local  government  within
 the boundaries of which any such wetland or a portion thereof is located
 and,  in the case of a [tentative] DRAFT freshwater wetlands map for any
 area within the Adirondack park,  to  the  Adirondack  park  agency,  by
 certified  mail not less than thirty days prior to the date set for such
 hearing and shall assure that a copy of the relevant  map  is  available
 for public inspection at a convenient location in such local government.
 The  map  filed  with  a local government may, at the local government's
 request, be either a physical copy of the [tentative]  DRAFT  freshwater
 wetlands  map,  or, if available, a digital file that represents it. The
 commissioner shall also cause notice of such hearing to be published  at
 least once, not more than thirty days nor fewer than ten days before the
 date  set  for  such  hearing, in at least two newspapers having general
 circulation in the area where such wetlands are located. The commission-
 er may post on the department's website a digital image that  represents
 the [tentative] DRAFT freshwater wetlands map.
   5.  [After  considering  the  testimony  given at such hearing and any
 other facts which may be deemed pertinent, after considering the  rights
 of  affected  property  owners  and the ecological balance in accordance
 with the policy and purposes of  this  article,  and,  in  the  case  of
 wetlands  or portions thereof within the Adirondack park, after consult-
 ing with the Adirondack park agency, the commissioner  shall  promulgate
 by  order  the  final  freshwater  wetlands map. Such order shall not be
 promulgated less than sixty days from the date of the  hearing  required
 by  subdivision four of this section. A copy of the order, together with
 a copy of such map or relevant portion thereof shall  be  filed  in  the
 office  of the clerk of each local government in which each such wetland
 or a portion thereof is located and, in the case of a map for  any  area
 within  the  Adirondack  park,  with  the Adirondack park agency.] AFTER
 CONSIDERATION OF COMMENTS FROM THE  PUBLIC  THE  COMMISSIONER  MAY  MAKE
 ALTERATIONS  TO  THE  DRAFT  MAP CONSISTENT WITH SECTION 24-0107 OF THIS
 ARTICLE. THE COMMISSIONER SHALL FINALIZE THE MAP AND FILE A COPY OF  THE
 MAP WITH THE OFFICE OF THE CLERK OF EACH LOCAL GOVERNMENT WITH JURISDIC-
 TION OVER PART OR ALL OF THE REGION SHOWN ON THE MAP. The map filed with
 a  local  government may, at the local government's request, be either a
 physical copy of the final freshwater wetlands map, or, if available,  a
 digital  file that represents it. [The commissioner shall simultaneously
 give notice of such order to each owner of lands, as shown on the latest
 completed tax assessment rolls, designated as such wetlands by mailing a
 A. 9599                             6

 copy of such order to such owner by certified mail in any case  where  a
 notice  by  certified  mail was not sent pursuant to subdivision four of
 this section, and in all other cases by first class  mail.  The  commis-
 sioner  shall  also  give notice of such order at such time to the chief
 administrative officer of each local government within the boundaries of
 which any such wetland or a portion thereof is located. At the  time  of
 filing  with  such  clerk or clerks, the commissioner shall also cause a
 copy of such order to be published in at  least  two  newspapers  having
 general  circulation  in  the area where such wetlands are located.] The
 commissioner may post on the department's website a digital  image  that
 represents the final freshwater wetlands map.
   6.  Except  as  provided  in  subdivision  eight  of this section, the
 commissioner shall supervise the maintenance of such [boundary] FRESHWA-
 TER WETLANDS maps, which shall be available to the public for inspection
 and examination at the regional office of the department  in  which  the
 wetlands  are wholly or partly located [and], in the office of the clerk
 of each county in which each  such  wetland  or  a  portion  thereof  is
 located,  AND ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
 the map thereafter [to  clarify  the  boundaries  of  the  wetlands,  to
 correct  any  errors  on  the map, to effect any additions, deletions or
 technical changes on the map, and to reflect changes as have occurred as
 a result of the granting of permits pursuant to section 24-0703 of  this
 article,  or  natural  changes  which may have occurred through erosion,
 accretion, or otherwise] AT ANY  TIME  TO  DEPICT  MORE  ACCURATELY  THE
 LOCATION OF WETLANDS.  Notice of such readjustment shall be given in the
 same  manner as set forth in subdivision [five] FOUR of this section for
 the [promulgation] DEVELOPMENT of final  freshwater  wetlands  maps.  In
 addition,  at the time notice is provided pursuant to subdivision [five]
 FOUR of this section, the commissioner shall update any digital image of
 the map posted on the department's website to reflect such readjustment.
   7. Except as provided  in  subdivision  eight  of  this  section,  the
 commissioner   may  INITIATE,  [upon  his  own  initiative,]  and  shall
 INITIATE, upon a written request by a landowner whose land or a  portion
 thereof may be included within a wetland, or upon the written request of
 another  person or persons or an official body whose interests are shown
 to be affected, cause to be delineated more precisely the boundary  line
 or lines of a freshwater wetland or a portion thereof. Such more precise
 delineation  of  a freshwater wetland boundary line or lines shall be of
 appropriate scale and sufficient clarity to permit the ready identifica-
 tion of individual buildings and of other major man-made  structures  or
 facilities  or  significant  geographical  features  with respect to the
 boundary of any freshwater wetland. The commissioner shall undertake  to
 delineate the boundary of a particular wetland or wetlands, or a partic-
 ular  part  of the boundary thereof only upon a showing by the applicant
 therefor of good cause for such more precise delineation and the  estab-
 lishment of such more precise line.
   8.  The  supervision of the maintenance of any freshwater wetlands map
 or portion thereof applicable to wetlands within  the  Adirondack  park,
 the  readjustment  and precise delineation of wetland boundary lines and
 the other functions and duties ascribed to the commissioner by  subdivi-
 sions six and seven of this section shall be performed by the Adirondack
 park  agency, which shall make such maps available for public inspection
 and examination at its headquarters AND ON THE AGENCY'S WEBSITE.
   § 4. Subdivision 1 of section 24-0501 of the  environmental  conserva-
 tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
 read as follows:
 A. 9599                             7
 
   1. On or after September 1, 1975, each  local  government  may  adopt,
 amend,  and[,  upon  the  filing  of the appropriate freshwater wetlands
 map,] implement a freshwater wetlands protection  law  or  ordinance  in
 accordance with this article to be applicable to all freshwater wetlands
 wholly  or  partially  within  its  jurisdiction. No freshwater wetlands
 protection law or ordinance adopted by a county pursuant to this section
 shall be applicable within the boundaries of any city, town  or  village
 which  has  adopted  and  is  implementing  a  local freshwater wetlands
 protection law or ordinance consistent with this article.
   § 5. Section 24-0507 of the environmental conservation law, as amended
 by section 42 of part D of chapter 60 of the laws of 2012, is amended to
 read as follows:
 § 24-0507. Reservation of local jurisdiction.
   Except as provided in this article, jurisdiction over all areas  which
 would qualify as freshwater wetlands except that they are not designated
 as  such  on  the freshwater wetlands map pursuant to section 24-0301 of
 this article because they are less than [twelve and  four-tenths  acres]
 ONE  ACRE  in size, ARE NOT OF UNUSUAL IMPORTANCE AS DEFINED IN SUBDIVI-
 SION NINE OF SECTION 24-0107 OF THIS ARTICLE, and  are  not  of  unusual
 local  importance is reserved to the city, town or village in which they
 are wholly or partially located, and the implementation of this  article
 with  respect  thereto  is  the  responsibility  of  said  city, town or
 village, in accordance with section 24-0501 and  title  twenty-three  of
 article seventy-one of this chapter, except that a city, town or village
 in  the  exercise of its powers under this section, shall not be subject
 to the provisions of subdivision four of section  24-0501,  subdivisions
 two and three of section 24-0503, or section 24-0505 of this article.
   §  6.  Subdivisions 1, 2 and 4 of section 24-0701 of the environmental
 conservation law, subdivisions 1 and 2 as amended by chapter 654 of  the
 laws  of 1977 and subdivision 4 as amended by chapter 697 of the laws of
 1979, are amended and a new subdivision 9 is added to read as follows:
   1. [After issuance of the official  freshwater  wetlands  map  of  the
 state,  or  of  any  selected section or region thereof, any] ANY person
 desiring to conduct on freshwater wetlands [as so designated thereon] OR
 THE REGULATED AREAS ADJACENT TO THOSE WETLANDS SET FORTH IN  SUBDIVISION
 TWO  OF THIS SECTION any of the regulated activities set forth in subdi-
 vision two of this section must obtain a  permit  as  provided  in  this
 title.
   2.  Activities  subject  to  regulation  UNDER SUBDIVISION ONE OF THIS
 SECTION shall include SUBDIVISION OF PARCELS OF LAND CONTAINING FRESHWA-
 TER WETLANDS AND any form of draining, dredging, excavation, removal  of
 soil,  mud,  sand, shells, gravel or other aggregate from any freshwater
 wetland, either directly or indirectly; and any form of  dumping,  fill-
 ing,  or  depositing  of any soil, stones, sand, gravel, mud, rubbish or
 fill of any kind, either directly or  indirectly;  erecting  any  struc-
 tures,   roads,  the  driving  of  pilings,  or  placing  of  any  other
 obstructions whether or not changing the ebb and flow of the water;  any
 form  of  pollution,  including  but not limited to, installing a septic
 tank, running a sewer outfall, discharging sewage treatment effluent  or
 other  liquid  wastes  into or so as to drain into a freshwater wetland;
 and any other activity which substantially impairs any  of  the  several
 functions  served  by freshwater wetlands or the benefits derived there-
 from which are set forth in  section  24-0105  of  this  article.  These
 activities  are subject to regulation whether or not they occur upon the
 wetland itself, if they impinge upon or otherwise  substantially  affect
 the  wetlands  and  are  located not more than one hundred feet from the
 A. 9599                             8
 
 boundary of such wetland. Provided, that a  greater  distance  from  any
 such  wetland may be regulated pursuant to this article by the appropri-
 ate local government or by the department,  whichever  has  jurisdiction
 over such wetland, where necessary to protect and preserve the wetland.
   4.  [The]  ON  LANDS  IN ACTIVE AGRICULTURAL OR SILVICULTURAL USE, THE
 activities of farmers and other landowners in grazing and watering live-
 stock, making reasonable use  of  water  resources,  harvesting  natural
 products  of  the wetlands, selectively cutting timber, draining land or
 wetlands for growing agricultural products and otherwise engaging in the
 use of wetlands [or other land] for  growing  agricultural  products  IN
 SUCH A MANNER AS NOT TO DESTROY OR PERMANENTLY ALTER SUCH WETLANDS shall
 be  excluded  from  regulated  activities and shall not require a permit
 under subdivision one [hereof] OF THIS SECTION, except  that  structures
 not  required for enhancement or maintenance of the agricultural produc-
 tivity of the land and any filling  activities  shall  not  be  excluded
 hereunder, and provided that the use of land [designated as a freshwater
 wetland  upon the freshwater wetlands map at the effective date thereof]
 THAT MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107  OF
 THIS  ARTICLE  for uses other than those referred to in this subdivision
 shall be subject to the provisions of this article.  ALL  ACTIVITIES  ON
 LANDS  THAT MEET THE DEFINITION OF A FRESHWATER WETLAND SHALL BE SUBJECT
 TO THE PROVISION OF THIS  ARTICLE  ONCE  AGRICULTURAL  OR  SILVICULTURAL
 ACTIVITIES CEASE.
   9.  ANY  PERMIT  OBTAINED  SUBJECT  TO SUBDIVISION ONE OF THIS SECTION
 SHALL BE PERMANENTLY APPENDED TO THE DEED FOR  THE  REAL  PROPERTY  SUCH
 REGULATED ACTION OCCURRED ON.
   §  7.  Subdivision 5 of section 24-0703 of the environmental conserva-
 tion law, as amended by section 38 of part D of chapter 60 of  the  laws
 of 2012, is amended to read as follows:
   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] INCLUDES a freshwater wetland subject  to  regulation  OR  A
 REGULATED  FRESHWATER  WETLAND  ADJACENT AREA AND WHETHER A PERMIT UNDER
 SUBDIVISION ONE OF SECTION 27-0701 OF THIS CHAPTER  IS  REQUIRED  FOR  A
 PROPOSED  ACTIVITY. The department shall give a definite answer in writ-
 ing within [thirty] SIXTY days of  such  request  as  to  [whether]  THE
 STATUS  OF such parcel [will or will not be so designated] AND WHETHER A
 PERMIT IS REQUIRED FOR THE PROPOSED ACTIVITY.   Provided  that,  in  the
 event  that  weather  or  ground  conditions prevent the department from
 making a determination within [thirty] SIXTY 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.   [The commissioner may by regulation adopted after public hear-
 ing exempt categories or classes  of  wetlands  or  individual  wetlands
 which  he  determines not to be critical to the furtherance of the poli-
 cies and purposes of this article.]
   § 8. Subdivision 1 of section 24-0705 of the  environmental  conserva-
 tion  law,  as amended by chapter 654 of the laws of 1977, is amended to
 read as follows:
 A. 9599                             9

   1. In granting, denying or limiting any permit, the  local  government
 or  the  commissioner shall consider the effect of the proposed activity
 with reference to the public health and welfare, CLIMATE  CHANGE,  fish-
 ing,  flood,  hurricane and storm dangers, and protection or enhancement
 of  the  several  functions  of the freshwater wetlands and the benefits
 derived therefrom which are set forth in section 24-0103 of  this  arti-
 cle.  The  effects  of  the proposed activity shall be considered by the
 department or a local government, as the case may  be,  irrespective  of
 political boundaries.
   §  9.  Subdivisions  1  and  4 of section 24-0901 of the environmental
 conservation law, subdivision 1 as added by chapter 614 of the  laws  of
 1975  and  subdivision  4 as amended by chapter 654 of the laws of 1977,
 are amended to read as follows:
   1. [Upon completion of the freshwater wetlands map, the]  THE  commis-
 sioner  shall  confer  with local government officials in each region in
 which the inventory has been conducted to establish a  program  for  the
 protection of the freshwater wetlands of the state.
   4. A cooperative agreement with any such village, town, city or county
 may  provide  for  the  development  by  personnel and facilities of the
 department or the payment out of funds appropriated therefor,  INCLUDING
 BUT  NOT LIMITED TO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSU-
 ANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW, for the purpose of
 preserving, maintaining, or enhancing such wetlands in  accordance  with
 the  policies of this article, and for the furnishing of such personnel,
 facilities or funds as may be agreed upon by the parties to the  cooper-
 ative agreement.
   §  10.  Subdivisions  1  and 5 of section 24-0903 of the environmental
 conservation law, as added by chapter 614  of  the  laws  of  1975,  are
 amended to read as follows:
   1. [Upon completion of the freshwater wetlands map of the state, or of
 any  selected  section  or  region  thereof, the] THE commissioner shall
 proceed to classify freshwater wetlands so designated thereon  according
 to  their  most  appropriate  uses,  in light of the values set forth in
 section 24-0105 of this article and the  present  conditions  of  [such]
 FRESHWATER  wetlands[.  The], THE commissioner shall determine what uses
 of [such] FRESHWATER wetlands are most compatible with the foregoing and
 shall prepare minimum land use regulations to permit only  such  compat-
 ible  uses.  The  classifications  may cover freshwater wetlands in more
 than one governmental subdivision.  Permits pursuant to section  24-0701
 of  this  article  are required whether or not a classification has been
 promulgated.
   5. Prior to the adoption of any land use regulations governing  fresh-
 water  wetlands, the commissioner shall hold a public hearing thereon in
 the area in which the affected freshwater wetlands are located, and give
 fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
 AND BY publication at least once in a newspaper  having  general  circu-
 lation  in  the  area of the local government involved. The commissioner
 shall promulgate the regulations within thirty days of such hearing  and
 publish  such  order  at least once in a newspaper having general circu-
 lation in the area of the local government affected and make  such  plan
 available  for  public  inspection  and  review;  AND MAY ALSO POST SUCH
 INFORMATION ON THE DEPARTMENT'S WEBSITE. ANY such order shall  not  take
 effect  until thirty days after the filing thereof with the clerk of the
 county in which such wetland is located.
   § 11. Article 24 of the environmental conservation law is  amended  by
 adding a new title 11 to read as follows:
 A. 9599                            10
 
                                 TITLE 11
                     FRESHWATER WETLANDS APPEAL BOARD
 SECTION 24-1101. FRESHWATER WETLANDS APPEAL BOARD.
         24-1103. POWERS.
 § 24-1101. FRESHWATER WETLANDS APPEAL BOARD.
   1.  THERE  IS  HEREBY CREATED IN THE DEPARTMENT AN APPEALS BOARD TO BE
 KNOWN AS THE FRESHWATER WETLANDS  APPEALS  BOARD,  HEREINAFTER  IN  THIS
 ARTICLE REFERRED TO AS THE BOARD, CONSISTING OF FIVE MEMBERS.
   2.  THREE MEMBERS OF SUCH BOARD SHALL BE APPOINTED BY THE GOVERNOR FOR
 TERMS OF TWO YEARS, ONE OF WHO SHALL BE THE CHAIR OF THE BOARD AND SERVE
 AS ITS CHIEF EXECUTIVE OFFICER; AND TWO MEMBERS SHALL BE APPOINTED  EACH
 BY  THE SENATE MAJORITY AND ASSEMBLY MAJORITY FOR A TERM OF THREE YEARS.
 NO MEMBER OF THE BOARD SHALL BE AN EMPLOYEE OF THE STATE  OR  ANY  POLI-
 TICAL  SUBDIVISION  THEREOF. THE CHAIR OF THE BOARD SHALL HAVE THE POWER
 AND THE DUTY TO PROMOTE THE EFFICIENT TRANSACTION OF THE BUSINESS OF THE
 BOARD. EACH MEMBER SHALL CONTINUE TO HOLD OFFICE UNTIL  A  SUCCESSOR  IS
 APPOINTED  OR  DESIGNATED  AND DULY QUALIFIED. A MEMBER CHOSEN TO FILL A
 VACANCY CREATED OTHERWISE THAN BY EXPIRATION OF A TERM SHALL  BE  DESIG-
 NATED  OR  APPOINTED  AS  THE CASE MAY BE, FOR THE UNEXPIRED TERM OF THE
 MEMBER THEY ARE SUCCEEDING.
   3. APPEALS SHALL BE HEARD BY ONE MEMBER OF THE BOARD  IN  ONE  OF  THE
 COUNTIES  WHEREIN  THE  FRESHWATER  WETLANDS AFFECTED BY SUCH APPEAL ARE
 LOCATED AND A MAJORITY VOTE OF THE MEMBERS OF THE ENTIRE BOARD SHALL  BE
 NECESSARY FOR A DETERMINATION OF SUCH APPEAL.
   4.  THE  CHAIR OF THE BOARD AND TWO OTHER EXECUTIVE APPOINTMENTS SHALL
 BE ATTORNEYS, ADMITTED TO PRACTICE BEFORE THE SUPREME COURT. EACH MEMBER
 OF THE BOARD SHALL BE  REIMBURSED  FOR  ACTUAL  AND  NECESSARY  EXPENSES
 INCURRED IN THE PERFORMANCES OF THEIR DUTIES.
 § 24-1103. POWERS.
   1. THE BOARD SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY:
   (A) TO MEET AND FUNCTION AT ANY PLACE WITHIN THE STATE;
   (B)  TO ADOPT, PROMULGATE, AMEND AND RESCIND SUITABLE PROCEDURAL RULES
 WITH RESPECT TO THE FUNCTIONING OF THE BOARD AND  THE  SETTING  OF  TIME
 LIMITS  FOR  THE HEARING OF APPEALS, THE RENDERING OF DECISIONS THEREON,
 AND THE FILING OF THE DETERMINATIONS, DECISION OR  ORDER  OF  THE  BOARD
 WITH THE CLERK OF THE COUNTY IN WHICH THE FRESHWATER WETLAND IS LOCATED;
   (C)  TO HEAR APPEALS BY ANY PARTY TO ANY PROCEEDING BEFORE THE COMMIS-
 SIONER OR LOCAL JURISDICTION FROM ALL ORDERS OR DECISIONS OF THE COMMIS-
 SIONER OR LOCAL JURISDICTION ISSUED OR MADE PURSUANT  TO  THIS  ARTICLE,
 PROVIDED  SUCH APPEALS ARE COMMENCED BY THE FILING OF A NOTICE OF APPEAL
 WITH THE BOARD WITHIN THIRTY DAYS OF SERVICE  OF  SUCH  ORDER  OR  AFTER
 NOTICE OF SUCH DECISION GIVEN, AS THE CASE MAY BE;
   (D)  TO  REVIEW  ANY  DECISION  OR  ORDER OF THE COMMISSIONER OR LOCAL
 GOVERNMENT MADE PURSUANT TO THIS ARTICLE UPON APPEAL  THEREFROM  BY  ANY
 PERSON  OR MUNICIPAL CORPORATION AFFECTED THEREBY, PROVIDING SUCH REVIEW
 IS COMMENCED BY THE FILING WITH THE BOARD OF A NOTICE OF  REVIEW  WITHIN
 THIRTY  DAYS  OF FILING OF SERVICE OF SUCH ORDER OR AFTER NOTICE OF SUCH
 DECISION GIVEN, AS THE CASE MAY BE;
   (E) TO RECEIVE BRIEFS, AND, WHERE THE BOARD  DEEMS  IT  ADVISABLE,  TO
 HEAR ORAL ARGUMENT WITH RESPECT TO SUCH APPEALS;
   (F)  TO  REQUIRE  THE  SUBMISSION  TO  IT BY THE COMMISSIONER OR LOCAL
 JURISDICTION OF AN ORIGINAL OR CERTIFIED COPY OF THE  ENTIRE  RECORD  ON
 WHICH ANY ORDER OR DECISION APPEALED FROM IS BASED, WHICH RECORD MAY NOT
 BE REPRODUCED; AND
 A. 9599                            11
 
   (G)  TO STAY THE EFFECTIVENESS OF ANY ORDER OR DECISION OF THE COMMIS-
 SIONER OR LOCAL JURISDICTION PENDING THE DETERMINATION OF AN  APPEAL  IN
 PROPER CASES AND ON SUCH TERMS AND CONDITIONS AS THE BOARD MAY REQUIRE.
   2.  THE  BOARD  MAY AFFIRM, REMAND OR REVERSE ANY ORDER OR DECISION OF
 THE COMMISSIONER OR LOCAL GOVERNMENT OR REMAND THE MATTER TO THE COMMIS-
 SIONER OR LOCAL GOVERNMENT FOR FURTHER PROCEEDINGS  IN  WHOLE,  OR  WITH
 RESPECT  TO  ANY  PART  THEREOF,  OR WITH RESPECT TO ANY PARTY, PROVIDED
 HOWEVER THAT THE BOARD SHALL LIMIT ITS REVIEW TO WHETHER  THE  ORDER  OR
 DECISION OF THE COMMISSIONER OR LOCAL GOVERNMENT IS:
   (A)  IN CONFORMITY WITH THE CONSTITUTION AND THE LAWS OF THE STATE AND
 THE UNITED STATES;
   (B) WITHIN THE COMMISSIONER'S OR LOCAL GOVERNMENT'S  STATUTORY  JURIS-
 DICTION OR AUTHORITY;
   (C)  MADE IN ACCORDANCE WITH PROCEDURES REQUIRED BY LAW OR ESTABLISHED
 BY APPROPRIATE RULES OR REGULATIONS OF THE COMMISSIONER OR LOCAL GOVERN-
 MENT;
   (D) SUPPORTED BY SUBSTANTIAL EVIDENCE ON THE WHOLE RECORD; OR
   (E) NOT ARBITRARY, CAPRICIOUS OR CHARACTERIZED BY ABUSE OR  DISCRETION
 OR CLEARLY UNWARRANTED EXERCISE OF DISCRETION.
   3. THE COMMISSIONER OR LOCAL GOVERNMENT SHALL BE BOUND BY THE DECISION
 OF THE BOARD EXCEPT TO THE EXTENT SUCH DECISION IS RESERVED OR OTHERWISE
 MODIFIED BY A COURT OF COMPETENT JURISDICTION PURSUANT TO THIS ARTICLE.
   §  12. Section 24-1305 of the environmental conservation law, as added
 by chapter 771 of the laws of 1976, is amended to read as follows:
 § 24-1305. Applicability.
   The provisions of this article  shall  not  apply  to  any  land  use,
 improvement  or  development  for  which  final approval shall have been
 obtained prior to the effective date of  this  article  from  the  local
 governmental authority or authorities having jurisdiction over such land
 use. As used in this section, the term "final approval" shall mean[:
   (a)  in the case of the subdivision of land, conditional approval of a
 final plat as the term is defined in section two hundred seventy-six  of
 the  town  law, and approval as used in section 7-728 of the village law
 and section thirty-two of the general cities law;
   (b) in the case of a site plan not involving the subdivision of  land,
 approval by the appropriate body or office of a city, village or town of
 the site plan; and
   (c)  in  those cases not covered by subdivision (a) or (b) above,] the
 issuance of a building permit or other authorization for  the  commence-
 ment  of  the  use,  improvement or development for which such permit or
 authorization was issued or in those  local  governments  which  do  not
 require  such  permits or authorizations, the actual commencement of the
 use, improvement or development of the land.
   § 13. Section 54-1501 of the environmental conservation law, as  added
 by  section 5 of part U of chapter 58 of the laws of 2016, is amended to
 read as follows:
 § 54-1501. Definition.
   For purposes of this title, "climate smart community  projects"  shall
 mean  adaptation and mitigation projects, WETLANDS MANAGEMENT, INCLUDING
 COOPERATIVE AGREEMENTS PURSUANT TO  SECTION  24-0901  OF  THIS  CHAPTER,
 including  flood  mitigation and coastal and riparian resiliency, green-
 house gas reductions outside the power sector and climate change adapta-
 tion planning, and clean vehicle projects.
   § 14. Paragraph b of subdivision 1 of section 54-1523 of the  environ-
 mental  conservation law, as added by section 5 of part U of chapter  58
 of the laws of 2016, is amended to read as follows:
 A. 9599                            12
 
   b. nature-based  solutions  such  as  wetland  protections,  INCLUDING
 MAPPING  AND  COOPERATIVE AGREEMENTS PURSUANT TO SECTION 24-0901 OF THIS
 CHAPTER, to address physical climate risk due to sea level rise,  and/or
 storm  surges  and/or  flooding,  based on available data predicting the
 likelihood of future extreme weather events, including hazard risk anal-
 ysis data if applicable;
   §  15. Subdivision 8 of section 70-0117 of the environmental conserva-
 tion law, as added by section 1 of part AAA of chapter 59 of the laws of
 2009, is amended to read as follows:
   8. (a) All persons required to obtain a  permit  from  the  department
 pursuant  to section 24-0701 of this chapter shall submit to the depart-
 ment an application fee in an amount not to exceed the following:
   (i) [fifty] ONE HUNDRED dollars per application for a  [permit  for  a
 minor  project as defined in this article or] modification to any exist-
 ing permit issued pursuant to section 24-0701 of this chapter;
   (ii) [fifty] THREE HUNDRED dollars per application for [a permit for a
 residential project defined as associated with] one  NEW  single  family
 dwelling and customary appurtenances thereto;
   (iii)  [one]  FIVE  hundred dollars per application for A NEW MULTIPLE
 SINGLE FAMILY DWELLING,  NEW  multiple  family  dwelling  and  customary
 appurtenances thereto;
   (iv)  [two] ONE THOUSAND DOLLARS PER APPLICATION FOR NEW COMMERCIAL OR
 INDUSTRIAL STRUCTURES OR IMPROVEMENTS;
   (V) ONE hundred dollars per application for a  permit  for  any  other
 project as defined in this article.
   (b) All persons required to obtain a permit from the department pursu-
 ant to section 25-0402 of this chapter shall submit to the department an
 application fee in an amount not to exceed the following:
   (i)  [two]  THREE  hundred  dollars per application for a permit for a
 minor project as defined in this article or modification to any existing
 permit issued pursuant to section 25-0402 of this chapter;
   (ii) [nine hundred] TWO THOUSAND DOLLARS PER APPLICATION FOR A  SUBDI-
 VISION  OF  LAND  OR NEW COMMERCIAL OR INDUSTRIAL STRUCTURES OR IMPROVE-
 MENTS;
   (III) ONE THOUSAND dollars per application for a permit for a  project
 as defined in this article.
   (c) All fees collected pursuant to this subdivision shall be deposited
 into  the environmental protection fund pursuant to section ninety-two-s
 of the state finance law.
   § 16.  Subdivisions 1 and 2 of section 71-2303  of  the  environmental
 conservation  law,  as  amended  by  chapter 99 of the laws of 2010, are
 amended to read as follows:
   1. Administrative sanctions. (A) Any person who violates, disobeys  or
 disregards  any  provision  of article twenty-four, including title five
 and section 24-0507 thereof or any rule  or  regulation,  local  law  or
 ordinance,  permit  or order issued pursuant thereto, shall be liable to
 the people of the state for a civil penalty  of  not  to  exceed  eleven
 thousand dollars for every such violation, to be assessed, after a hear-
 ing  or  opportunity  to be heard upon due notice and with the rights to
 specification of the charges and representation by counsel at such hear-
 ing, by the commissioner or local government. Such penalty  ASSESSED  BY
 THE  COMMISSIONER  OR  LOCAL  GOVERNMENT  may  be recovered in an action
 brought by the attorney general at the request and in the  name  of  the
 commissioner or local government in any court of competent jurisdiction.
 Such civil penalty may be released or compromised by the commissioner or
 local  government  before  the  matter has been referred to the attorney
 A. 9599                            13
 
 general; and where such matter has been referred to the attorney  gener-
 al,  any  such  penalty  may  be  released or compromised and any action
 commenced to recover the same may be settled  and  discontinued  by  the
 attorney  general  with the consent of the commissioner or local govern-
 ment. In addition, the  commissioner  or  local  government  shall  have
 power,  following  a hearing held in conformance with the procedures set
 forth in section 71-1709 of this article,  to  direct  the  violator  to
 cease  [his  violation of] VIOLATING the act and to restore the affected
 freshwater wetland to its condition prior to the violation,  insofar  as
 that  is  possible within a reasonable time and under the supervision of
 the commissioner or local government. Any such order of the commissioner
 or local government shall be enforceable in an  action  brought  by  the
 attorney  general  at the request and in the name of the commissioner or
 local government in any court of  competent  jurisdiction.    Any  civil
 penalty or order issued by the commissioner or local government pursuant
 to  this  subdivision  shall  be  reviewable in a proceeding pursuant to
 article seventy-eight of the civil practice law and rules.
   (B) UPON DETERMINING THAT SIGNIFICANT  DAMAGE  TO  THE  FUNCTIONS  AND
 BENEFITS OF A FRESHWATER WETLAND IS OCCURRING OR IS IMMINENT AS A RESULT
 OF  ANY  VIOLATION OF ARTICLE TWENTY-FOUR OF THIS CHAPTER, INCLUDING BUT
 NOT LIMITED TO (I) ACTIVITY TAKING PLACE REQUIRING A PERMIT UNDER  ARTI-
 CLE TWENTY-FOUR OF THIS CHAPTER BUT FOR WHICH NO PERMIT HAS BEEN GRANTED
 OR  (II)  FAILURE ON THE PART OF A PERMITTEE TO ADHERE TO PERMIT  CONDI-
 TIONS, THE  COMMISSIONER  OR  LOCAL   GOVERNMENT   SHALL HAVE  POWER  TO
 DIRECT  THE VIOLATOR TO CEASE AND DESIST FROM VIOLATING THE ACT. IN SUCH
 CASES THE VIOLATOR SHALL BE PROVIDED AN OPPORTUNITY TO BE  HEARD  WITHIN
 TEN DAYS OF RECEIPT OF THE NOTICE TO CEASE AND DESIST.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-four of this chapter, including any rule or regulation, local
 law or ordinance, permit or order issued  pursuant  thereto,  shall,  in
 addition,  for the first offense, be guilty of a violation punishable by
 a fine of not less than two thousand nor more than [four] FIVE  thousand
 dollars;  for  a  second  and each subsequent offense [he] THEY shall be
 guilty of a misdemeanor punishable by a fine of not less than four thou-
 sand nor more than [seven] TEN thousand dollars or a term  of  imprison-
 ment  of  not  less  than fifteen days nor more than six months or both.
 [Instead of] IN ADDITION TO  these  punishments,  any  offender  may  be
 punishable  by being ordered by the court to restore the affected fresh-
 water wetland OR AREA IMMEDIATELY  ADJACENT  THERETO  to  its  condition
 prior to the offense, insofar as that is possible. The court shall spec-
 ify  a  reasonable  time  for  the completion of such restoration, which
 shall be effected under the supervision of  the  commissioner  or  local
 government.   Each offense shall be a separate and distinct offense and,
 in the case of a continuing  offense,  each  day's  continuance  thereof
 shall be deemed a separate and distinct offense.
   §  17. Subdivision 1 of section 71-2305 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  The  attorney  general,  upon  [his]  THEIR own initiative or upon
 complaint of the  commissioner  or  local  government,  shall  prosecute
 persons  alleged to have violated [any such order of the commissioner or
 local government pursuant to] article twenty-four OF THIS CHAPTER.
   § 18. This act shall take effect immediately and shall  apply  to  all
 permits issued on or after January 1, 2024.