§ 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.