§ 24-0107. Definitions.

1. * "Freshwater wetlands" means lands and waters of the state as
shown on the freshwater wetlands map which contain any or all of the
following:

* NB Effective until January 1, 2025

* "Freshwater wetlands" means lands and waters of the state, that are
not tidal wetlands as defined in subdivision one of section 25-0103 of
this chapter, that have an area of at least twelve and four-tenths acres
or, if less than twelve and four-tenths acres in size, are of unusual
importance, and which contain any or all of the following:

* NB Effective January 1, 2025 until January 1, 2028

* "Freshwater wetlands" means lands and waters of the state, that are
not tidal wetlands as defined in subdivision one of section 25-0103 of
this chapter, that have an area of at least seven and four-tenths acres
or, if less than seven and four-tenths acres in size, are of unusual
importance, and which contain any or all of the following:

* NB Effective January 1, 2028

(a) lands and submerged lands commonly called marshes, swamps,
sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation
of the following types:

(1) wetland trees, which depend upon seasonal or permanent flooding or
sufficiently water-logged soils to give them a competitive advantage
over other trees; including, among others, red maple (Acer rubrum),
willows (Salix spp.), black spruce (Picea mariana); swamp white oak
(Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash (Fraxinus
nigra), silver maple (Acer saccharinum), American elm (Ulmus americana),
and Larch (Larix laricina);

(2) wetland shrubs, which depend upon seasonal or permanent flooding
or sufficiently water-logged soils to give them a competitive advantage
over other shrubs; including, among others, alder (Alnus spp.),
buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda
glaucophylla), dogwoods (Cornus spp.), and leatherleaf (Chamaedaphne
calyculata);

(3) emergent vegetation, including, among others, cattails (Typha
spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.),
arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed
(Phragmites communis), wildrice (Zizania aquatica), bur-reeds
(Sparganium spp.), purple loosetrife (Lythrum salicaria), swamp
loosestrife (Decodon verticillatus); and water plantain (Alisma
plantago-aquatica);

(4) rooted, floating-leaved vegetation; including, among others,
water-lily (Nymphaea odorata), water shield (Brasenia schreberi), and
spatterdock (Nuphar spp.);

(5) free-floating vegetation; including, among others, duckweed (Lemna
spp.), big duckweed (Spirodela polyrhiza), and watermeal (Wolffia spp.);

(6) wet meadow vegetation, which depends upon seasonal or permanent
flooding or sufficiently water-logged soils to give it a competitive
advantage over other open land vegetation; including, among others,
sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice
cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea),
swamp loosestrife (Decodon verticillatus), and spikerush (Eleocharis
spp.);

(7) bog mat vegetation; including, among others, sphagnum mosses
(Sphagnum spp.), bog rosemary (Andromeda glaucophylla), leatherleaf
(Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea), and
cranberries (Vaccinium macrocarpon and V. oxycoccos);

(8) submergent vegetation; including, among others, pondweeds
(Potamogeton spp.), naiads (Najas spp.), bladderworts (Utricularia
spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum
demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara spp.),
stonewort (Nitella spp.), water weeds (Elodea spp.), and water smartweed
(Polygonum amphibium);

(b) lands and submerged lands containing remnants of any vegetation
that is not aquatic or semi-aquatic that has died because of wet
conditions over a sufficiently long period, provided that such wet
conditions do not exceed a maximum seasonal water depth of six feet and
provided further that such conditions can be expected to persist
indefinitely, barring human intervention;

* (c) lands and waters substantially enclosed by aquatic or
semi-aquatic vegetation as set forth in paragraph (a) or by dead
vegetation as set forth in paragraph (b), the regulation of which is
necessary to protect and preserve the aquatic and semi-aquatic
vegetation; and

* NB Effective until January 1, 2025

* (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 regulation of which is necessary to protect and
preserve the aquatic and semi-aquatic vegetation; and

* NB Effective January 1, 2025

* (d) the waters overlying the areas set forth in (a) and (b) and the
lands underlying (c).

* NB Effective until January 1, 2025

* (d) the waters overlying the areas set forth in paragraphs (a) and
(b) of this subdivision and the lands underlying paragraph (c) of this
subdivision.

* NB Effective January 1, 2025

* 2. "Freshwater wetlands map" shall mean a map promulgated by the
department pursuant to section 24-0301 of this article on which are
indicated the boundaries of any freshwater wetlands.

* NB Effective until January 1, 2025

* 2. "Freshwater wetlands map" shall mean a map developed by the
department pursuant to section 24-0301 of this article on which are
indicated the boundaries of any freshwater wetlands. Freshwater wetland
maps depict the approximate location of wetlands and are not necessarily
determinative as to whether a permit is required pursuant to section
24-0701 of this article.

* NB Effective January 1, 2025

* 3. "Boundaries of a freshwater wetland" shall mean the outer limit
of the vegetation specified in paragraphs (a) and (b) of subdivision one
of section 24-0107 and of the lands and waters specified in paragraph
(c) of such subdivision.

* NB Effective until January 1, 2025

* 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 and of the lands and waters specified in paragraph (c)
of such subdivision.

* NB Effective January 1, 2025

4. "Local government" shall mean a village, town, city, or county.

5. "State agency" shall mean any state department, bureau, commission,
board or other agency, public authority or public benefit corporation.

6. "Person" means any corporation, firm, partnership, association,
trust, estate, one or more individuals, and any unit of government or
agency or subdivision thereof, including the state.

7. "Board" shall mean the freshwater wetland appeals board.

* 8. "Pollution" shall mean the presence in the environment of
man-induced conditions or contaminants in quantities or characteristics
which are or may be injurious to human, plant or wildlife, or other
animal life or to property.

* NB Effective until January 1, 2025

* 8. "Pollution" shall mean the presence in the environment of
human-induced conditions, or contaminants in quantities or
characteristics which are or may be injurious to human, plant or
wildlife, or other animal life or to property.

* NB Effective January 1, 2025

* 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 a watershed that has experienced significant
flooding in the past, or is expected to experience significant flooding
in the future from severe storm events related to climate change;

(b) it is located within or adjacent to an urban 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
statewide;

(d) it contains habitat for an essential behavior of an endangered or
threatened species or a species of special concern as defined under
section 11-0535 of this chapter or listed as a species of greatest
conservation need in New York's wildlife action plan;

(e) it is classified by the department as a Class I wetland;

(f) it was previously classified and mapped by the department as a
wetland of unusual local importance;

(g) it is a vernal pool that is known to be productive for amphibian
breeding;

(h) it is located in an area designated as a floodway on the most
current Digital Flood Insurance Rate Map (DFIRM) produced by the Federal
Emergency Management Agency;

(i) it was previously mapped by the department as a wetland on or
before December thirty-first, two thousand twenty-four;

(j) it has wetland functions and values that are of local or regional
significance; or

(k) it is determined by the commissioner to be of significant
importance to protecting the state's water quality.

* NB Effective January 1, 2025

* 10. "Delineation" shall mean a precise representation of a regulated
freshwater wetland as defined in subdivision one of this section.

* NB Effective January 1, 2025