Legislation
SECTION 24-0301
Commissioner's study
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 24, TITLE 3
§ 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 or (b) 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 characteristics. This study shall, in addition to such
other data as the commissioner may determine to be included, 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 otherwise, or assembled by federal or local
governmental or private agencies, all of which information shall be
assembled and integrated, as applicable, 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 chapter. 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.
* NB Effective until January 1, 2025
* 1. Except as provided in subdivision three of this section, the
commissioner shall supervise the maintenance of freshwater 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 on the department's website.
Digital files of freshwater wetland maps may also be made available,
upon request, to the clerk of each county, city, town, or village in
which each such wetland or a portion thereof is located. The
commissioner may readjust the map at any time to more accurately depict
the approximate location of wetlands, provided however, that a
description of such changes shall be made available on the department's
website along with the date such changes were made.
* NB Effective January 1, 2025
* 2. Upon completion of a freshwater wetlands inventory, the
commissioner shall prepare a tentative 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 tentative freshwater wetlands map for any area within the
Adirondack park.
* NB Effective until January 1, 2025
* 2. Except as provided in subdivision three of this section, the
commissioner may, upon their own initiative, and shall, 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 the boundary line or lines of a freshwater
wetland or a portion thereof. The commissioner shall undertake to
delineate the boundary of a particular wetland or wetlands, or a
particular part of the boundary thereof only upon a showing by the
applicant therefor of good cause for such delineation and the
establishment of such line. Such delineation shall be effective for a
period of five years from the date of such delineation.
* NB Effective January 1, 2025
* 3. The tentative 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.
* NB Effective until January 1, 2025
* 3. 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
subdivisions one and two 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.
* NB Effective January 1, 2025
* 4. Upon completion of the tentative freshwater wetlands map for a
particular area, the commissioner or his designated hearing officer
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 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 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 commissioner may post on
the department's website a digital image that represents the tentative
freshwater wetlands map.
* NB Effective until January 1, 2025
* 4. There is a rebuttable presumption that mapped and unmapped areas
meeting the definition of a freshwater wetland in this article 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 article. A wetland delineation
by the department, or a verification by the department of a wetland
delineation by another party, is required to identify the regulated
freshwater wetland boundary in a particular location.
* NB Effective January 1, 2025
* 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
consulting 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. 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 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 commissioner 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.
* NB Effective until January 1, 2025
* 5. By January 1, 2025, in addition to any ongoing aerial
photography, soil surveys or field verifications being conducted by the
department, the department shall accept information from federal
government sources, other state sources, local governments, colleges,
universities, environmental organizations or other private agencies,
regarding the location of freshwater wetlands.
* NB Effective January 1, 2025
* 6. Except as provided in subdivision eight of this section, the
commissioner shall supervise the maintenance of such boundary 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. 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. Notice of such readjustment shall be given in
the same manner as set forth in subdivision five of this section for the
promulgation of final freshwater wetlands maps. In addition, at the time
notice is provided pursuant to subdivision five of this section, the
commissioner shall update any digital image of the map posted on the
department's website to reflect such readjustment.
* NB Effective until January 1, 2025
* 6. By January 1, 2025, the department shall make educational
materials available on its website to inform landowners and local
governments of the process for determining how to identify freshwater
wetlands.
* NB Effective January 1, 2025
* 7. Except as provided in subdivision eight of this section, the
commissioner may, upon his own initiative, and shall, 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 identification 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
particular part of the boundary thereof only upon a showing by the
applicant therefor of good cause for such more precise delineation and
the establishment of such more precise line.
* NB Repealed January 1, 2025
* 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
subdivisions 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.
* NB Repealed January 1, 2025
* 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 or (b) 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 characteristics. This study shall, in addition to such
other data as the commissioner may determine to be included, 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 otherwise, or assembled by federal or local
governmental or private agencies, all of which information shall be
assembled and integrated, as applicable, 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 chapter. 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.
* NB Effective until January 1, 2025
* 1. Except as provided in subdivision three of this section, the
commissioner shall supervise the maintenance of freshwater 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 on the department's website.
Digital files of freshwater wetland maps may also be made available,
upon request, to the clerk of each county, city, town, or village in
which each such wetland or a portion thereof is located. The
commissioner may readjust the map at any time to more accurately depict
the approximate location of wetlands, provided however, that a
description of such changes shall be made available on the department's
website along with the date such changes were made.
* NB Effective January 1, 2025
* 2. Upon completion of a freshwater wetlands inventory, the
commissioner shall prepare a tentative 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 tentative freshwater wetlands map for any area within the
Adirondack park.
* NB Effective until January 1, 2025
* 2. Except as provided in subdivision three of this section, the
commissioner may, upon their own initiative, and shall, 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 the boundary line or lines of a freshwater
wetland or a portion thereof. The commissioner shall undertake to
delineate the boundary of a particular wetland or wetlands, or a
particular part of the boundary thereof only upon a showing by the
applicant therefor of good cause for such delineation and the
establishment of such line. Such delineation shall be effective for a
period of five years from the date of such delineation.
* NB Effective January 1, 2025
* 3. The tentative 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.
* NB Effective until January 1, 2025
* 3. 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
subdivisions one and two 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.
* NB Effective January 1, 2025
* 4. Upon completion of the tentative freshwater wetlands map for a
particular area, the commissioner or his designated hearing officer
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 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 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 commissioner may post on
the department's website a digital image that represents the tentative
freshwater wetlands map.
* NB Effective until January 1, 2025
* 4. There is a rebuttable presumption that mapped and unmapped areas
meeting the definition of a freshwater wetland in this article 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 article. A wetland delineation
by the department, or a verification by the department of a wetland
delineation by another party, is required to identify the regulated
freshwater wetland boundary in a particular location.
* NB Effective January 1, 2025
* 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
consulting 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. 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 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 commissioner 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.
* NB Effective until January 1, 2025
* 5. By January 1, 2025, in addition to any ongoing aerial
photography, soil surveys or field verifications being conducted by the
department, the department shall accept information from federal
government sources, other state sources, local governments, colleges,
universities, environmental organizations or other private agencies,
regarding the location of freshwater wetlands.
* NB Effective January 1, 2025
* 6. Except as provided in subdivision eight of this section, the
commissioner shall supervise the maintenance of such boundary 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. 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. Notice of such readjustment shall be given in
the same manner as set forth in subdivision five of this section for the
promulgation of final freshwater wetlands maps. In addition, at the time
notice is provided pursuant to subdivision five of this section, the
commissioner shall update any digital image of the map posted on the
department's website to reflect such readjustment.
* NB Effective until January 1, 2025
* 6. By January 1, 2025, the department shall make educational
materials available on its website to inform landowners and local
governments of the process for determining how to identify freshwater
wetlands.
* NB Effective January 1, 2025
* 7. Except as provided in subdivision eight of this section, the
commissioner may, upon his own initiative, and shall, 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 identification 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
particular part of the boundary thereof only upon a showing by the
applicant therefor of good cause for such more precise delineation and
the establishment of such more precise line.
* NB Repealed January 1, 2025
* 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
subdivisions 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.
* NB Repealed January 1, 2025