§ 24-0501. Local freshwater wetlands protection procedures.

* 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.

* NB Effective until January 1, 2025

* 1. On or after September 1, 1975, each local government may adopt,
amend, and 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.

* NB Effective January 1, 2025

2. Said freshwater wetlands protection law or ordinance may be in such
form and with such procedures prescribed as may be determined by the
local government adopting the same, or it may set forth the procedures
and concepts contained in this article; provided, however, that no local
freshwater wetlands protection law or ordinance enacted pursuant to
subdivision one hereof shall be less protective of freshwater wetlands
or effectiveness of administrative and judicial review, than the
procedures set forth in this article, nor shall such local law or
ordinance affect the activities exempted from permit by section 24-0701
of title seven hereof.

3. Adoption by a local government, pursuant to this article, of a
local freshwater wetlands protection law or ordinance by reference to
the procedures and concepts set forth herein shall be sufficient if
reference is made to the procedures and concepts of this article with
exceptions, additions, and modifications thereto noted; and the
adoption, once effected, shall include subsequent statutory amendments
to this article as aforesaid; subject, again, to exception, addition, or
modification by such municipality, without time limitation. At any time
after a local adoption of the procedures contained in this article, a
local government subject to this section may rescind its adoption
thereof and simultaneously adopt a local freshwater wetlands protection
procedure in accordance with subdivisions one and two of this section.

* 4. If a city, town or village fails to adopt and implement a
freshwater wetlands protection law or ordinance in accordance with this
article by the date the applicable freshwater wetlands map is filed by
the department or by September 1, 1977, whichever is later, it shall be
deemed to have transferred the function to the county in accordance with
section 24-0503. If the county fails within ninety days after the date
of filing of the applicable freshwater wetlands map or after September
1, 1977, whichever is later, to adopt and implement a freshwater
wetlands protection law or ordinance in accordance with this article, it
shall be deemed to have transferred the function to the department.
Within thirty days after the adoption of a freshwater wetlands
protection law or ordinance pursuant to this article, the local
government shall notify the department thereof, under such terms and
conditions as the department may prescribe, together with its technical
and administrative capacity to administer the act. Failure of a local
government to give such notice shall constitute a transfer of function
pursuant to this subdivision and section 24-0503.

* NB Effective until January 1, 2025

* 4. Within thirty days after the adoption of a freshwater wetlands
protection law or ordinance pursuant to this article, the local
government shall notify the department thereof, under such terms and
conditions as the department may prescribe, together with its technical
and administrative capacity to administer the act. Failure of a local
government to give such notice shall constitute a transfer of function
pursuant to this subdivision and section 24-0503 of this article.

* NB Effective January 1, 2025

5. A local government or the department shall have the right, in its
regulation of freshwater wetlands within its jurisdiction, to charge
such fees and expenses to an applicant for official action as shall
enable it to recover the costs incurred by reason of such application.

6. Any local government which defaults or transfers its authority
pursuant to subdivision four of this section or section 24-0503 of this
article, may recover such authority at any time by adopting a local
freshwater wetland protection local law or ordinance consistent with
this article and notifying the county and the department of the
adoption. Such notice shall be given by certified mail within ten days
of the adoption thereof. Such local law or ordinance shall not become
effective in less than sixty nor more than one hundred days from the
adoption thereof.

7. The technical services of the department shall be made available to
municipalities, on a fee basis, in the implementation of the procedure
herein set forth.