§ 24-0503. Transfer of function to county; supersession by department.

1. In the event that a town, village, city or county shall certify in
writing, as hereinafter provided, that it does not possess the technical
capacity or the procedures effectively to carry out the requirements of
this title, such local function shall be transferred to the county or
the department, as the case may be. The certification of the town,
village or city shall be by certified mail to the chief executive
officer of the county, or, in the case of a county, to the commissioner.

2. In the event that the commissioner shall find that a local
government does not possess the technical capacity or the implemented
procedures effectively to carry out the requirements of this title, and
that his failure to act will entail a default, or the potential of a
default, in freshwater wetlands regulation, the commissioner may
supersede the local government and order, alternatively, either that the
local function be transferred to the county, or that the department
itself undertake the local function, all to the extent necessary to
carry out the purposes of this article. The supersession of the local
government, shall be by order of the commissioner sent, by certified
mail, to the chief executive officer of the local government involved.

3. In the event of transfer or supersession under subdivision one or
two of this section, subsequent proceedings shall be in accordance with
the further requirements of this article.