Legislation
SECTION 24-0507
Reservation of local jurisdiction
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 24, TITLE 5
* § 24-0507. Reservation of local jurisdiction.
Except as provided in this article, jurisdiction over all areas which
would qualify as freshwater wetlands except that they are not designated
as such on the freshwater wetlands map pursuant to section 24-0301 of
this article because they are less than twelve and four-tenths acres in
size and are not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located, and the
implementation of this article with respect thereto is the
responsibility of said city, town or village, in accordance with section
24-0501 and title twenty-three of article seventy-one of this chapter,
except that a city, town or village in the exercise of its powers under
this section, shall not be subject to the provisions of subdivision four
of section 24-0501, subdivisions two and three of section 24-0503, or
section 24-0505 of this article.
* NB Effective until January 1, 2025
* § 24-0507. Reservation of local jurisdiction.
** 1. Except as provided in this article, jurisdiction over all areas
which would qualify as freshwater wetlands less than twelve and
four-tenths acres in size and are not of unusual importance is reserved
to the city, town or village in which they are wholly or partially
located, and the implementation of this article with respect thereto is
the responsibility of said city, town or village, in accordance with
section 24-0501 and title twenty-three of article seventy-one of this
chapter, except that a city, town or village in the exercise of its
powers under this section, shall not be subject to the provisions of
subdivision four of section 24-0501, subdivisions two and three of
section 24-0503, or section 24-0505 of this article.
** NB Effective January 1, 2025 until January 1, 2028
** 1. Except as provided in this article, jurisdiction over all areas
which would qualify as freshwater wetlands less than seven and
four-tenths acres in size and are not of unusual importance is reserved
to the city, town or village in which they are wholly or partially
located, and the implementation of this article with respect thereto is
the responsibility of said city, town or village, in accordance with
section 24-0501 and title twenty-three of article seventy-one of this
chapter, except that a city, town or village in the exercise of its
powers under this section, shall not be subject to the provisions of
subdivision four of section 24-0501, subdivisions two and three of
section 24-0503, or section 24-0505 of this article.
** NB Effective January 1, 2028
2. The department shall consult with any city, town, or village that
exercises its powers under this section for the protection of freshwater
wetlands.
* NB Effective January 1, 2025
Except as provided in this article, jurisdiction over all areas which
would qualify as freshwater wetlands except that they are not designated
as such on the freshwater wetlands map pursuant to section 24-0301 of
this article because they are less than twelve and four-tenths acres in
size and are not of unusual local importance is reserved to the city,
town or village in which they are wholly or partially located, and the
implementation of this article with respect thereto is the
responsibility of said city, town or village, in accordance with section
24-0501 and title twenty-three of article seventy-one of this chapter,
except that a city, town or village in the exercise of its powers under
this section, shall not be subject to the provisions of subdivision four
of section 24-0501, subdivisions two and three of section 24-0503, or
section 24-0505 of this article.
* NB Effective until January 1, 2025
* § 24-0507. Reservation of local jurisdiction.
** 1. Except as provided in this article, jurisdiction over all areas
which would qualify as freshwater wetlands less than twelve and
four-tenths acres in size and are not of unusual importance is reserved
to the city, town or village in which they are wholly or partially
located, and the implementation of this article with respect thereto is
the responsibility of said city, town or village, in accordance with
section 24-0501 and title twenty-three of article seventy-one of this
chapter, except that a city, town or village in the exercise of its
powers under this section, shall not be subject to the provisions of
subdivision four of section 24-0501, subdivisions two and three of
section 24-0503, or section 24-0505 of this article.
** NB Effective January 1, 2025 until January 1, 2028
** 1. Except as provided in this article, jurisdiction over all areas
which would qualify as freshwater wetlands less than seven and
four-tenths acres in size and are not of unusual importance is reserved
to the city, town or village in which they are wholly or partially
located, and the implementation of this article with respect thereto is
the responsibility of said city, town or village, in accordance with
section 24-0501 and title twenty-three of article seventy-one of this
chapter, except that a city, town or village in the exercise of its
powers under this section, shall not be subject to the provisions of
subdivision four of section 24-0501, subdivisions two and three of
section 24-0503, or section 24-0505 of this article.
** NB Effective January 1, 2028
2. The department shall consult with any city, town, or village that
exercises its powers under this section for the protection of freshwater
wetlands.
* NB Effective January 1, 2025