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This entry was published on 2025-01-03
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SECTION 24-0507
Reservation of local jurisdiction
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 24, TITLE 5
§ 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 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.