§ 24-0701. Permits.

* 1. After issuance of the official freshwater wetlands map of the
state, or of any selected section or region thereof, any person desiring
to conduct on freshwater wetlands as so designated thereon any of the
regulated activities set forth in subdivision two of this section must
obtain a permit as provided in this title.

* NB Effective until January 1, 2025

* 1. Any person desiring to conduct activities on freshwater wetlands,
or the regulated areas adjacent to these wetlands set forth in
subdivision two of this section, must obtain a permit as provided in
this title.

* NB Effective January 1, 2025

2. Activities subject to regulation shall include any form of
draining, dredging, excavation, removal of soil, mud, sand, shells,
gravel or other aggregate from any freshwater wetland, either directly
or indirectly; and any form of dumping, filling, or depositing of any
soil, stones, sand, gravel, mud, rubbish or fill of any kind, either
directly or indirectly; erecting any structures, roads, the driving of
pilings, or placing of any other obstructions whether or not changing
the ebb and flow of the water; any form of pollution, including but not
limited to, installing a septic tank, running a sewer outfall,
discharging sewage treatment effluent or other liquid wastes into or so
as to drain into a freshwater wetland; and any other activity which
substantially impairs any of the several functions served by freshwater
wetlands or the benefits derived therefrom which are set forth in
section 24-0105 of this article. These activities are subject to
regulation whether or not they occur upon the wetland itself, if they
impinge upon or otherwise substantially affect the wetlands and are
located not more than one hundred feet from the boundary of such
wetland. Provided, that a greater distance from any such wetland may be
regulated pursuant to this article by the appropriate local government
or by the department, whichever has jurisdiction over such wetland,
where necessary to protect and preserve the wetland.

3. The depositing or removal of the natural products of the freshwater
wetlands by recreational or commercial fishing, shell-fishing,
aquaculture, hunting or trapping shall be excluded from regulated
activities, where otherwise legally permitted and regulated.

* 4. The activities of farmers and other landowners in grazing and
watering livestock, making reasonable use of water resources, harvesting
natural products of the wetlands, selectively cutting timber, draining
land or wetlands for growing agricultural products and otherwise
engaging in the use of wetlands or other land for growing agricultural
products shall be excluded from regulated activities and shall not
require a permit under subdivision one hereof, except that structures
not required for enhancement or maintenance of the agricultural
productivity of the land and any filling activities shall not be
excluded hereunder, and provided that the use of land designated as a
freshwater wetland upon the freshwater wetlands map at the effective
date thereof for uses other than those referred to in this subdivision
shall be subject to the provisions of this article.

* NB Effective until January 1, 2025

* 4. On lands in active agricultural use or silviculture use, the
activities of farmers and other landowners in grazing and watering
livestock, making reasonable use of water resources, harvesting natural
products of the wetlands, selectively cutting timber, draining land or
wetlands for growing agricultural products and otherwise engaging in the
use of wetlands or other land for growing agricultural products shall be
excluded from regulated activities and shall not require a permit under
subdivision one of this section, except that structures not required for
enhancement or maintenance of the agricultural productivity of the land
and any filling activities shall not be excluded hereunder, and provided
that the use of land that meets the definition of a freshwater wetland
in section 24-0107 of this article for uses other than those referred to
in this subdivision shall be subject to the provisions of this article.
All activities on lands that meet the definition of a freshwater wetland
shall be subject to the provisions of this article once agricultural or
silviculture activities cease.

* NB Effective January 1, 2025

5. Public health activities, orders, and regulations of the department
of health shall be excluded from regulated activities. Copies of all
such public health orders and regulations affecting wetlands shall be
filed with the department of environmental conservation. The
commissioner may request modification of such orders or regulations if
he deems such necessary to implement the policy of this article.

6. The commissioner shall review all current mosquito control projects
to determine whether they are having any adverse impact on freshwater
wetlands. Where any adverse impact is found, the commissioner may
require modification of such projects if he deems such necessary for the
implementation of the policies of this article.

7. Where dredging or filling is in navigable waters of the state or is
for the reconstruction or repair of certain dams and docks, and where
such activity also affects freshwater wetlands, any person undertaking
such activity must seek permission under this article as well as under
any other applicable law.

8. On any land that is being developed pursuant to a planned unit
development ordinance or local law where freshwater wetlands are to
remain as open space, development activities shall be permitted in areas
contiguous to such wetlands if the local government affirms that such
activities will not despoil said wetland.