§ 24-0703. Applications for permits.

1. Any person proposing to conduct or cause to be conducted a
regulated activity upon any freshwater wetland shall file an application
for a permit with the clerk of the local government having jurisdiction
or the department, as the case may be. Review of the application shall
be made by the local government or the commissioner, as the case may be,
in accordance with applicable law and such rules hereunder as may be
adopted by the commissioner. Such application shall include a detailed
description of the proposed activity and a map showing the area of
freshwater wetland directly affected, with the location of the proposed
activity thereon. For any person proposing to conduct or cause to be
conducted a regulated activity involving the use of a pipeline upon any
freshwater wetland, such application shall also include the name of the
insurance company covering such proposed activity, the amount of
coverage and what is covered under the plan. The clerk or commissioner
shall cause notice of such application to be mailed to all local
governments where the proposed activity or any part of it is located.

2. No sooner than thirty days and not later than sixty days after the
receipt by a local government of an application, and after notice of
application has been published by the applicant in two newspapers having
a general circulation in the area, the local government shall hold a
public hearing on such application at a suitable location in the local
government where the affected wetland is situated unless no notice of
objection has been filed or unless the local government finds the
activity to be of such a minor nature as not to affect or endanger the
balance of systems within the wetlands, in which case the local
government may, in the exercise of discretion, dispense with such
hearing. Where the local government finds that a hearing is not
necessary, a decision setting forth reasons therefor shall be prepared,
shall be a matter of public record and shall be mailed to all local
governments where the proposed work or any part of it is located and to
all persons who filed a statement with the local government following
the publication of such notice of application. All owners of record of
the adjacent land and the local governments where the proposed activity
is located shall be notified by certified mail of the hearing not less
than fifteen days prior to the date set for such hearing. The local
government shall cause notice of such hearing to be published in two
newspapers having a general circulation in the area where the affected
freshwater wetlands are located. All applications and maps and documents
relating thereto shall be open for public inspection at the office of
the clerk of the local government in which the wetland is situated. At
such hearing any person or persons filing a request for a hearing or a
timely notice of appearance may appear and be heard.

3. In addition to the provisions of article 70 of this chapter and
rules and regulations adopted thereunder, the rules and regulations
adopted by the department pursuant to this article to implement its
processing of permit applications, renewals, modifications, suspensions
and revocations shall govern permit administration by the department
under this article, provided however, that after the department has
given notice to an applicant that an application is complete, or the
application is deemed complete, the applicant shall cause a notice of
application to be published in a newspaper of general circulation in the
affected area as provided in rules and regulations of the department.

4. The applicant shall have the burden of demonstrating that the
proposed activity will be in accord with the policies and provisions of
this article. To the greatest extent practicable, such hearing shall be
incorporated with any public hearing required by the town, village,
general city, general municipal or environmental conservation laws in
connection with approvals or permits otherwise required before
commencement of regulated activities on lands containing such wetlands.

* 5. Prior to the promulgation of the final freshwater wetlands map in
a particular area and the implementation of a freshwater wetlands
protection law or ordinance, no person shall conduct, or cause to be
conducted, any activity for which a permit is required under section
24-0701 of this title on any freshwater wetland unless he has obtained a
permit from the commissioner under this section. Any person may inquire
of the department as to whether or not a given parcel of land will be
designated a freshwater wetland subject to regulation. The department
shall give a definite answer in writing within thirty days of such
request as to whether such parcel will or will not be so designated.
Provided that, in the event that weather or ground conditions prevent
the department from making a determination within thirty days, it may
extend such period until a determination can be made. Such answer in the
affirmative shall be reviewable; such an answer in the negative shall be
a complete defense to the enforcement of this article as to such parcel
of land. The commissioner may by regulation adopted after public hearing
exempt categories or classes of wetlands or individual wetlands which he
determines not to be critical to the furtherance of the policies and
purposes of this article.

* NB Effective until January 1, 2025

* 5. Any person may inquire of the department as to whether or not a
given parcel of land includes a freshwater wetland subject to regulation
or a regulated freshwater wetland adjacent area. The department shall
give a definite answer in writing within ninety days of such request as
to the status of such parcel and whether a permit is required for the
proposed activity, provided that the person has a delineation verified
by the department and site-specific development plans. Provided that, in
the event that weather or ground conditions prevent the department from
making a determination within ninety days, it may extend such period
until a determination can be made. Such answer in the affirmative shall
be reviewable; such an answer in the negative shall be a complete
defense to the enforcement of this article as to such parcel of land for
a period of five years from the date the department issues the negative
answer.

* NB Effective January 1, 2025