§ 24-0705. Granting permits.

* 1. In granting, denying or limiting any permit, the local government
or the commissioner shall consider the effect of the proposed activity
with reference to the public health and welfare, fishing, flood,
hurricane and storm dangers, and protection or enhancement of the
several functions of the freshwater wetlands and the benefits derived
therefrom which are set forth in section 24-0103 of this article. The
effects of the proposed activity shall be considered by the department
or a local government, as the case may be, irrespective of political
boundaries.

* NB Effective until January 1, 2025

* 1. In granting, denying or limiting any permit, the local government
or the commissioner shall consider the effect of the proposed activity
with reference to the public health and welfare, climate change,
fishing, flood, hurricane and storm dangers, and protection or
enhancement of the several functions of the freshwater wetlands and the
benefits derived therefrom which are set forth in section 24-0103 of
this article. The effects of the proposed activity shall be considered
by the department or a local government, as the case may be,
irrespective of political boundaries.

* NB Effective January 1, 2025

2. Duly filed notice in writing that the state or any agency or
subdivision thereof is in the process of acquiring any freshwater
wetlands by negotiation or condemnation shall be sufficient basis for
denial of any permit.

3. No permit shall be granted under this section unless the proposed
activity is consistent with the land use regulations applicable pursuant
to section 24-0903 of this article within the boundaries of the local
government involved and with the policy set forth in section 24-0103 of
this article.

4. In granting a permit, the local government or the commissioner may
limit the same or impose conditions or limitations designed to carry out
the public policy set forth in this article. The local government or the
commissioner may require a bond in an amount and with surety and
conditions satisfactory to him securing to the state or local
government, as the case may be, compliance with the conditions and
limitations set forth in the permit. The local government may suspend or
revoke a permit if it finds that the applicant has not complied with any
of the conditions or limitations set forth in the permit or has exceeded
the scope of the activity as set forth in the application. The local
government may suspend the permit if the applicant fails to comply with
the terms and conditions set forth in the application. Department
suspension and revocation proceedings shall be governed by the
provisions of article 70 of this chapter and rules and regulations
adopted thereunder and by the provisions of rules and regulations
adopted by the department as provided in section 24-1301 of this
article.

5. The local government or the commissioner shall state upon the
record findings and reasons for all actions taken pursuant to this
section.

6. Review of the determination of the local government or of the
commissioner shall be, within a period of thirty days after the filing
thereof, pursuant to the provisions of article seventy-eight of the
civil practice law and rules. Any owner of the wetland affected and any
resident or citizen of the local government shall be deemed to have the
requisite standing to seek review.

7. In the event that the court finds the action reviewed constitutes a
taking without just compensation, and the land so regulated merits
protection under this article, the court may, at the election of the
commissioner, either (i) set aside the order or (ii) require the
commissioner to proceed under the condemnation law to acquire the
wetlands or such less than fee rights therein as have been taken.