§ 24-0903. Land use regulations for freshwater wetlands.

1. The commissioner shall classify freshwater wetlands according to
their most appropriate uses, in light of the values set forth in section
24-0105 of this article and the present conditions of such wetlands. The
commissioner shall determine what uses of such wetlands are most
compatible with the foregoing and shall prepare minimum land use
regulations to permit only such compatible uses. The classifications may
cover freshwater wetlands in more than one governmental subdivision.
Permits pursuant to section 24-0701 of this article are required whether
or not a classification has been promulgated.

2. The commissioner shall upon completion of minimum land use
regulations as provided in subdivision one of this section, forward the
same to the local governments affected thereby. Within six months of
receipt of the minimum land use regulations, the legislative body of
each such local government shall submit to the commissioner proposed
regulations governing the freshwater wetlands within its boundaries.
Such proposed regulations shall be consistent with the purposes of this
article and may be more restrictive than the minimum land use
regulations as determined by the commissioner under this article. Where
the proposed local wetlands use regulations do not meet the minimum land
use regulations as determined by the commissioner, the proposed local
regulations shall be accompanied by supporting materials setting forth,
among other things, that there are overriding economic and social
considerations vital to the growth and economic base of such local
government that clearly require such variance.

3. If the commissioner finds that the proposals meet the conditions
stated in subdivision two of this section, the commissioner, after
taking into consideration their effect on other local governments, may
approve said local land use regulations.

4. In the event the commissioner does not approve local freshwater
wetlands land use regulations, he shall then frame land use regulations
governing such freshwater wetlands.

5. Prior to the adoption of any land use regulations governing
freshwater wetlands, the commissioner shall hold a public hearing
thereon in the area in which the affected freshwater wetlands are
located, and give fifteen days prior notice thereof by posting on the
department's website or by publication at least once in a newspaper
having general circulation in the area of the local government involved.
The commissioner shall promulgate the regulations and post such order on
the department's website or publish such order in a newspaper having
general circulation in the area of the local government affected and
make such plan available for public inspection and review.

6. The commissioner shall accept and review applications to change the
regulations annually.

7. Any person aggrieved by any such order or regulation may seek
judicial review pursuant to article seventy-eight of the civil practice
law and rules in the supreme court for the county in which the
freshwater wetland is located, within thirty days after the date of the
filing of the order with the clerk of the county in which the wetland is
located.

8. Except as provided in section 24-0805 of this article, this section
shall not apply to freshwater wetlands or portions thereof located
within the Adirondack park.