§ 25-0201. Inventory of tidal wetlands.

1. The commissioner shall as soon as practicable make an inventory of
all tidal wetlands in the state of New York. This inventory, and any
restrictive orders issued pursuant to section 25-0302 of this act, shall
comprise a part of the statewide environmental plan as provided for in
section 3-0303 of the environmental conservation law.

2. The inventory shall set forth the boundaries of such wetlands using
such photographic and cartographic standards and techniques as the
commissioner may deem reasonable and appropriate in order to provide
clear and accurate maps of the tidal wetlands of the state for the
purpose of effectuating the policies and provisions of this act. Said
boundaries shall generally delineate all tidal wetlands in the state as
defined in section 25-0101 of this act. At least sixty days prior to the
commencement of the inventory the commissioner shall file with the
secretary of state a detailed description of the technical methods and
requirements to be utilized in compiling the inventory, and he shall
afford the public an opportunity to submit written comments thereon.

3. Upon completion of a tentative tidal wetlands boundary map for a
particular area, the commissioner or his designated hearing officer
shall hold a public hearing in order to afford an opportunity for any
person to propose additions or deletions from such map. The commissioner
shall give notice of such hearing to each owner of record of all lands
designated as such wetland as shown on such maps, and also to the chief
administrative officer of each municipality within whose boundary any
such wetland or portion thereof is located, by certified mail, return
receipt requested, not less than thirty days prior to the date set for
such hearing. The commissioner shall also cause notice of such hearing
to be published at least once, not more than thirty days nor fewer than
ten days before the date set for such hearing, in at least two
newspapers having a general circulation in the area where such wetlands
are located.

4. After considering the testimony given at such hearing and any other
facts which may be deemed pertinent and after considering the rights of
affected property owners and the policy and purposes of this act, the
commissioner shall establish by order the final bounds of each such
wetland. A copy of the order, together with a copy of the map depicting
such final boundary lines, shall be filed in the office of the clerk of
the county in which each such wetland is located. The commissioner shall
simultaneously give notice of such order to each owner of all lands
designated as such wetlands by mailing a copy of such order to such
owner. The commissioner shall also simultaneously give notice of such
order by certified mail to the chief administrative officer of each
municipality within whose boundary any such wetland or portion thereof
is located. The commissioner shall also cause a copy of such order to be
published in at least two newspapers having a general circulation in the
area where such wetlands are located.

5. Any person aggrieved by such order 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 tidal wetlands are
located, within thirty days after the date of the filing of the order
with the clerk of the county in which such wetlands are located.

6. The commissioner shall supervise the maintenance of such boundary
maps, which shall be available to the public for inspection and
examination. The statewide inventory shall be readjusted from time to
time as may be necessary to reflect such natural changes as have
occurred through erosion, accretion, and otherwise and also to reflect
such other changes as have occurred as a result of the granting of
permits pursuant to section 25-0403 of this act.