§ 25-0401. Regulated activities.

1. After completion of the inventory prescribed in title 2 of this
article with respect to any tidal wetland, no person may conduct any of
the activities set forth in subdivision 2 of this section unless he has
obtained a permit from the commissioner to do so. The permit issued by
the commissioner shall be in addition to, and not in lieu of, such
permit or permits as may be required by any municipality within whose
boundary such wetland or portion thereof is located.

2. Activities subject to regulation hereunder include any form of
draining, dredging, excavation, and removal either directly or
indirectly, of soil, mud, sand, shells, gravel or other aggregate from
any tidal wetland; any form of dumping, filling, or depositing, either
directly or indirectly, of any soil, stones, sand, gravel, mud, rubbish,
or fill of any kind; the erection of any structures or roads, the
driving of any pilings or placing of any other obstructions, whether or
not changing the ebb and flow of the tide, and any other activity within
or immediately adjacent to inventoried wetlands which may substantially
impair or alter the natural condition of the tidal wetland area.

3. The depositing or removal of the natural products of the tidal
wetlands by recreational or commercial fishing, shellfishing,
aquaculture, hunting or trapping, shall be excluded from regulation
hereunder, where otherwise legally permitted.

4. Activities, orders, and regulations of the department of health or
of units of local government with respect to matters of public health
shall be excluded from regulation hereunder, except as hereinafter
provided. Copies of all such public health orders and regulations
affecting tidal wetlands shall be filed with the department of
environmental conservation. The commissioner may require modification of
such orders or regulations if he deems it necessary to implement the
policy of this act.

5. The commissioner shall review all current mosquito control projects
to determine whether they are having any adverse impact on tidal
wetlands. Where any adverse impact is found, the commissioner following
a public hearing, may require modification of such projects if he deems
it necessary to implement the policy of this act.

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