§ 25-0405. Payments for extractions from or filling in wetlands.

1. Any applicant for a permit to dredge, excavate, or remove soil,
mud, sand, shells, gravel or other aggregate from any publicly-owned
tidal wetland shall be required to pay to the public owner thereof such
amount, which shall not be nominal, as the office of general services or
its local equivalent body shall determine to be the value of the
aggregate extracted. Any person aggrieved by such determination 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
wetland is located.

2. Any applicant for a permit to dump, fill, or deposit any soil,
stones, sand, gravel, mud, rubbish, or fill of any kind onto or in any
publicly-owned tidal wetlands shall be required to pay to the owner such
amount, which shall not be nominal, as the office of general services or
its local equivalent shall determine. Any person aggrieved by such
determination 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 wetland is located.

3. Monies paid to the state under this section shall be used by the
commissioner for preservation of the tidal wetlands.