2006 New York Code - Definitions

 
  § 24-0107. Definitions.
    1.  "Freshwater wetlands" means lands and waters of the state as shown
  on the  freshwater  wetlands  map  which  contain  any  or  all  of  the
  following:
    (a)  lands  and  submerged  lands  commonly  called  marshes,  swamps,
  sloughs, bogs, and flats supporting aquatic or  semi-aquatic  vegetation
  of the following types:
    (1) wetland trees, which depend upon seasonal or permanent flooding or
  sufficiently  water-logged  soils  to  give them a competitive advantage
  over other trees; including, among  others,  red  maple  (Acer  rubrum),
  willows  (Salix  spp.),  black  spruce  (Picea mariana); swamp white oak
  (Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash (Fraxinus
  nigra), silver maple (Acer saccharinum), American elm (Ulmus americana),
  and Larch (Larix laricina);
    (2) wetland shrubs, which depend upon seasonal or  permanent  flooding
  or  sufficiently water-logged soils to give them a competitive advantage
  over  other  shrubs;  including,  among  others,  alder  (Alnus   spp.),
  buttonbush   (Cephalanthus   occidentalis),   bog   rosemary  (Andromeda
  glaucophylla), dogwoods (Cornus  spp.),  and  leatherleaf  (Chamaedaphne
  calyculata);
    (3)  emergent  vegetation,  including,  among  others, cattails (Typha
  spp.), pickerelweed  (Pontederia  cordata),  bulrushes  (Scirpus  spp.),
  arrow  arum  (Peltandra  virginica),  arrowheads (Sagittaria spp.), reed
  (Phragmites   communis),   wildrice   (Zizania   aquatica),    bur-reeds
  (Sparganium   spp.),   purple   loosetrife  (Lythrum  salicaria),  swamp
  loosestrife  (Decodon  verticillatus);  and   water   plantain   (Alisma
  plantago-aquatica);
    (4)  rooted,  floating-leaved  vegetation;  including,  among  others,
  water-lily (Nymphaea odorata), water shield  (Brasenia  schreberi),  and
  spatterdock (Nuphar spp.);
    (5) free-floating vegetation; including, among others, duckweed (Lemna
  spp.), big duckweed (Spirodela polyrhiza), and watermeal (Wolffia spp.);
    (6)  wet  meadow  vegetation, which depends upon seasonal or permanent
  flooding or sufficiently water-logged soils to  give  it  a  competitive
  advantage  over  other  open  land  vegetation; including, among others,
  sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha  spp.),  rice
  cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea),
  swamp  loosestrife  (Decodon  verticillatus),  and spikerush (Eleocharis
  spp.);
    (7) bog mat  vegetation;  including,  among  others,  sphagnum  mosses
  (Sphagnum  spp.),  bog  rosemary  (Andromeda  glaucophylla), leatherleaf
  (Chamaedaphne calyculata),  pitcher  plant  (Sarracenia  purpurea),  and
  cranberries (Vaccinium macrocarpon and V. oxycoccos);
    (8)   submergent   vegetation;   including,  among  others,  pondweeds
  (Potamogeton  spp.),  naiads  (Najas  spp.),  bladderworts  (Utricularia
  spp.),  wild  celery  (Vallisneria  americana),  coontail (Ceratophyllum
  demersum), water milfoils (Myriophyllum spp.), muskgrass  (Chara  spp.),
  stonewort (Nitella spp.), water weeds (Elodea spp.), and water smartweed
  (Polygonum amphibium);
    (b)  lands  and  submerged lands containing remnants of any vegetation
  that is not aquatic  or  semi-aquatic  that  has  died  because  of  wet
  conditions  over  a  sufficiently  long  period,  provided that such wet
  conditions do not exceed a maximum seasonal water depth of six feet  and
  provided  further  that  such  conditions  can  be  expected  to persist
  indefinitely, barring human intervention;
    (c) lands and waters substantially enclosed by aquatic or semi-aquatic
  vegetation as set forth in paragraph (a) or by dead  vegetation  as  set
  forth  in paragraph (b), the regulation of which is necessary to protect
  and preserve the aquatic and semi-aquatic vegetation; and
    (d)  the  waters  overlying the areas set forth in (a) and (b) and the
  lands underlying (c).
    2. "Freshwater wetlands map" shall  mean  a  map  promulgated  by  the
  department  pursuant  to  section  24-0301  of this article on which are
  indicated the boundaries of any freshwater wetlands.
    3. "Boundaries of a freshwater wetland" shall mean the outer limit  of
  the vegetation specified in paragraphs (a) and (b) of subdivision one of
  section  24-0107  and of the lands and waters specified in paragraph (c)
  of such subdivision.
    4. "Local government" shall mean a village, town, city, or county.
    5. "State agency" shall mean any state department, bureau, commission,
  board or other agency, public authority or public benefit corporation.
    6. "Person" means any  corporation,  firm,  partnership,  association,
  trust,  estate,  one  or more individuals, and any unit of government or
  agency or subdivision thereof, including the state.
    7. "Board" shall mean the freshwater wetland appeals board.
    8.  "Pollution"  shall  mean  the  presence  in  the  environment   of
  man-induced  conditions or contaminants in quantities or characteristics
  which are or may be injurious to human,  plant  or  wildlife,  or  other
  animal life or to property.