2006 New York Code - Commissioner\'s Study

 
  § 24-0301. Commissioner's study.
    1.  The commissioner shall, as soon as practicable, conduct a study to
  identify and map those individual freshwater wetlands in  the  state  of
  New  York  which  shall  have an area of at least twelve and four-tenths
  acres or more, or if less than twelve and four-tenths acres,  (a)  have,
  in  the  discretion  of  the  commissioner, and subject to review of his
  action by the board created pursuant to title eleven  of  this  article,
  unusual  local  importance  for one or more of the specific benefits set
  forth in subdivision seven of section 24-0105 or (b) are located  within
  the  Adirondack  park  and  meet the definition of wetlands contained in
  subdivision  sixty-eight  of  section  eight  hundred  two  of   article
  twenty-seven   of   the   executive   law,  and  shall  determine  their
  characteristics. This study shall, in addition to such other data as the
  commissioner may determine to be included,  consist  of  the  freshwater
  wetlands  inventory  of  the  department  of environmental conservation,
  currently being made, together with other available data  on  freshwater
  wetlands,  whether  assisted  by  the  state of New York under the tidal
  wetlands act or otherwise, or assembled by federal or local governmental
  or private agencies, all of which information  shall  be  assembled  and
  integrated,  as  applicable,  into  a  map of freshwater wetlands of the
  state  of  New  York.  Such  study  may,  in  the  discretion   of   the
  commissioner,  be  carried  out  on  a  sectional  or regional basis, as
  indicated by need, subject  to  overall  completion  in  an  expeditious
  fashion  subject  to the terms of this chapter. This map, and any orders
  issued pursuant to the provisions of this article, shall comprise a part
  of the statewide environmental plan as provided for in section 3-0303 of
  this chapter. As soon as practicable 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 comments thereon.
    2.  Upon  completion  of  a   freshwater   wetlands   inventory,   the
  commissioner   shall   prepare   a  tentative  freshwater  wetlands  map
  delineating the boundaries of such wetlands as determined by  the  study
  and inventory conducted pursuant to subdivision one of this section. The
  map  may  be  prepared  for  different  sections or regions of the state
  separately, as the commissioner shall determine. The commissioner  shall
  consult and cooperate with the Adirondack park agency in the preparation
  of  a  tentative  freshwater  wetlands  map  for  any  area  within  the
  Adirondack park.
    3.  The  tentative  freshwater  wetlands  map  shall  set  forth   the
  boundaries  of  such  wetlands as accurately as is practicable to inform
  the owners thereof, the public and the  department  of  the  approximate
  location of the actual boundaries of the wetlands, subject to motion for
  delineation pursuant to this section, or more precise definition thereof
  in  the discretion of the commissioner. The commissioner shall take into
  consideration, whenever possible, the boundaries of the local government
  or governments within which the wetlands are located.
    4. Upon completion of the tentative  freshwater  wetlands  map  for  a
  particular  area,  the  commissioner  or  his designated hearing officer
  shall hold a  public  hearing  in  that  area  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 as shown on the latest completed tax assessment rolls,  of  lands
  designated  as  such wetlands as shown on said map and also to the chief
  administrative officer and clerk of each  local  government  within  the
  boundaries  of  which  any  such wetland or a portion thereof is located
  and, in the case of a tentative freshwater wetlands  map  for  any  area
  within  the Adirondack park, to the Adirondack park agency, by certified
  mail not less than thirty days prior to the date set  for  such  hearing
  and shall assure that a copy of the relevant map is available for public
  inspection  at  a  convenient  location  in  such  local government. 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  general
  circulation in the area where such wetlands are located.
    5. After considering the testimony given at such hearing and any other
  facts  which  may  be  deemed pertinent, after considering the rights of
  affected property owners and the ecological balance in  accordance  with
  the policy and purposes of this article, and, in the case of wetlands or
  portions  thereof  within the Adirondack park, after consulting with the
  Adirondack park agency, the commissioner shall promulgate by  order  the
  final  freshwater wetlands map. Such order shall not be promulgated less
  than sixty days from the date of the  hearing  required  by  subdivision
  four  hereof.  A  copy of the order, together with a copy of such map or
  relevant portion thereof shall be filed in the office of  the  clerk  of
  each local government in which each such wetland or a portion thereof is
  located  and,  in  the  case of a map for any area within the Adirondack
  park,  with  the  Adirondack  park  agency.   The   commissioner   shall
  simultaneously  give  notice  of  such  order to each owner of lands, as
  shown on the latest completed tax assessment rolls, designated  as  such
  wetlands by mailing a copy of such order to such owner by certified mail
  in  any  case  where a notice by certified mail was not sent pursuant to
  subdivision four hereof, and in all other cases by first class mail. The
  commissioner shall also give notice of such order at such  time  to  the
  chief  administrative  officer  of  each  local  government  within  the
  boundaries of which any such wetland or a portion thereof is located. At
  the time of filing with such clerk or  clerks,  the  commissioner  shall
  also  cause  a  copy  of  such  order  to  be  published in at least two
  newspapers having general circulation in the area  where  such  wetlands
  are located.
    6.  Except  as  provided  in  subdivision  eight  of this section, the
  commissioner shall supervise the  maintenance  of  such  boundary  maps,
  which shall be available to the public for inspection and examination at
  the  regional  office of the department in which the wetlands are wholly
  or partly located and in the office of the clerk of each county in which
  each such wetland or a portion thereof is located. The commissioner  may
  readjust  the  map thereafter to clarify the boundaries of the wetlands,
  to correct any errors on the map, to effect any additions, deletions  or
  technical changes on the map, and to reflect changes as have occurred as
  a  result of the granting of permits pursuant to section 24-0703 of this
  article, or natural changes which may  have  occurred  through  erosion,
  accretion,  or  otherwise. Notice of such readjustment shall be given in
  the same manner as set forth in subdivision five of this section for the
  promulgation of final freshwater wetlands maps.
    7. Except as provided  in  subdivision  eight  of  this  section,  the
  commissioner  may,  upon  his  own initiative, and shall, upon a written
  request by a landowner whose land or a portion thereof may  be  included
  within  a  wetland,  or  upon  the  written request of another person or
  persons or an official body whose interests are shown  to  be  affected,
  cause  to  be  delineated more precisely the boundary line or lines of a
  freshwater wetland or a portion thereof. Such more  precise  delineation
  of  a  freshwater wetland boundary line or lines shall be of appropriate
  scale and sufficient clarity  to  permit  the  ready  identification  of
  individual   buildings   and  of  other  major  man-made  structures  or
  facilities or significant geographical  features  with  respect  to  the
  boundary  of any freshwater wetland. The commissioner shall undertake to
  delineate the boundary  of  a  particular  wetland  or  wetlands,  or  a
  particular  part  of  the  boundary  thereof  only upon a showing by the
  applicant therefor of good cause for such more precise  delineation  and
  the establishment of such more precise line.
    8.  The  supervision of the maintenance of any freshwater wetlands map
  or portion thereof applicable to wetlands within  the  Adirondack  park,
  the  readjustment  and precise delineation of wetland boundary lines and
  the  other  functions  and  duties  ascribed  to  the  commissioner   by
  subdivisions  six  and  seven  of this section shall be performed by the
  Adirondack park agency, which shall make such maps available for  public
  inspection and examination at its headquarters.