2006 New York Code - Local Freshwater Wetlands Protection Procedures.

 
  § 24-0501. Local freshwater wetlands protection procedures.
    1.  On  or  after  September 1, 1975, each local government may adopt,
  amend, and, upon the filing of the appropriate freshwater wetlands  map,
  implement   a   freshwater  wetlands  protection  law  or  ordinance  in
  accordance with this article to be applicable to all freshwater wetlands
  wholly or partially within  its  jurisdiction.  No  freshwater  wetlands
  protection law or ordinance adopted by a county pursuant to this section
  shall  be  applicable within the boundaries of any city, town or village
  which has adopted  and  is  implementing  a  local  freshwater  wetlands
  protection law or ordinance consistent with this article.
    2. Said freshwater wetlands protection law or ordinance may be in such
  form  and  with  such  procedures prescribed as may be determined by the
  local government adopting the same, or it may set forth  the  procedures
  and concepts contained in this article; provided, however, that no local
  freshwater  wetlands  protection  law  or  ordinance enacted pursuant to
  subdivision one hereof shall be less protective of  freshwater  wetlands
  or  effectiveness  of  administrative  and  judicial  review,  than  the
  procedures set forth in this  article,  nor  shall  such  local  law  or
  ordinance  affect the activities exempted from permit by section 24-0701
  of title seven hereof.
    3. Adoption by a local government, pursuant  to  this  article,  of  a
  local  freshwater  wetlands  protection law or ordinance by reference to
  the procedures and concepts set forth  herein  shall  be  sufficient  if
  reference  is  made  to the procedures and concepts of this article with
  exceptions,  additions,  and  modifications  thereto  noted;   and   the
  adoption,  once  effected, shall include subsequent statutory amendments
  to this article as aforesaid; subject, again, to exception, addition, or
  modification by such municipality, without time limitation. At any  time
  after  a  local  adoption of the procedures contained in this article, a
  local government subject  to  this  section  may  rescind  its  adoption
  thereof  and simultaneously adopt a local freshwater wetlands protection
  procedure in accordance with subdivisions one and two of this section.
    4. If a  city,  town  or  village  fails  to  adopt  and  implement  a
  freshwater  wetlands protection law or ordinance in accordance with this
  article by the date the applicable freshwater wetlands map is  filed  by
  the  department or by September 1, 1977, whichever is later, it shall be
  deemed to have transferred the function to the county in accordance with
  section 24-0503. If the county fails within ninety days after  the  date
  of  filing  of the applicable freshwater wetlands map or after September
  1, 1977, whichever  is  later,  to  adopt  and  implement  a  freshwater
  wetlands protection law or ordinance in accordance with this article, it
  shall  be  deemed  to  have  transferred the function to the department.
  Within  thirty  days  after  the  adoption  of  a  freshwater   wetlands
  protection  law  or  ordinance  pursuant  to  this  article,  the  local
  government shall notify the department thereof,  under  such  terms  and
  conditions  as the department may prescribe, together with its technical
  and administrative capacity to administer the act. Failure  of  a  local
  government  to  give such notice shall constitute a transfer of function
  pursuant to this subdivision and section 24-0503.
    5. A local government or the department shall have the right,  in  its
  regulation  of  freshwater  wetlands  within its jurisdiction, to charge
  such fees and expenses to an applicant  for  official  action  as  shall
  enable it to recover the costs incurred by reason of such application.
    6.  Any  local  government  which  defaults or transfers its authority
  pursuant to subdivision four of this section or section 24-0503 of  this
  article,  may  recover  such  authority  at any time by adopting a local
  freshwater wetland protection local law  or  ordinance  consistent  with
  this  article  and  notifying  the  county  and  the  department  of the
  adoption. Such notice shall be given by certified mail within  ten  days
  of  the  adoption  thereof. Such local law or ordinance shall not become
  effective in less than sixty nor more than one  hundred  days  from  the
  adoption thereof.
    7. The technical services of the department shall be made available to
  municipalities,  on  a fee basis, in the implementation of the procedure
  herein set forth.