2006 New York Code - Transfer Of Function To County; Supersession By Department.

 
  § 24-0503. Transfer of function to county; supersession by department.
    1.  In the event that a town, village, city or county shall certify in
  writing, as hereinafter provided, that it does not possess the technical
  capacity or the procedures effectively to carry out the requirements  of
  this  title,  such  local function shall be transferred to the county or
  the department, as the case may  be.  The  certification  of  the  town,
  village  or  city  shall  be  by  certified  mail to the chief executive
  officer of the county, or, in the case of a county, to the commissioner.
    2. In the  event  that  the  commissioner  shall  find  that  a  local
  government  does  not  possess the technical capacity or the implemented
  procedures effectively to carry out the requirements of this title,  and
  that  his  failure  to  act will entail a default, or the potential of a
  default,  in  freshwater  wetlands  regulation,  the  commissioner   may
  supersede the local government and order, alternatively, either that the
  local  function  be  transferred  to  the county, or that the department
  itself undertake the local function, all  to  the  extent  necessary  to
  carry  out  the  purposes of this article. The supersession of the local
  government, shall be by order of the  commissioner  sent,  by  certified
  mail, to the chief executive officer of the local government involved.
    3.  In  the event of transfer or supersession under subdivision one or
  two of this section, subsequent proceedings shall be in accordance  with
  the further requirements of this article.