2006 New York Code - Exemption From Local Implementation.

 
  § 24-0505. Exemption from local implementation.
    The  commissioner, by rule, may exempt from local implementation under
  this title those freshwater wetlands which, by reason of their  size  or
  special  characteristics  of  unique environmental value or by reason of
  common characteristics, are appropriately to be administered pursuant to
  this article by the department alone. Such rule, based upon findings  of
  fact  made after public hearing, may relate to classes of wetlands based
  on size or particular characteristics, or  to  particular  wetlands  the
  characteristics  of  which  make  them  subject  to  the exercise of the
  commissioner's discretion pursuant to  this  section.  The  commissioner
  shall  make  an  order  to  such effect in each such instance and send a
  certified copy thereof to the executive officer of each local government
  affected thereby within ten days of his signing  the  same;  such  order
  shall not take effect until forty days after such signing.