2006 New York Code - Land Use Regulations For Freshwater Wetlands.

 
  § 24-0903. Land use regulations for freshwater wetlands.
    1.  Upon completion of the freshwater wetlands map of the state, or of
  any selected section or region thereof, the commissioner  shall  proceed
  to classify freshwater wetlands so designated thereon according to their
  most  appropriate  uses,  in  light  of  the values set forth in section
  24-0105 of this article and the present conditions of such wetlands. The
  commissioner shall  determine  what  uses  of  such  wetlands  are  most
  compatible  with  the  foregoing  and  shall  prepare  minimum  land use
  regulations to permit only such compatible uses. The classifications may
  cover freshwater wetlands in more  than  one  governmental  subdivision.
  Permits pursuant to section 24-0701 of this article are required whether
  or not a classification has been promulgated.
    2.  The  commissioner  shall  upon  completion  of  minimum  land  use
  regulations as provided in subdivision one of this section, forward  the
  same  to  the  local  governments affected thereby. Within six months of
  receipt of the minimum land use regulations,  the  legislative  body  of
  each  such  local  government  shall submit to the commissioner proposed
  regulations governing the freshwater  wetlands  within  its  boundaries.
  Such  proposed regulations shall be consistent with the purposes of this
  article  and  may  be  more  restrictive  than  the  minimum  land   use
  regulations  as determined by the commissioner under this article. Where
  the proposed local wetlands use regulations do not meet the minimum land
  use regulations as determined by the commissioner,  the  proposed  local
  regulations  shall be accompanied by supporting materials setting forth,
  among other things,  that  there  are  overriding  economic  and  social
  considerations  vital  to  the  growth  and  economic base of such local
  government that clearly require such variance.
    3. If the commissioner finds that the proposals  meet  the  conditions
  stated  in  subdivision  two  of  this  section, the commissioner, after
  taking into consideration their effect on other local  governments,  may
  approve said local land use regulations.
    4.  In  the  event  the commissioner does not approve local freshwater
  wetlands land use regulations, he shall then frame land use  regulations
  governing such freshwater wetlands.
    5.  Prior  to  the  adoption  of  any  land  use regulations governing
  freshwater wetlands,  the  commissioner  shall  hold  a  public  hearing
  thereon  in  the  area  in  which  the  affected freshwater wetlands are
  located, and give fifteen days prior notice thereof  by  publication  at
  least  once in a newspaper having general circulation in the area of the
  local  government  involved.  The  commissioner  shall  promulgate   the
  regulations within thirty days of such hearing and publish such order at
  least  once in a newspaper having general circulation in the area of the
  local government affected  and  make  such  plan  available  for  public
  inspection  and  review;  such  order shall not take effect until thirty
  days after the filing thereof with the clerk of the county in which such
  wetland is located.
    6. The commissioner shall accept and review applications to change the
  regulations annually.
    7. Any person aggrieved by any  such  order  or  regulation  may  seek
  review  pursuant  to  the  provisions of title eleven of this article or
  judicial review pursuant to article seventy-eight of the civil  practice
  law  and  rules  in  the  supreme  court  for  the  county  in which the
  freshwater wetland is located, within thirty days after the date of  the
  filing of the order with the clerk of the county in which the wetland is
  located.
    8. Except as provided in section 24-0805 of this article, this section
  shall  not  apply  to  freshwater  wetlands  or portions thereof located
  within the Adirondack park.