2006 New York Code - Moratorium On Alteration Of Tidal Wetlands

 
  § 25-0202. Moratorium on alteration of tidal wetlands.
    1. No person shall alter the state of any tidal wetland or of any area
  immediately  adjacent to such wetland as the commissioner may reasonably
  deem necessary to preserve in  order  to  effectuate  the  policies  and
  provisions  of  this  act,  prior  to the effective date of the land-use
  regulations adopted by the commissioner pursuant to this act,  unless  a
  permit  for such alteration shall have been obtained pursuant to section
  15-0505 of the environmental conservation law. This moratorium shall not
  restrict in any way any summary action taken by the  commissioner  under
  section 71-0301 of the environmental conservation law.
    2.  Any person, upon a showing of hardships caused by this moratorium,
  may petition the commissioner for a review of  the  application  of  the
  moratorium  to  any  tidal  wetland  or  any  area  immediately adjacent
  thereto.  Within  thirty  days  of  the  petition  being  received,  the
  commissioner  shall  provide  the  petitioner  and  any  other person an
  opportunity to be heard. Notice of such hearing shall be published in at
  least two newspapers having a general circulation in the area where  the
  wetlands  are located, and notice of such hearing shall also be given by
  registered mail to the chief administrative officer of each municipality
  within whose boundary any such wetland or portion thereof is located. If
  the proposed alterations of the tidal wetlands are not contrary  to  the
  policy  or  any  provision  of this act, the commissioner may permit the
  alteration to continue during the moratorium, provided  that  permission
  may  be  revoked  by the commissioner if its terms are violated and that
  the permission ends upon completion of the inventory  for  the  area  in
  which  the  affected wetlands are located, and provided further that any
  such hardship permit issued by the commissioner shall be in addition to,
  and not in lieu of, such permit or permits as may  be  required  by  any
  municipality  within  whose  boundary such wetland or portion thereof is
  located.
    3. Within thirty days  after  such  permission  has  been  granted  or
  denied,  any  aggrieved person may seek judicial review of such decision
  pursuant to article seventy-eight of the civil practice law and rules in
  the supreme court for the county in which such wetlands are situated.