New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 661 - Tidal Wetlands-land Use Regulations
Section 661.15 - Inventory map - maintenance and amendments

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 661.15

Current through Register Vol. 46, No. 39, September 25, 2024

(a) The commissioner shall supervise the maintenance of each inventory map, and all such maps shall be available at the appropriate regional office of the department for public inspection and examination.

(b) Upon request of any person or upon his own intiative, the commissioner may amend any inventory map or maps under the following circumstances and in the following manner:

(1) after public hearing, any amendment to add a new tidal wetland to an inventory map, to significantly expand or detract from the boundaries of a tidal wetland shown on such map, to delete a wetland from such map or to alter the classification of a wetland shown on such map as may be necessary to conform such maps to actual onsite conditions; or

(2) notwithstanding paragraph (1) of this subdivision, any amendment as may be necessary to reflect such natural changes as have occurred since the effective date of the inventory map, as originally established or as amended, through erosion, accretion or otherwise or to reflect such other changes as have occurred since such effective date as a result of granting permits under this Part; any amendment to clarify the boundaries of any tidal wetland shown on an inventory map, to correct any minor errors on the map or to affect other technical changes on the map; or any amendment to effect minor changes pursuant to section 661.16 of this Part, without a public hearing unless the commissioner determines that a public hearing is appropriate.

(c) Any public hearing held pursuant to subdivision (b) of this section shall provide any person an opportunity to support, oppose or make a statement of interest in the proposed amendment of an inventory map and shall be held in the following manner:

(1) The department shall prepare a proposed amended inventory map for each area in which the commissioner is considering amending an inventory map. Such map shall be made available for public inspection at the appropriate regional offices of the department at the time the hearing notice provided for in paragraph (2) of this subdivision is given.

(2) The commissioner shall give notice of such hearing to each owner of record of all lands designated on the proposed amended inventory map as a new tidal wetland which may be added or a tidal wetland whose boundaries may be amended and also to the chief administrative officer, or his designee, of each municipality within whose boundary any such wetland or portion thereof is located, by mail not less than 30 days prior to the date set for such hearing. The commissioner shall also cause notice of such hearing to be published at least once, not more than 30 days nor fewer than 10 days before the date set for such hearing, in at least two newspapers having a general circulation in the area where such wetland is located.

(d) After considering any facts which may be deemed pertinent and the testimony given at the public hearing, if a hearing is held, and after considering the rights of affected property owners and the policy and purposes of the act, the commissioner shall establish by order the final bounds of each tidal wetland that will be added or whose boundary will be amended on an inventory map. A copy of the order, together with a copy of the inventory map depicting such final boundary lines, shall be filed in the office of the clerk of the county in which is located all or any portion of such wetland. The commissioner shall simultaneously give notice of such order to each owner of all lands designated in the order as a tidal wetland which has been added or whose boundary has been amended by mailing a copy of such order to such owner. The commissioner shall also simultaneously give notice of such order by mail to the chief administrative officer, or his designee, of each municipality within whose boundary any such wetland or portion thereof is located. The commissioner shall also cause a notice of such order to be published in at least two newspapers having a general circulation in the area where any such wetland is located.

(e) All actions taken pursuant to this section shall conform to the requirements of section 202 of the State Administrative Procedure Act.

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