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 665 - Local Government Implementation Of The Freshwater Wetlands Act And Statewide Minimum Land-use Regulations For Freshwater Wetlands
Section 665.3 - Applicability

(a) This Part provides the framework for local government administration of a freshwater wetlands regulatory protection program in those areas of the State where the commissioner has promulgated an official map and a local government, rather than the department, is the regulatory authority.

(b) Permit applications must be filed with and processed by the department in accordance with the department's freshwater wetlands permit regulations (Part 663 of this Title) for those areas of the State where the commissioner has promulgated an official map and:

(c) For those areas of the State where the commissioner has not promulgated an official map, permit applications must be filed with and processed by the department in accordance with the department's interim freshwater wetlands permit regulations (Part 662 of this Title).

(d) A local government, upon the implementation of a local freshwater wetlands protection program pursuant to title 5 of the act and this Part, becomes the regulatory authority for all freshwater wetlands wholly or partially within its jurisdiction, except for wetlands and their adjacent areas exempted from local implementation in accordance with section 24-0505 of the act. These wetlands will be shown on the official map and will be Class I wetlands as described in the department's freshwater wetlands maps and classification regulations (Part 664 of this Title).

(e) If the department reclassifies a wetland under local jurisdiction to Class I, the local government retains jurisdiction for any permit application received prior to the reclassification and must apply the Class I standards of this Part.

(f) Notwithstanding the exemption of Class I wetlands from local implementation described in subdivision (d) of this section, the commissioner may delegate the department's regulatory authority for those wetlands to a local government pursuant to paragraph 3-0301.2(p) of the Environmental Conservation Law and in accordance with section 665.9 of this Part.

(g) This Part and the act do not apply to land uses, improvements or developments for which final approval was adopted prior to September 1, 1975, from the local governmental authority or authorities having jurisdiction over such land use. However, expansion or significant modification of the existing use, or the introduction of sewage effluent, runoff of pesticides, or disposal of toxic substances into wetlands or adjacent areas are regulated activities under this Part. The term final approval is defined in section 24-1305 of the Act. A local government's chief legal officer may issue an opinion to a person wishing to rely on such final approval so long as the opinion is consistent with the act and general law.

(h) This Part is not applicable to wetlands or portions of wetlands within the Adirondack Park. Those wetlands or portions of wetlands are regulated by the Adirondack Park Agency and Adirondack Park local governments, pursuant to title 8 of the act.

(i) No provision of this Part shall be deemed to remove from local government any authority pertaining to the regulation of freshwater wetlands under the County, City, General Municipal, Municipal Home Rule, Town, Village or any other Law.