Current through Register Vol. 46, No. 39, September 25, 2024
(a) Upon
assumption of local regulatory authority and the filing of applicable official
maps by the department, a local government must regulate all regulated
activities not otherwise specifically exempted under section 24-0701 of the act
that are to be conducted on Class II-IV wetlands or adjacent areas within its
jurisdiction and on Class I wetlands where authority has been delegated by the
department.
(b) A local government,
in establishing procedures for the receipt and processing of permit
applications, must comply with the requirements set out in section 24-0703 of
the act:
(1) Any person proposing to conduct
or cause to be conducted a regulated activity upon any freshwater wetland must
file an application for a permit, or request in writing a letter of permission,
when appropriate, with the clerk of the local government having regulatory
authority. The local government will review the application or request in
accordance with the act, this Part, and all other applicable laws and rules.
Such application or request must include a detailed description of the proposed
activity and a map showing the area of freshwater wetland directly affected,
with the location of the proposed activity thereon. The clerk will cause notice
of such application to be mailed to all local governments where the proposed
activity or any part of it is located.
(2) No sooner than 30 days and not later than
60 days after the receipt by a local government of an application, and after
notice of application has been published by the applicant in two newspapers
having a general circulation in the area, the local government will hold a
public hearing on such application at a suitable location in the local
government where the affected wetland is situated unless no notice of objection
has been filed and the local government finds the activity to be of such a
minor nature as not to affect or endanger the balance of systems within the
wetlands, and has been determined to be compatible pursuant to section
665.7
of this Part, in which case the local government may, in the exercise of
discretion, dispense with such hearing. Where the local government finds that a
hearing is not necessary, a decision setting forth reasons therefor shall be
prepared, shall be a matter of public record and shall be mailed to all local
governments where the proposed work or any part of it is located, and to all
persons who filed a statement with the local government following the
publication of such notice of application. All owners of record of the adjacent
land and the local governments where the proposed activity is located shall be
notified by certified mail of the hearing not less than 15 days prior to the
date set for such hearing. The local government shall cause notice of such
hearing to be published in two newspapers having a general circulation in the
area where the affected freshwater wetlands are located. All applications and
maps and documents relating thereto shall be open to public inspection at the
office of the clerk of the local government in which the wetland is situated.
At such hearing any person or persons filing a request for a hearing or a
timely notice of appearance may appear and be heard.
(3) The applicant shall have the burden of
demonstrating that the proposed activity will be in accord with the policies
and provisions of the act and this Part. To the greatest extent practicable,
such hearing shall be incorporated with any public hearing required by the
Town, Village, General City, General Municipal or Environmental Conservation
Law in connection with approvals or permits otherwise required before
commencement of regulated activities on lands containing such
wetlands.
(c) Where a
local government is the regulatory authority for a wetland and its adjacent
area associated with a major international or interstate river or lake, it must
consult with the department before taking any regulatory action pursuant to the
act concerning that wetland or its adjacent area. Those rivers and lakes are
the Hudson, Delaware, Susquehanna, Niagara and St. Lawrence Rivers and Lakes
Erie, Ontario and Champlain, and are considered to extend in tributaries to the
first barrier impassable to fish or the first bridge, whichever is further
downstream. A wetland is associated with such a river or lake when it is
contiguous to the body of water or, if separated, the separation is only a
narrow strip of land, such as a barrier beach or railroad bed.
(d) Where a local government or other
political subdivision of the State is the applicant for a permit pursuant to
the act, the department shall serve as the regulatory authority. A local
government may not process its own application or that of another local
government or political subdivision of the State.
(e) Where a regulated wetland lies within two
or more jurisdictions, whether that be two or more local governments or the
department and local government(s):
(1) the
agency receiving the permit application must immediately provide copies to the
other entities sharing jurisdiction;
(2) the agency within whose jurisdiction the
proposed activity will occur will process the application in consultation with
the other entities in order to achieve a mutually satisfactory determination;
and
(3) disagreements over the
proposed determination may be arbitrated by the department pursuant to the
policies and standards of the act and this Part.
(f) A person who has obtained an interim
permit from the department pursuant to Part 662 of this Title prior to the date
a local government assumes regulatory authority is not required to obtain an
additional permit. The commissioner must forward to the local government a copy
of the interim permit. If an application for an interim permit has been
submitted to the department and a decision has not been made at the time a
local government assumes regulatory authority, the department retains
regulatory authority over that application. The commissioner must consult with
the local government prior to making a decision on the application.
