N.Y. ENV. LAW § 25-0201 : NY Code - Section 25-0201: Inventory of tidal wetlands

Search N.Y. ENV. LAW § 25-0201 : NY Code - Section 25-0201: Inventory of tidal wetlands

1.  The commissioner shall as soon as practicable make an inventory of
  all tidal wetlands in the state of New York.  This  inventory,  and  any
  restrictive orders issued pursuant to section 25-0302 of this act, shall
  comprise  a  part of the statewide environmental plan as provided for in
  section 3-0303 of the environmental conservation law.
    2. The inventory shall set forth the boundaries of such wetlands using
  such photographic and  cartographic  standards  and  techniques  as  the
  commissioner  may  deem  reasonable  and appropriate in order to provide
  clear and accurate maps of the tidal  wetlands  of  the  state  for  the
  purpose  of  effectuating the policies and provisions of this act.  Said
  boundaries shall generally delineate all tidal wetlands in the state  as
  defined in section 25-0101 of this act. At least sixty days prior to the
  commencement  of  the  inventory  the  commissioner  shall file with the
  secretary of state a detailed description of the technical  methods  and
  requirements  to  be  utilized  in compiling the inventory, and he shall
  afford the public an opportunity to submit written comments thereon.
    3. Upon completion of a tentative tidal wetlands boundary  map  for  a
  particular  area,  the  commissioner  or  his designated hearing officer
  shall hold a public hearing in order to afford an  opportunity  for  any
  person to propose additions or deletions from such map. The commissioner
  shall  give  notice of such hearing to each owner of record of all lands
  designated as such wetland as shown on such maps, and also to the  chief
  administrative  officer  of  each municipality within whose boundary any
  such wetland or portion thereof is located, by  certified  mail,  return
  receipt  requested,  not less than thirty 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 thirty days nor fewer than
  ten days before  the  date  set  for  such  hearing,  in  at  least  two
  newspapers  having a general circulation in the area where such wetlands
  are located.
    4. After considering the testimony given at such hearing and any other
  facts which may be deemed pertinent and after considering the rights  of
  affected  property  owners  and the policy and purposes of this act, the
  commissioner shall establish by order the  final  bounds  of  each  such
  wetland.  A copy of the order, together with a copy of the map depicting
  such final boundary lines, shall be filed in the office of the clerk  of
  the county in which each such wetland is located. The commissioner shall
  simultaneously  give  notice  of  such  order to each owner of all lands
  designated as such wetlands by mailing a copy  of  such  order  to  such
  owner.  The  commissioner  shall also simultaneously give notice of such
  order by certified mail to the  chief  administrative  officer  of  each
  municipality  within  whose boundary any such wetland or portion thereof
  is located. The commissioner shall also cause a copy of such order to be
  published in at least two newspapers having a general circulation in the
  area where such wetlands are located.
    5. Any person  aggrieved  by  such  order  may  seek  judicial  review
  pursuant to article seventy-eight of the civil practice law and rules in
  the  supreme  court  for  the  county  in  which  the tidal wetlands are
  located, within thirty days after the date of the filing  of  the  order
  with the clerk of the county in which such wetlands are located.
    6.  The  commissioner shall supervise the maintenance of such boundary
  maps, which  shall  be  available  to  the  public  for  inspection  and
  examination.  The  statewide  inventory shall be readjusted from time to
  time as may be  necessary  to  reflect  such  natural  changes  as  have
  occurred  through  erosion, accretion, and otherwise and also to reflect
  such other changes as have occurred as  a  result  of  the  granting  of
  permits pursuant to section 25-0403 of this act.