N.Y. Comp. Codes R. & Regs. tit. 9 § 582.8

Current through Register Vol. 46, No. 50, December 11, 2024

Section 582.8 - Transfer to local governments of jurisdiction over certain freshwater wetlands

(a) Any town or village which has, in a local land use program or otherwise, adopted and implemented a local freshwater wetlands protection law or ordinance may apply to the agency for approval of such law or ordinance and transfer to it of agency jurisdiction over freshwater wetlands as described in this section.

(b) The agency shall approve a local wetlands protection law or ordinance which:

(1) meets the criteria of section 24-0803(2) of the Freshwater Wetlands Act;

(2) contains a classification of wetlands within the municipality according to the values of particular types of wetlands. Agency staff may consult with and give technical assistance to local governments preparing such classifications.

(c) Upon approval of a local freshwater wetlands protection law or ordinance, the agency shall approve or modify the classification system, and may transfer any or all of its jurisdiction over regulated activities conducted upon, or land use and development or subdivision involving, those wetlands located upon private lands which are of lesser regional importance, and are appropriately to be administered by the local government.

(d) In classifying wetlands pursuant to an application to transfer jurisdiction to local government pursuant to this section, or in preparing or reviewing minimum land use regulations for freshwater wetlands pursuant to section 24- 0903 of the Freshwater Wetlands Act, the agency may, after public hearing, determine to regulate adjacent areas to such distances greater than 100 feet from the boundaries of certain wetlands as are necessary to protect and preserve such wetlands. A list of wetlands for which a greater adjacent area is regulated shall be filed as an appendix to these regulations.

(e) The public hearing referred to in subdivision (d) of this section shall be held in the town or village in which the affected wetlands are located on not less than 15 days notice by certified mail to the persons named in section 578.12(b) of these regulations and to the owners of the affected adjacent areas, as shown on the latest completed tax assessment rolls, and by publishing a copy of the notice at least 15 days in advance in a newspaper of general circulation in the area.

(f) A copy of any order issued by the agency pursuant to subdivision (d) of this section and a map of the wetland and affected areas shall be mailed to the persons named in subdivision (e) of this section and published in the newspaper referred to therein.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 582.8