ADIRONDACK PARK AGENCY REPORTER
Susan Allen, Publisher and Editor
P. O. Box 718  
Keene Valley, New York 12943
Telephone: (518) 576-9861     E-Mail: APAReport@aol.com


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New York State Consolidated Laws

ENVIRONMENTAL CONSERVATION
Article 24
Title 8
Regulation of Freshwater Wetlands in the Adirondack Park

( NOTE: FOR GENERAL INFORMATIONAL PURPOSES ONLY !!! )

Section 24-0801. Permits for wetlands in the Adirondack park.
Section 24-0803. Transfer of jurisdiction to local government.
Section 24-0805. Land use regulations for freshwater wetlands in the Adirondack park.

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Section 24-0801. Permits for wetlands in the Adirondack park.
    1. As used in this title, the term "freshwater wetlands", in addition to its meaning under section 24-0107 of this article, shall mean "wetlands" as defined in subdivision sixty-eight of section eight hundred two of article twenty-seven of the executive law.
    2. Where the activities otherwise subject to regulation under this article involve freshwater wetlands located within the boundaries of the Adirondack park, the inquiries referred to and the applications provided for in section 24-0703 of this article shall be made to and filed with the Adirondack park agency at its headquarters office, under such regulations and procedures as the Adirondack park agency may promulgate. The Adirondack park agency shall review the application in place of the commissioner or local government as provided in section 24-0705 of this article, having due regard for the declaration of policy and statement of findings set forth in this article and for the considerations set forth in subdivision one of section 24-0705 of this article. The agency shall in addition determine prior to the granting of any permit that the proposed activity will be consistent with the Adirondack park land use and development plan and would not have an undue adverse impact upon the   natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the park, taking into account the economic and social or other benefits to be derived from the activity.  Any person may seek review of a ruling made solely pursuant to the provisions of this article by the Adirondack park agency pursuant to the provisions of title eleven of this article or article seventy-eight of the civil practice law and rules.

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Section 24-0803. Transfer of jurisdiction to local government.
    1. Notwithstanding anything in article twenty-seven of the executive law to the contrary, the Adirondack park agency may transfer to a town or village any or all of its jurisdiction over regulated activities conducted upon, or land use and development or subdivision involving, those wetlands located on private lands which it finds, due to their size or other characteristics, are of lesser regional importance and are appropriately to be administered by such local governments alone.
    2. The agency shall not transfer such jurisdiction unless the town or village (a) has adopted and implemented a local freshwater wetlands protection law or ordinance or has in a local land use program provided by local law or ordinance for the protection of such wetlands, which law or ordinance: (i) meets the criteria set forth in subdivision two of section 24-0501 of this article, (ii) provides for a review of regulated activities, land use and development and subdivision pursuant to the standards set forth in subdivision two of section 24-0801 of this article, and (iii) contains at a minimum land use regulations meeting the criteria of subdivision one of section 24-0903 of this article; and (b) possesses the technical or administrative capacity to administer the local law or ordinance.
    3. In connection with a transfer of its jurisdiction pursuant to this section, the agency may impose reasonable conditions in furtherance of the policies and purposes of this article and of article twenty-seven of the executive law.
    4. A local government regulating wetlands pursuant to this section shall have the right to charge such fees and expenses to an applicant for official action as shall enable it to recover the costs incurred by reason of such application.
    5. The technical services of the department or the agency shall be made available to towns and villages, on a fee basis, in the implementation of the procedures set forth in this section.

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Section 24-0805. Land use regulations for freshwater wetlands in the Adirondack park.
   
Except as to wetlands upon private lands within local governments to which jurisdiction has been transferred pursuant to section 24-0803 of this article, the Adirondack park agency shall also exercise the functions assigned to the commissioner under section 24-0903 of this article.


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ENVIRONMENTAL CONSERVATION LAW
Article 24
Title 1
Section 24-0107. Definitions. 
1.  "Freshwater wetlands" means lands and waters of the state as shown on the freshwater wetlands map which contain any or all of the following: (a) lands and submerged lands commonly called marshes, swamps, sloughs, bogs, and flats supporting aquatic or semi-aquatic vegetation of the following types: (1) wetland trees, which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees; including, among others, red maple  (Acer rubrum), willows  (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), black ash  (Fraxinus nigra), silver maple (Acer saccharinum), American elm (Ulmus americana), and Larch (Larix laricina); (2) wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs; including, among others, alder (Alnus spp.), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), dogwoods (Cornus spp.), and leatherleaf  (Chamaedaphne calyculata); (3) emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes  (Scirpus spp.), arrow arum  (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis), wildrice   (Zizania acquatica), bur-reeds (Sparganium   spp.), purple loosetrife  (Lythrum salicaria), swamp loosestrife  (Decodon verticillatus); and water plantain (Alisma plantago-aquatica);   (4) rooted, floating-leaved vegetation; including, among others, water-lily (Nymphaea odorata), water shield (Brasenia schreberi), and spatterdock (Nuphar spp.); (5) free-floating vegetation; including, among others, duckweed (Lemna spp.), big duckweed  (Spirodela polyrhiza), and watermeal (Wolffia spp.); (6) wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over other open land vegetation; including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut-grass   (Leersia   oryzoides),   reed   canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus), and spikerush (Eleocharis spp.); (7) bog mat vegetation; including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary  (Andromeda  glaucophylla),  leatherleaf (Chamaedaphne  calyculata),  pitcher  plant (Sarracenia purpurea), and cranberries (Vaccinium macrocarpon and V. oxycoccos); (8)  submergent  vegetation;  including,  among  others,   pondweeds (Potamogeton  spp.),  naiads  (Najas  spp.), bladderworts (Utricularia spp.), wild celery (Vallisneria  americana),  coontail  (Ceratophyllum demersum), water milfoils (Myriophyllum spp.), muskgrass (Chara spp.), stonewort  (Nitella  spp.), water weeds  (Elodea  spp.),  and  water smartweed (Polygonum amphibium); (b) lands and submerged lands containing remnants of any vegetation that  is  not  aquatic  or  semi-aquatic  that has died because of wet conditions over a sufficiently long period,  provided  that  such  wet conditions  do  not  exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected  to  persist indefinitely, barring human intervention; (c) lands and waters substantially enclosed by aquatic or semi-aquatic vegetation as set forth  in  paragraph  (a) or by dead vegetation as set forth in paragraph (b), the regulation of which is necessary to protect and preserve the aquatic and semi-aquatic vegetation; and (d) the waters overlying the areas set forth in (a) and (b) and the
lands underlying (c).


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