25-0405 – Payments for Extractions From or Filling in Wetlands.
§ 25-0405. Payments for extractions from or filling in wetlands. 1. Any applicant for a permit to dredge, excavate, or remove soil, mud, sand, shells, gravel or other aggregate from any publicly-owned tidal wetland shall be required to pay to the public owner thereof such amount, which shall not be nominal, as the office of […]
25-0601 – Severability.
§ 25-0601. Severability. The provisions of this act shall be severable, and if any clause, sentence, paragraph, subdivision or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the […]
25-0202 – Moratorium on Alteration of Tidal Wetlands.
§ 25-0202. Moratorium on alteration of tidal wetlands. 1. No person shall alter the state of any tidal wetland or of any area immediately adjacent to such wetland as the commissioner may reasonably deem necessary to preserve in order to effectuate the policies and provisions of this act, prior to the effective date of the […]
25-0301 – Program and Cooperative Agreements for the Protection of Tidal Wetlands.
§ 25-0301. Program and cooperative agreements for the protection of tidal wetlands. 1. Upon completion of the inventory with respect to tidal wetlands, the commissioner shall confer with the local government officials involved to establish a program for the protection of such tidal wetlands. 2. The commissioner may enter into cooperative agreements with any village, […]
25-0302 – Land-Use Regulation of Tidal Wetlands.
§ 25-0302. Land-use regulation of tidal wetlands. 1. Upon completion of the inventory the commissioner shall adopt land-use regulations governing the uses of said inventoried wetlands. In preparing such regulations the commissioner shall be guided by factors including, but not limited to, the public policy set forth in this act as well as the present […]
25-0401 – Regulated Activities.
§ 25-0401. Regulated activities. 1. After completion of the inventory prescribed in title 2 of this article with respect to any tidal wetland, no person may conduct any of the activities set forth in subdivision 2 of this section unless he has obtained a permit from the commissioner to do so. The permit issued by […]
25-0402 – Application for Permits.
§ 25-0402. Application for permits. 1. Any person proposing to conduct or cause to be conducted an activity regulated under this act upon any inventoried tidal wetland shall file an application for a permit with the commissioner, in such form and containing such information as the commissioner may prescribe. The applicant shall have the burden […]
25-0403 – Granting of Permits.
§ 25-0403. Granting of permits. 1. In granting, denying or limiting any permit under this act, the commissioner shall consider the compatibility of the proposed activity with reference to the public health and welfare, marine fisheries, shellfisheries, wildlife, flood and hurricane and storm dangers, and the land-use regulations promulgated pursuant to section 25-0302 of this […]
25-0404 – Judicial Review.
§ 25-0404. Judicial review. Any person aggrieved by the issuance, denial, suspension, or revocation of a permit may within thirty days from the date of the commissioner’s order 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 affected […]
25-0102 – Declaration of Policy.
§ 25-0102. Declaration of policy. It is declared to be the public policy of this state to preserve and protect tidal wetlands, and to prevent their despoliation and destruction, giving due consideration to the reasonable economic and social development of the state.