Section 24-528. New York city comprehensive wetlands study and protection strategy

a. Definitions.    1. "City" shall mean the geographic area constituting the city of  New
  York, including wetlands, shorelines and underwater lands.
    2. "Office"  shall  mean  the mayor's office of long-term planning and
  sustainability.
    3. "Wetlands" shall mean those areas that are inundated  or  saturated
  by  surface  or  ground  water at a frequency and duration sufficient to
  support, and that under normal circumstances do support, a prevalence of
  vegetation typically adapted for  life  in  saturated  soil  conditions.
  Wetlands generally include swamps, marshes, bogs and similar areas.
    b. Preliminary  satellite  or  aerial  imagery  survey.  No later than
  September 1, 2010, the office shall submit to the mayor and the  speaker
  of  the  council a preliminary survey of likely wetland areas based upon
  satellite or aerial imagery. The preliminary satellite or aerial imagery
  survey shall be for the purpose  of  indicating  the  overall  size  and
  location  of  remaining wetlands within the city and therefore to inform
  the development of an overall strategy for wetlands in the city.
    c. Development of a comprehensive wetlands strategy. The office  shall
  complete a preliminary wetlands protection strategy the overall goals of
  which shall be to (1) conserve, protect, enhance, stabilize, restore and
  expand  wetlands  and associated buffer areas in the city; (2) avoid and
  minimize wetlands losses and achieve no net  loss  of  wetlands  in  the
  city;  (3)  standardize  and  improve  the  management  of  wetlands and
  associated  buffer  areas  and  (4)  balance  the  needs  for   wetlands
  protection  with  other,  competing  land  uses  that  are in the public
  interest, such as the construction of  schools  or  affordable  housing.
  Such strategy shall consider (1) the ecological, hydrological, economic,
  aesthetic  and  habitat functions of wetlands including, but not limited
  to future protection from storm surges and other effects of  rising  sea
  levels;  (2)  the current condition and protections afforded wetlands in
  the city, including wetlands smaller than 12.4 acres in  size;  and  (3)
  the  wetlands  policies,  laws,  rules  and  regulations  that have been
  adopted by other municipalities in New York state.
    d. (1) No later than December 31, 2011,  the  office  shall  submit  a
  preliminary  comprehensive  wetlands  protection strategy that meets the
  requirements of this subdivision  to  the  mayor,  the  speaker  of  the
  council  and  the  public  for  review and comment. Access to the public
  shall include posting such preliminary strategy on  the  city's  website
  and  such  other  measures  as  the office deems appropriate to increase
  notice.
    (2) No later than March 1, 2012,  the  office  shall  submit  a  final
  comprehensive  wetlands  protection strategy that meets the requirements
  of this subdivision to the mayor, the speaker of  the  council  and  the
  public. Submission to the public may include posting such final strategy
  on  the  city's  website  and  such  other  measures as the office deems
  appropriate to increase notice.
    (3) The comprehensive wetlands protection strategy shall include,  but
  not be limited to, the following:
    (i) appropriate  legal  requirements,  management  mechanisms, funding
  mechanisms, enforcement mechanisms and incentives to conserve,  protect,
  enhance,  restore,  stabilize  and expand wetlands and associated buffer
  areas in the city, whether publicly or privately owned;
    (ii) appropriate legal requirements,  management  mechanisms,  funding
  mechanisms,  enforcement  mechanisms and incentives regarding management
  of wetlands in the city by public and private  owners  to  ensure  their
  consistency and best practices;

    (iii) land   acquisition   and   land   use   planning  practices  and
  opportunities to provide for wetlands retreat;
    (iv) strategies for adaptation to sea level rise that involve wetlands
  to  the  extent  not  provided  for  in any other planning or management
  initiatives undertaken by or on behalf of the city;
    (v) opportunities to improve the implementation of wetlands mitigation
  and creation activities;
    (vi) a protocol for coordination with appropriate federal,  state  and
  city governmental entities that have jurisdiction over or other property
  interest  in  wetlands  or  associated  buffer  areas including, but not
  limited to, coordination in the development of a comprehensive  list  of
  wetland  mitigation  opportunities and notification procedures regarding
  proposed development projects that  may  adversely  impact  wetlands  or
  associated buffer areas;
    (vii) reporting mechanisms for wetlands indicators; and
    (viii) a  public  education  program  to  increase awareness about the
  ecological, economic, aesthetic and other values of wetlands  and  their
  associated  buffer  areas,  which shall include information presented on
  the city's website and such other means as the office deems appropriate.
    (4) The comprehensive wetlands protection  strategy  shall  include  a
  schedule  and milestones for implementing the strategy and achieving its
  goals.
    (5) To the extent that  any  element  of  the  comprehensive  wetlands
  protection  strategy is provided for in any other planning or management
  initiative undertaken by or on behalf of the city, such element  may  be
  incorporated by reference.
    e. The  comprehensive  wetlands protection strategy developed pursuant
  to this section shall be reviewed and revised as  necessary  to  achieve
  its goals, the first such review to be undertaken within three years and
  thereafter  no less often than every four years. No later than April 22,
  2015 and no later than every fourth year  thereafter,  the  commissioner
  shall  submit  a report to the mayor and the speaker of the council that
  provides an update on the  comprehensive  wetlands  protection  strategy
  developed  pursuant  to  this  section  which  shall include, but not be
  limited to:
    (1) the  implementation  status  of  the  measures  included  in  such
  strategy, as it may have been revised pursuant to this subdivision; and
    (2) specific progress towards each of the strategy's goals.