Section 24-1301. Miscellaneous provisions  


Latest version.
  • 1.  The  provisions of this article shall not be construed to limit in
      any manner the functions, powers and duties of the commissioner  or  the
      department   of  environmental  conservation,  or  of  any  other  state
      department or agency, under this chapter or any other laws.
        2. The commissioner, his agents or employees and the personnel of  the
      Adirondack  park  agency  may  enter  upon  any  lands  or  waters after
      reasonable  notice  and  for  good  cause  shown  for  the  purpose   of
      undertaking  any  investigations, examination, survey, or other activity
      for the purposes of this article.
        3. The commissioner may adopt and, from time to time, amend rules  and
      regulations  consistent  with this article to assist him in carrying out
      his functions, powers and duties hereunder.
        4. Notwithstanding any other provision of this  chapter,  a  privately
      owned  parcel of land or part thereof within the county of Richmond that
      did not contain a designation as a freshwater wetland on  the  tentative
      freshwater  wetlands  map  filed  in the office of the clerk of Richmond
      county in 1981 shall not be on any tentative freshwater wetlands map  if
      the landowner has any written determination from the department pursuant
      to  subdivision five of section 24-0703 of this article that such parcel
      of land or part thereof did not  meet  the  statutory  definition  of  a
      freshwater  wetland.  Such  representations  shall be considered to have
      been definitive when made, and such parcel or part thereof shall not  be
      designated  as a freshwater wetland on any final map filed in the office
      of the clerk of Richmond county pursuant to this article. The provisions
      of this subdivision shall not apply  to  any  parcel  of  land  or  part
      thereof,  purchased  after January first, nineteen hundred eighty-seven,
      or to any such parcel or part thereof owned wholly or  in  part  by  any
      unit  of  government  or agency or subdivision thereof, any authority or
      agency existing pursuant to governmental action, or subdivision thereof;
      including the state and the city of New York.