Section 24-0105. Statement of findings  


Latest version.
  • 1.  The  freshwater  wetlands  of the state of New York are invaluable
      resources for flood protection, wildlife habitat, open space  and  water
      resources.
        2.  Considerable  acreage  of  freshwater wetlands in the state of New
      York has been lost,  despoiled  or  impaired  by  unregulated  draining,
      dredging,   filling,  excavating,  building,  pollution  or  other  acts
      inconsistent with the natural  uses  of  such  areas.  Other  freshwater
      wetlands  are  in  jeopardy of being lost, despoiled or impaired by such
      unrelated acts.
        3. Recurrent flooding aggravated or caused by the loss  of  freshwater
      wetlands has serious effects upon natural ecosystems.
        4. Freshwater wetlands conservation is a matter of state concern since
      a  wetland  in  one  region  is  affected by acts on rivers, streams and
      wetlands of other regions.
        5. The natural systems  affecting  freshwater  wetlands  overlap  many
      localities.  While  many  local  governments  individually  have enacted
      ordinances to conserve freshwater wetlands and to reduce  flood  hazards
      and losses, effective freshwater wetlands management requires uniformity
      in  laws  to  eliminate  inconsistent  or  conflicting local laws.   One
      locality alone lacks adequate jurisdiction to protect itself from misuse
      or neglect of adjacent localities.
        6. Freshwater wetlands are an integral  part  of  the  unique  scenic,
      aesthetic,  wildlife,  recreational,  open space, ecological and natural
      resources of the Adirondack park and are recognized and protected by the
      Adirondack park agency  act.  The  act  provides  a  mechanism  for  the
      regulation  of  Adirondack  wetlands  by  the Adirondack park agency and
      local governments which is consistent with both the  state  interest  in
      the  preservation  and development of the park area and the state policy
      to preserve, protect and conserve freshwater wetlands expressed in  this
      article.
        7. Any loss of freshwater wetlands deprives the people of the state of
      some  or  all  of  the  many  and  multiple  benefits to be derived from
      wetlands, to wit:
        (a) flood and storm control by the hydrologic absorption  and  storage
      capacity of freshwater wetlands;
        (b)  wildlife  habitat  by  providing  breeding,  nesting  and feeding
      grounds and cover for many forms of wildlife, wildfowl  and  shorebirds,
      including migratory wildfowl and rare species such as the bald eagle and
      osprey;
        (c)  protection  of  subsurface  water  resources  and  provision  for
      valuable watersheds and recharging ground water supplies;
        (d) recreation by  providing  areas  for  hunting,  fishing,  boating,
      hiking, bird watching, photography, camping and other uses;
        (e)   pollution  treatment  by  serving  as  biological  and  chemical
      oxidation basins;
        (f) erosion control by serving as sedimentation  areas  and  filtering
      basins,  absorbing  silt  and organic matter and protecting channels and
      harbors;
        (g) education and scientific research by providing readily  accessible
      outdoor  bio-physical  laboratories, living classrooms and vast training
      and education resources; and
        (h) open space and aesthetic appreciation by providing often the  only
      remaining  open areas along crowded river fronts and coastal Great Lakes
      regions; and
        (i) sources of nutrients in freshwater food cycles and nursery grounds
      and sanctuaries for freshwater fish.
    
        8.  Regulation  of  freshwater  wetlands,  in  accordance   with   the
      agricultural  exemption established in title seven hereof, is consistent
      with the legitimate interests of farmers and other landowners  to  graze
      and  water  livestock,  make  reasonable use of water resources, harvest
      natural  products  of the wetlands, selectively cut timber and otherwise
      engage in the use of land for agricultural production.