Section 24-0703. Applications for permits

1.  Any  person  proposing  to  conduct  or  cause  to  be conducted a
  regulated activity upon any freshwater wetland shall file an application
  for a permit with the clerk of the local government having  jurisdiction
  or  the  department, as the case may be. Review of the application shall
  be made by the local government or the commissioner, as the case may be,
  in accordance with applicable law and such rules  hereunder  as  may  be
  adopted  by  the commissioner. Such application shall include a detailed
  description of the proposed activity and  a  map  showing  the  area  of
  freshwater  wetland directly affected, with the location of the proposed
  activity thereon. The clerk or commissioner shall cause notice  of  such
  application  to  be  mailed  to all local governments where the proposed
  activity or any part of it is located.
    2. No sooner than thirty days and not later than sixty days after  the
  receipt  by  a  local  government of an application, and after notice of
  application has been published by the applicant in two newspapers having
  a general circulation in the area, the local  government  shall  hold  a
  public  hearing  on such application at a suitable location in the local
  government where the affected wetland is situated unless  no  notice  of
  objection  has  been  filed  or  unless  the  local government finds the
  activity to be of such a minor nature as not to affect or  endanger  the
  balance  of  systems  within  the  wetlands,  in  which  case  the local
  government may, in  the  exercise  of  discretion,  dispense  with  such
  hearing.  Where  the  local  government  finds  that  a  hearing  is not
  necessary, a decision setting forth reasons therefor shall be  prepared,
  shall  be  a  matter  of  public record and shall be mailed to all local
  governments where the proposed work or any part of it is located and  to
  all  persons  who  filed a statement with the local government following
  the publication of such notice of application. All owners of  record  of
  the  adjacent land and the local governments where the proposed activity
  is located shall be notified by certified mail of the hearing  not  less
  than  fifteen  days  prior  to  the date set for such hearing. The local
  government shall cause notice of such hearing to  be  published  in  two
  newspapers  having  a general circulation in the area where the affected
  freshwater wetlands are located. All applications and maps and documents
  relating thereto shall be open for public inspection at  the  office  of
  the  clerk  of the local government in which the wetland is situated. At
  such hearing any person or persons filing a request for a hearing  or  a
  timely notice of appearance may appear and be heard.
    3.  In  addition  to  the provisions of article 70 of this chapter and
  rules and regulations adopted  thereunder,  the  rules  and  regulations
  adopted  by  the  department  pursuant  to this article to implement its
  processing of permit applications, renewals, modifications,  suspensions
  and  revocations  shall  govern  permit administration by the department
  under this article, provided however,  that  after  the  department  has
  given  notice  to  an  applicant that an application is complete, or the
  application is deemed complete, the applicant shall cause  a  notice  of
  application to be published in a newspaper of general circulation in the
  affected area as provided in rules and regulations of the department.
    4.  The  applicant  shall  have  the  burden of demonstrating that the
  proposed activity will be in accord with the policies and provisions  of
  this  article. To the greatest extent practicable, such hearing shall be
  incorporated with any public hearing  required  by  the  town,  village,
  general  city,  general  municipal or environmental conservation laws in
  connection  with  approvals  or  permits   otherwise   required   before
  commencement of regulated activities on lands containing such wetlands.
    5. Prior to the promulgation of the final freshwater wetlands map in a
  particular   area  and  the  implementation  of  a  freshwater  wetlands

  protection law or ordinance, no person shall conduct,  or  cause  to  be
  conducted,  any  activity  for  which a permit is required under section
  24-0701 of this article on any freshwater wetland unless he has obtained
  a  permit  from  the  commissioner  under  this  section. Any person may
  inquire of the department as to whether or not a given  parcel  of  land
  will  be  designated  a  freshwater  wetland  subject to regulation. The
  department shall give a definite answer in writing within thirty days of
  such request  as  to  whether  such  parcel  will  or  will  not  be  so
  designated.   Provided  that,  in  the  event  that  weather  or  ground
  conditions prevent the department from  making  a  determination  within
  thirty  days,  it  may  extend  such period until a determination can be
  made. Such answer in the affirmative shall  be  reviewable  pursuant  to
  title  eleven of this article; such an answer in the negative shall be a
  complete defense to the enforcement of this article as to such parcel of
  land. The commissioner may by regulation adopted  after  public  hearing
  exempt categories or classes of wetlands or individual wetlands which he
  determines  not  to  be  critical to the furtherance of the policies and
  purposes of this article.