Section 24-0801. Permits for wetlands in the Adirondack park  


Latest version.
  • 1.  As used in this title, the term "freshwater wetlands", in addition
      to its meaning  under  section  24-0107  of  this  article,  shall  mean
      "wetlands"  as  defined  in  subdivision  sixty-eight  of  section eight
      hundred two of article twenty-seven of the executive law.
        2. Where the activities otherwise subject  to  regulation  under  this
      article involve freshwater wetlands located within the boundaries of the
      Adirondack park, the inquiries referred to and the applications provided
      for  in  section 24-0703 of this article shall be made to and filed with
      the Adirondack park  agency  at  its  headquarters  office,  under  such
      regulations and procedures as the Adirondack park agency may promulgate.
      The  Adirondack park agency shall review the application in place of the
      commissioner or local government as provided in section 24-0705 of  this
      article,  having  due regard for the declaration of policy and statement
      of findings set forth in this article and  for  the  considerations  set
      forth  in subdivision one of section 24-0705 of this article. The agency
      shall in addition determine prior to the granting of any permit that the
      proposed activity will be consistent with the Adirondack park  land  use
      and development plan and would not have an undue adverse impact upon the
      natural, scenic, aesthetic, ecological, wildlife, historic, recreational
      or  open  space  resources of the park, taking into account the economic
      and social or other benefits to be derived from the activity. Any person
      may seek review of a ruling made solely pursuant to  the  provisions  of
      this article by the Adirondack park agency pursuant to the provisions of
      title  eleven  of  this  article  or  article seventy-eight of the civil
      practice law and rules.