Section 24-0803. Transfer of jurisdiction to local government

1.  Notwithstanding  anything in article twenty-seven of the executive
  law to the contrary, the Adirondack park agency may transfer to  a  town
  or  village  any  or  all  of its jurisdiction over regulated activities
  conducted upon, or land use and development  or  subdivision  involving,
  those  wetlands  located  on  private lands which it finds, due to their
  size or other characteristics, are of lesser regional importance and are
  appropriately to be administered by such local governments alone.
    2. The agency shall not transfer such jurisdiction unless the town  or
  village  (a)  has  adopted  and  implemented a local freshwater wetlands
  protection law or ordinance or has in a local land use program  provided
  by local law or ordinance for the protection of such wetlands, which law
  or ordinance:
    (i) meets the criteria set forth in subdivision two of section 24-0501
  of this article,
    (ii)  provides  for  a  review  of  regulated activities, land use and
  development and subdivision pursuant  to  the  standards  set  forth  in
  subdivision two of section 24-0801 of this article, and
    (iii)  contains at a minimum land use regulations meeting the criteria
  of subdivision one of section 24-0903 of this article; and
    (b) possesses the technical or administrative capacity  to  administer
  the local law or ordinance.
    3.  In connection with a transfer of its jurisdiction pursuant to this
  section, the agency may impose reasonable conditions in  furtherance  of
  the policies and purposes of this article and of article twenty-seven of
  the executive law.
    4.  A  local  government  regulating wetlands pursuant to this section
  shall have the right to charge such fees and expenses  to  an  applicant
  for  official action as shall enable it to recover the costs incurred by
  reason of such application.
    5. The technical services of the department or  the  agency  shall  be
  made   available  to  towns  and  villages,  on  a  fee  basis,  in  the
  implementation of the procedures set forth in this section.