Section 25-0401. Regulated activities

1.  After  completion  of  the inventory prescribed in title 2 of this
  article with respect to any tidal wetland, no person may conduct any  of
  the  activities set forth in subdivision 2 of this section unless he has
  obtained a permit from the commissioner to do so. The permit  issued  by
  the  commissioner  shall  be  in  addition  to, and not in lieu of, such
  permit or permits as may be required by any  municipality  within  whose
  boundary such wetland or portion thereof is located.
    2.  Activities  subject  to  regulation  hereunder include any form of
  draining,  dredging,  excavation,  and  removal   either   directly   or
  indirectly,  of  soil, mud, sand, shells, gravel or other aggregate from
  any tidal wetland; any form of dumping, filling, or  depositing,  either
  directly or indirectly, of any soil, stones, sand, gravel, mud, rubbish,
  or  fill  of  any  kind;  the  erection  of any structures or roads, the
  driving of any pilings or placing of any other obstructions, whether  or
  not changing the ebb and flow of the tide, and any other activity within
  or  immediately adjacent to inventoried wetlands which may substantially
  impair or alter the natural condition of the tidal wetland area.
    3. The depositing or removal of the  natural  products  of  the  tidal
  wetlands   by   recreational   or   commercial   fishing,  shellfishing,
  aquaculture, hunting or trapping,  shall  be  excluded  from  regulation
  hereunder, where otherwise legally permitted.
    4.  Activities, orders, and regulations of the department of health or
  of units of local government with respect to matters  of  public  health
  shall  be  excluded  from  regulation  hereunder,  except as hereinafter
  provided. Copies of  all  such  public  health  orders  and  regulations
  affecting   tidal  wetlands  shall  be  filed  with  the  department  of
  environmental conservation. The commissioner may require modification of
  such orders or regulations if he deems it  necessary  to  implement  the
  policy of this act.
    5. The commissioner shall review all current mosquito control projects
  to  determine  whether  they  are  having  any  adverse  impact on tidal
  wetlands. Where any adverse impact is found, the commissioner  following
  a  public hearing, may require modification of such projects if he deems
  it necessary to implement the policy of this act.
    6. Where the dredging or filling is in the  navigable  waters  of  the
  state  or is for the reconstruction or repair of certain dams and docks,
  and where such activity also substantially affects tidal  wetlands,  any
  person  undertaking such activity must seek permission under this act as
  well as under any other applicable law.