Section 25-0405. Payments for extractions from or filling in wetlands


Latest version.
  • 1.  Any  applicant  for  a permit to dredge, excavate, or remove soil,
      mud, sand, shells, gravel or other  aggregate  from  any  publicly-owned
      tidal  wetland shall be required to pay to the public owner thereof such
      amount, which shall not be nominal, as the office of general services or
      its local equivalent body  shall  determine  to  be  the  value  of  the
      aggregate extracted. Any person aggrieved by such determination may seek
      judicial  review pursuant to article seventy-eight of the civil practice
      law and rules in the supreme court for the county  in  which  the  tidal
      wetland is located.
        2.  Any  applicant  for  a  permit to dump, fill, or deposit any soil,
      stones, sand, gravel, mud, rubbish, or fill of any kind onto or  in  any
      publicly-owned tidal wetlands shall be required to pay to the owner such
      amount, which shall not be nominal, as the office of general services or
      its  local  equivalent  shall  determine.  Any  person aggrieved by such
      determination may seek judicial review pursuant to article seventy-eight
      of the civil practice law and rules in the supreme court for the  county
      in which the tidal wetland is located.
        3.  Monies  paid  to the state under this section shall be used by the
      commissioner for preservation of the tidal wetlands.