Section 71-2303. Violation; penalties

1.  Administrative  sanctions.  Any  person  who violates, disobeys or
  disregards any provision of article twenty-four,  including  title  five
  and  section  24-0507  thereof  or  any rule or regulation, local law or
  ordinance, permit or order issued pursuant thereto, shall be  liable  to
  the  people  of  the  state  for  a civil penalty of not to exceed three
  thousand dollars for every such  violation,  to  be  assessed,  after  a
  hearing  or  opportunity to be heard upon due notice and with the rights
  to specification of the charges and representation by  counsel  at  such
  hearing,  by  the  commissioner or local government. Such penalty may be
  recovered in an action brought by the attorney general  at  the  request
  and  in the name of the commissioner or local government in any court of
  competent  jurisdiction.  Such  civil  penalty  may   be   released   or
  compromised  by  the  commissioner or local government before the matter
  has been referred to the attorney general; and  where  such  matter  has
  been  referred to the attorney general, any such penalty may be released
  or compromised and any action commenced  to  recover  the  same  may  be
  settled and discontinued by the attorney general with the consent of the
  commissioner or local government. In addition, the commissioner or local
  government  shall  have  power,  following a hearing held in conformance
  with the procedures set forth in section 71-1709  of  this  chapter,  to
  direct the violator to cease his violation of the act and to restore the
  affected  freshwater  wetland  to  its condition prior to the violation,
  insofar as that is possible within  a  reasonable  time  and  under  the
  supervision  of  the commissioner or local government. Any such order of
  the commissioner or local government shall be enforceable in  an  action
  brought  by  the  attorney general at the request and in the name of the
  commissioner or local government in any court of competent jurisdiction.
  Any  civil  penalty  or  order  issued  by  the  commissioner  or  local
  government  pursuant  to  this  subdivision  shall  be  reviewable  in a
  proceeding pursuant to article seventy-eight of the civil  practice  law
  and rules.
    2.  Criminal  sanctions.  Any  person  who  violates  any provision of
  article twenty-four of this chapter, including any rule  or  regulation,
  local  law or ordinance, permit or order issued pursuant thereto, shall,
  in addition, for the first offense, be guilty of a violation  punishable
  by  a  fine  of  not  less  than five hundred nor more than one thousand
  dollars; for a second and each subsequent offense he shall be guilty  of
  a  misdemeanor  punishable  by  a fine of not less than one thousand nor
  more than two thousand dollars or a term of  imprisonment  of  not  less
  than  fifteen  days  nor  more than six months or both. Instead of these
  punishments, any offender may be punishable  by  being  ordered  by  the
  court  to restore the affected freshwater wetland to its condition prior
  to the offense, insofar as that is possible. The court shall  specify  a
  reasonable  time  for the completion of such restoration, which shall be
  effected under the supervision of the commissioner or local  government.
  Each  offense  shall be a separate and distinct offense and, in the case
  of a continuing offense, each day's continuance thereof shall be  deemed
  a separate and distinct offense.