Title ENV, Environmental Conservation

§ 23-2722. Interstate mining compact.\n The "interstate mining compact" is hereby enacted into law and entered\ninto by this state with all other states legally joining therein in the\nform substantially as follows:\n THE INTERSTATE MINING COMPACT\n ARTICLE I\n POLICIES AND PURPO…

§ 23-2723. Severability.\n The provisions of this title shall be severable and if any phrase,\nclause, sentence or provision of this title, or the applicability\nthereof to any person or circumstance shall be held invalid, the\nremainder of this title and the application thereof …

§ 24-0101. Short title.\n This article shall be known as the "Freshwater Wetlands Act".\n

§ 24-0103. Declaration of policy.\n It is declared to be the public policy of the state to preserve,\nprotect and conserve freshwater wetlands and the benefits derived\ntherefrom, to prevent the despoliation and destruction of freshwater\nwetlands, and to regulate use and develop…

§ 24-0105. Statement of findings.\n 1. The freshwater wetlands of the state of New York are invaluable\nresources for flood protection, wildlife habitat, open space, climate\nchange mitigation through the accumulation and storage of large amounts\nof carbon, and water resources.\…

§ 24-0107. Definitions.\n 1. * "Freshwater wetlands" means lands and waters of the state, that\nare not tidal wetlands as defined in subdivision one of section 25-0103\nof this chapter, that have an area of at least twelve and four-tenths\nacres or, if less than twelve and four-t…

§ 24-0301. Commissioner's study.\n 1. Except as provided in subdivision three of this section, the\ncommissioner shall supervise the maintenance of freshwater wetlands\nmaps, which shall be available to the public for inspection and\nexamination at the regional office of the depa…

§ 24-0501. Local freshwater wetlands protection procedures.\n 1. On or after September 1, 1975, each local government may adopt,\namend, and implement a freshwater wetlands protection law or ordinance\nin accordance with this article to be applicable to all freshwater\nwetlands w…

§ 24-0503. Transfer of function to county; supersession by department.\n 1. In the event that a town, village, city or county shall certify in\nwriting, as hereinafter provided, that it does not possess the technical\ncapacity or the procedures effectively to carry out the requir…

§ 24-0505. Exemption from local implementation.\n The commissioner, by rule, may exempt from local implementation under\nthis title those freshwater wetlands which, by reason of their size or\nspecial characteristics of unique environmental value or by reason of\ncommon character…

§ 24-0507. Reservation of local jurisdiction.\n 1. Except as provided in this article, jurisdiction over all areas\nwhich would qualify as freshwater wetlands less than twelve and\nfour-tenths acres in size and are not of unusual importance is reserved\nto the city, town or villa…

§ 24-0509. Relationship to other laws.\n No provision of this article shall be deemed to remove from any local\ngovernment any authority pertaining to the regulation of freshwater\nwetlands, whether such wetlands are under the jurisdiction of the\ndepartment or a county pursuant …

§ 24-0511. Local freshwater wetlands protection procedures in the\n Adirondack park.\n Except for section 24-0509, this title shall not apply to freshwater\nwetlands protection laws or ordinances adopted by towns or villages with\nrespect to their territories within the Adirondac…

§ 24-0701. Permits.\n 1. Any person desiring to conduct activities on freshwater wetlands,\nor the regulated areas adjacent to these wetlands set forth in\nsubdivision two of this section, must obtain a permit as provided in\nthis title.\n 2. Activities subject to regulation shal…

§ 24-0703. Applications for permits.\n 1. Any person proposing to conduct or cause to be conducted a\nregulated activity upon any freshwater wetland shall file an application\nfor a permit with the clerk of the local government having jurisdiction\nor the department, as the case …

§ 24-0705. Granting permits.\n 1. In granting, denying or limiting any permit, the local government\nor the commissioner shall consider the effect of the proposed activity\nwith reference to the public health and welfare, climate change,\nfishing, flood, hurricane and storm dange…

§ 24-0801. Permits for wetlands in the Adirondack park.\n 1. As used in this title, the term "freshwater wetlands", in addition\nto its meaning under section 24-0107 of this article, shall mean\n"wetlands" as defined in subdivision sixty-eight of section eight\nhundred two of art…

§ 24-0803. Transfer of jurisdiction to local government.\n 1. Notwithstanding anything in article twenty-seven of the executive\nlaw to the contrary, the Adirondack park agency may transfer to a town\nor village any or all of its jurisdiction over regulated activities\nconducted …

§ 24-0805. Land use regulations for freshwater wetlands in the\n Adirondack park.\n Except as to wetlands upon private lands within local governments to\nwhich jurisdiction has been transferred pursuant to section 24-0803 of\nthis article, the Adirondack park agency shall also ex…

§ 24-0901. Cooperative agreements.\n 1. The commissioner shall confer with local government officials in\neach region to establish a program for the protection of the freshwater\nwetlands of the state.\n 2. The commissioner may enter into cooperative agreements with any\ncity, vi…

§ 24-0903. Land use regulations for freshwater wetlands.\n 1. The commissioner shall classify freshwater wetlands according to\ntheir most appropriate uses, in light of the values set forth in section\n24-0105 of this article and the present conditions of such wetlands. The\ncomm…

§ 24-0905. Tax abatement.\n Any freshwater wetland subject to land use regulations pursuant to\nsection 24-0903 of this article or subject to a cooperative agreement\npursuant to section 24-0901 of this article shall be deemed subject to a\nlimitation on the use of such wetlands …

§ 24-1301. Miscellaneous provisions.\n 1. The provisions of this article shall not be construed to limit in\nany manner the functions, powers and duties of the commissioner or the\ndepartment of environmental conservation, or of any other state\ndepartment or agency, under this c…

§ 24-1303. Severability.\n The provisions of this article shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this article shall be\nadjudged by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair or invalidat…

§ 24-1305. Applicability.\n The provisions of this article shall not apply to any land use,\nimprovement or development for which final approval shall have been\nobtained prior to the effective date of this article from the local\ngovernmental authority or authorities having juri…

§ 25-0101. Short title.\n This article shall be known as the "Tidal Wetlands Act".\n

§ 25-0102. Declaration of policy.\n It is declared to be the public policy of this state to preserve and\nprotect tidal wetlands, and to prevent their despoliation and\ndestruction, giving due consideration to the reasonable economic and\nsocial development of the state.\n

§ 25-0103. Definitions.\n 1. "Tidal wetlands" shall mean and include the following:\n (a) those areas which border on or lie beneath tidal waters, such as,\nbut not limited to, banks, bogs, salt marsh, swamps, meadows, flats or\nother low lands subject to tidal action, including …

§ 25-0201. Inventory of tidal wetlands.\n 1. The commissioner shall as soon as practicable make an inventory of\nall tidal wetlands in the state of New York. This inventory, and any\nrestrictive orders issued pursuant to section 25-0302 of this act, shall\ncomprise a part of the …

§ 25-0202. Moratorium on alteration of tidal wetlands.\n 1. No person shall alter the state of any tidal wetland or of any area\nimmediately adjacent to such wetland as the commissioner may reasonably\ndeem necessary to preserve in order to effectuate the policies and\nprovisions…

§ 25-0301. Program and cooperative agreements for the protection of\n tidal wetlands.\n 1. Upon completion of the inventory with respect to tidal wetlands,\nthe commissioner shall confer with the local government officials\ninvolved to establish a program for the protection of su…

§ 25-0302. Land-use regulation of tidal wetlands.\n 1. Upon completion of the inventory the commissioner shall adopt\nland-use regulations governing the uses of said inventoried wetlands.\nIn preparing such regulations the commissioner shall be guided by\nfactors including, but n…

§ 25-0401. Regulated activities.\n 1. After completion of the inventory prescribed in title 2 of this\narticle with respect to any tidal wetland, no person may conduct any of\nthe activities set forth in subdivision 2 of this section unless he has\nobtained a permit from the comm…

§ 25-0402. Application for permits.\n 1. Any person proposing to conduct or cause to be conducted an\nactivity regulated under this act upon any inventoried tidal wetland\nshall file an application for a permit with the commissioner, in such\nform and containing such information …

§ 25-0403. Granting of permits.\n 1. In granting, denying or limiting any permit under this act, the\ncommissioner shall consider the compatibility of the proposed activity\nwith reference to the public health and welfare, marine fisheries,\nshellfisheries, wildlife, flood and hu…

§ 25-0404. Judicial review.\n Any person aggrieved by the issuance, denial, suspension, or\nrevocation of a permit may within thirty days from the date of the\ncommissioner's order seek judicial review pursuant to article\nseventy-eight of the civil practice law and rules in the …

§ 25-0405. Payments for extractions from or filling in wetlands.\n 1. Any applicant for a permit to dredge, excavate, or remove soil,\nmud, sand, shells, gravel or other aggregate from any publicly-owned\ntidal wetland shall be required to pay to the public owner thereof such\nam…

§ 25-0601. Severability.\n The provisions of this act shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this act shall be adjudged\nby any court of competent jurisdiction to be invalid, such judgment\nshall not affect, impair or invalidate the re…

§ 27-0101. Legislative purposes.\n 1. It is the purpose of the legislature of the state of New York in\nenacting this article to encourage the development of economical\nprojects for the present and future collection, treatment and management\nof solid and hazardous waste in such…

§ 27-0103. State solid waste management plan.\n 1. For the purposes of this article, the department is designated as\nthe official state agency with the responsibility for preparing and\nupdating the New York state solid waste management plan (hereinafter\nreferred to as the "pla…

§ 27-0105. Preferred statewide hazardous waste management practices\n hierarchy.\n It is hereby declared that the following preferred hazardous waste\nmanagement practices hierarchy is to be used to guide all hazardous\nwaste policies and decisions:\n a. The generation of hazardo…

§ 27-0106. State solid waste management policy.\n In the interest of public health, safety and welfare and in order to\nconserve energy and natural resources, the state of New York, in\nenacting this section, establishes as its policy that:\n 1. The following are the solid waste …

§ 27-0107. Local solid waste management plans; purpose and scope.\n 1. Purpose and scope. (a) A planning unit may undertake and complete a\ntimely process leading to a local solid waste management plan for such\nunit for at least a ten-year period. For purposes of this section an…

§ 27-0109. State assistance for local solid waste management plans.\n 1. As a complement to, and in conjunction with the technical\nassistance provided pursuant to this chapter, and to foster and\nfacilitate local planning, a planning unit may apply for state\nassistance for deve…

§ 27-0301. Intent and purpose.\n It is declared to be the intent and purpose of this title to protect\nthe environment from mishandling and mismanagement of all regulated\nwastes transported from the site of generation to the site of ultimate\ntreatment, storage or disposal and t…

§ 27-0303. Definitions.\n When used in this title:\n 1. "Disposal" means the abandonment, discharge, deposit, injection,\ndumping, spilling, leaking or placing of any substance so that such\nsubstance or any related constituent thereof may enter the environment.\nDisposal also me…

§ 27-0305. Permits for waste transporters.\n 1. Except as otherwise exempted by this title, no person shall engage\nin the transportation of regulated waste originating or terminating at a\nlocation in this state without a permit pursuant to this section. In\naddition, no person …

§ 27-0307. Waste transporter permit revocation notifications.\n After the issuance of an order of suspension or revocation of the\npermit of a waste transporter, the department shall publish notice of\nsuch suspension or revocation in a newspaper or newspapers having a\ngeneral c…

§ 27-0401. Secondary materials.\n 1. As used in this article, "secondary materials" shall mean material\nrecovered from or otherwise destined for the waste stream, including but\nnot limited to, post-consumer material, industrial scrap material and\noverstock or obsolete inventor…

§ 27-0403. Legislative intent.\n The legislature hereby finds and declares that development and\nimplementation of local programs to conserve energy through sound solid\nwaste management efforts can be of broad benefit to the state. Through\nutilization of resource reuse and othe…