Title ENV, Environmental Conservation

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

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

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

§ 24-0103. Declaration of policy. It is declared to be the public policy of the state to preserve, protect and conserve freshwater wetlands and the benefits derived therefrom, to prevent the despoliation and destruction of freshwater wetlands, and to regulate use and development …

§ 24-0105. Statement of findings. 1. The freshwater wetlands of the state of New York are invaluable resources for flood protection, wildlife habitat, open space, climate change mitigation through the accumulation and storage of large amounts of carbon, and water resources. 2. Co…

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

§ 24-0301. Commissioner's study. 1. Except as provided in subdivision three of this section, the commissioner shall supervise the maintenance of freshwater wetlands maps, which shall be available to the public for inspection and examination at the regional office of the departmen…

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

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

§ 24-0505. Exemption from local implementation. The commissioner, by rule, may exempt from local implementation under this title those freshwater wetlands which, by reason of their size or special characteristics of unique environmental value or by reason of common characteristic…

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

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

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

§ 24-0701. Permits. 1. Any person desiring to conduct activities on freshwater wetlands, or the regulated areas adjacent to these wetlands set forth in subdivision two of this section, must obtain a permit as provided in this title. 2. Activities subject to regulation shall inclu…

§ 24-0703. Applications for permits. 1. Any person proposing to conduct or cause to be conducted a regulated activity upon any freshwater wetland shall file an application for a permit with the clerk of the local government having jurisdiction or the department, as the case may b…

§ 24-0705. Granting permits. 1. In granting, denying or limiting any permit, the local government or the commissioner shall consider the effect of the proposed activity with reference to the public health and welfare, climate change, fishing, flood, hurricane and storm dangers, a…

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

§ 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,…

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

§ 24-0901. Cooperative agreements. 1. The commissioner shall confer with local government officials in each region to establish a program for the protection of the freshwater wetlands of the state. 2. The commissioner may enter into cooperative agreements with any city, village, …

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

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

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

§ 24-1303. Severability. The provisions of this article shall be severable, and if any clause, sentence, paragraph, subdivision or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the…

§ 24-1305. Applicability. The provisions of this article shall not apply to any land use, improvement or development for which final approval shall have been obtained prior to the effective date of this article from the local governmental authority or authorities having jurisdict…

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

§ 25-0102. Declaration of policy. It is declared to be the public policy of this state to preserve and protect tidal wetlands, and to prevent their despoliation and destruction, giving due consideration to the reasonable economic and social development of the state.

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

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

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

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

§ 25-0302. Land-use regulation of tidal wetlands. 1. Upon completion of the inventory the commissioner shall adopt land-use regulations governing the uses of said inventoried wetlands. In preparing such regulations the commissioner shall be guided by factors including, but not li…

§ 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 commissio…

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

§ 25-0403. Granting of permits. 1. In granting, denying or limiting any permit under this act, the commissioner shall consider the compatibility of the proposed activity with reference to the public health and welfare, marine fisheries, shellfisheries, wildlife, flood and hurrica…

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

§ 25-0405. Payments for extractions from or filling in wetlands. 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,…

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

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

§ 27-0103. State solid waste management plan. 1. For the purposes of this article, the department is designated as the official state agency with the responsibility for preparing and updating the New York state solid waste management plan (hereinafter referred to as the "plan") c…

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

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

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

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

§ 27-0301. Intent and purpose. It is declared to be the intent and purpose of this title to protect the environment from mishandling and mismanagement of all regulated wastes transported from the site of generation to the site of ultimate treatment, storage or disposal and to pre…

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

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

§ 27-0307. Waste transporter permit revocation notifications. After the issuance of an order of suspension or revocation of the permit of a waste transporter, the department shall publish notice of such suspension or revocation in a newspaper or newspapers having a general circul…

§ 27-0401. Secondary materials. 1. As used in this article, "secondary materials" shall mean material recovered from or otherwise destined for the waste stream, including but not limited to, post-consumer material, industrial scrap material and overstock or obsolete inventories f…

§ 27-0403. Legislative intent. The legislature hereby finds and declares that development and implementation of local programs to conserve energy through sound solid waste management efforts can be of broad benefit to the state. Through utilization of resource reuse and other pro…