LL 01 Freshwater Wetlands Protection Law 1
s
FRESHWATER WETLANDS PROTECTION LAW
OF
THE TOWN OF QUEENSBURY
WARREN COUNTY, NEW YORK
TABLE OF CONTENTS
Section 1 - Short Title
Section 2 - Declaration of policy
Section 3 - Statement of findings
Section 4 - Definitions
Section 5 - Permits
Section 6 - Application for permit, processing
Section 7 - Public hearing on permit application
Section 8 - Decision on permit application
Section 9 - Standards for permit decisions
Section 10 - Conditions to a permit
Section 11 - General powers of the Agency
Section 12 - Other laws and regulations
Section 13 - Bonding requirements
Section 14 - Suspension or revocation of permits
Section 15 - Violation; penalties
Section 16 - Enforcement
Section 17 - Review and appeal
Section 18 - Severability
Section 19 - Non-Applicability to activities involving
Freshwater wetlands located within
Adirondack Park
Section 20 - Effective date
Local Law No. 1 of 1976.
A LOCAL LAW of the Town of Queensbury pursuant to Article 24 of the
State Environmental Conservation Law to provide for the protection,
preservation and conservation of freshwater wetlands within its boundaries
by establishing a permit system with regard to regulated activites in
freshwater wetlands and adjacent areas and by establishing the procedures
and standards for the processing of permit applications.
BE IT ENACTED by the Town Board of the Town of Queensbury, Warren
County, New York, as follows:
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Section 1. Short Title.
This law shall be known as the Freshwater Wetlands Protection Law of the
Town of Queensbury.
Section 2. Declaration of policy.
It is declared to be the public policy of the Town of Queensbury to
preserve, protect and conserve freshwater wetlands and the benefits derived
therefrom, to prevent the despoliation and destruction of freshwater wetlands and
to regulate the development of such wetlands in order to secure the natural
benefits of freshwater wetlands, consistent with the general welfare and beneficial
economic, social and agricultural development of the Town. It is further declared
to be the policy of the Town of Queensbury to exercise its authority pursuant
to Article 24 of the State Environmental Conservation Law, as such article may
from time to time be amended.
Section 3. Statement of findings.
1. The freshwater wetlands located in the Town of Queensbury are
invaluable resources for flood protection, wildlife habitat, open space and water
resources.
2. Considerable acreage of freshwater wetlands in the town has been lost,
despoiled or impaired by unregulated draining, dredging, filling, excavating,
building, pollution or other acts inconsistent with the natural uses of such
areas. Other freshwater wetlands are in jeopardy, of being lost, despoiled or
impaired by such unregulated acts.
3. Recurrent flooding aggravated or caused by the loss of freshwater wetlands
has serious effects upon natural ecosystems.
4. Freshwater wetlands conservation is a matter of town concern.
5. Any loss of freshwater wetlands deprives the people of the Town
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of Queensbury of some or all of the many and multiple benefits to be
derived from wetlands, to wit:
(a) flood and storm control by the hydrologic absorption and
storage capacity of freshwater wetlands;
(b) wildlife habitat by providing breeding, nesting and feeding
grounds and cover for many forms of wildlife, wildfowl and shorebirds,
including migratory wildfowl and rare species;
(c) protection of subsurface water resources and provision for
valuable watersheds and recharging ground water supplies;
(d) recreation by providing areas for hunting, fishing, boating,
hiking, bird watching, photography, camping and other uses;
(e) pollution treatment by serving as biological and chemical
oxidation basins;
(f) erosion control by serving as sedimentation areas and
filtering basins, absorbing silt and organic matter and protecting channels
and harbors;
(g) education and scientific research by providing readily acces-
sible outdoor bio-physical laboratories, living classrooms and training and
education resources;
(h) open space and aesthetic appreciation; and
(i) sources of nutrients in freshwater food cycles and nursery
grounds and sanctuaries for freshwater fish.
7. Regulation of freshwater wetlands, in accordance with the agricul-
tural exemption established in section 5 hereof, is consistent with the
legitimate interests of farmers and other landowners to graze and water
livestock, make reasonable use of water resources, harvest natural products of
the wetlands, selectively cut timber and otherwise engage in the use of land for
agricultural production.
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Section 4. Definitions.
The following terms, phrases, words and their derivatives shall have the
meaning given herein:
1. "Adjacent area" means any land in the Town of Queensbury immediately
adjacent to a freshwater wetland lying within 100 feet, measured horizontally
of the boundary of a freshwater wetland.
2. "Agency" means the Planning Board of the Town of Queensbury.
3. "Applicant" means any person who files an application for any permit
issued by the Agency pursuant to this law, and includes the agent of the owner or
a contract vendee.
4. "Board" means the Freshwater Wetlands Appeals Board established by
Article 24 of the State Environmental Conservation Law.
5. "Boundaries of a freshwater wetland" means the outer limit of the vegetation
specified in paragraphs (a) and (b) of subdivision 7 of this section and of the
waters specified in paragraph (c) of such subdivision.
6. "Town" means the Town of Queensbury.
7. "Freshwater wetlands" means lands and waters lying within the boundaries
of the Town of Queensbury as shown on a freshwater wetlands map which contain
any or all of the following:
(a) lands and submerged lands commonly called marshes, swamps, sloughs,
bogs, and flats supporting aquatic or semi-aquatic vegetation of the following
vegetative types:
(1) wetland trees, which depend upon seasonal or permanent flooding
or sufficiently water-logged soils to give them a competitive advantage over other
trees; including, among others, red maple (Acer rubruym) , willows (Salix spp.) ,
black spruce (Picea mariana) ; swamp white oak (Quercus bicolar) , red ash (Fraxinus
pennsylvanica) , American elm (U1mus americana) , and larch (Larix laricina) ;
(2) wetland shrubs, which depend upon seasonal or permanent
flooding or sufficiently water-logged soils to give them a competitive advantage
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over other shrubs; including, among others, alder (Alnus spp.) , buttonbush (Cephalanthus
occidentalis) , bog rosemary (Andromeda gla�ylla) , and leatherleaf (Chamaedaphne
calyculata) ;
(3) emergent vegetation, including, among others, cattails (Typha
spp.) , pickerelweed (Pontederia cordata) , bulrushes (Scirpus spp.) , arrow-arum
(Peltandra virginica) , arrowheads (Sagittaria spp.) , reed (Phragmites communis) ,
wildrice (Zizania aquatica) , bur-reeds (Sparganium spp.) , purple loosestrife
(Lythrum salicaria) , swamp loosestrife (Decodon verticillatus) , and water plantain
(Alisma planta�o-aquatica) ;
(4) rooted, floating-leaved vegetation; including, among
others, water-lily (N)mphaea odorata) , watershield (Brasenia Schreberi) , and
spatterdock (Nu har spp.) ;
(5) free-floating vegetation; including, among others, duckweed
(Lemna spp,) , big duckweed (Spirodela polyrhiza) , and watermeal (Wolffia spp.) ;
(6) wet meadow vegetation, which depends upon seasonal or permanent
flooding or sufficiently waterlogged soils to give them a competitive advantage
over other open land vegetation; including, among others, sedges (Carex spp.) ,
rushes (Juncus spp.) , cattails (Typha spp.) , rice cut-grass (Lerrsia oryzoides) ,
reed canary grass (Phalaris arundinacea) , swamp loosestrife (Decodon verticillatus) ,
and spikerush (Eleocharis spp.) ;
(7) bog mat vegetation; including among others, sphagnum mosses
(Sphagnum spp.) , bog rosemary (Andromeda glaucophylla) , leatherleaf (Chamaedaphne
calyculata) , pitcher plant (Sarracenia purpurea) , and cranberries (Vaccinium
macrocargon and V. oxycoccos) ;
(8) submergent vegetation: including, among others, pondweeds
(Potamogeton spp.) , naids (Najas spp,) , bladderworts (Utricularia spp.) , wild
celery (Vallisneria americana) , coontail (Cerat phyllum demersum) , water milfoils
(Myriophyllum spp.) , muskgrass (Chara spp.) , stonewort (Nitella spp.) , waterweeds
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(Elodea ) , and water snartweed (Polygonum amphibium) ;
(b) lands and submerged lands containing remnants of any vegetation
that is not aquatic or semi-aquatic that has died because of wet conditions
over a sufficiently long period, provided that such wet conditions do not
exceed a maximum seasonal water depth of six feet and provided further that
such conditions can be expected to persist indefinitely, barring human inter-
vention;
(c) lands and waters enclosed by aquatic or semi-aquatic veg-
etation as set forthe herein in paragraph (a) and dead vegetation as set forth
in paragraph (b) , the regulation of which is necessary to protect and preserve
the aquatic and semi-aquatic vegetation; and
(d) the waters overlying the areas as set forth in (a) and (b) and
the lands underlying (c) ,
8. "Freshwater wetlands map" means a map on which are indicated the
boundaries of any freshwater wetland and which has been filed with the clerk
of the Town of Queensbury by the State Department of Environmental Conservation
Law, as such map may from time to time be amended.
9. "Local Government" means a city, county, town, or village.
10. "Party in interest" means the applicant, the Agency, the State Depart-
ment of Environmental Conservation, each local government in which the reg-
ulated activity or any part thereof is located, and any person who appears
and wishes to be a party in interest at the public hearing held pursuant to
section 7 of this law,
11. "Person" means any corporation, firm, partnership, association,
trust, estate, one or more individuals, and any unit of government or agency
or subdivisions thereof.
12. "Pollution" measn the presence in the environment of human-induced
conditions or contaminants in quanities or characteristics which are or may
be injurious to humans, plants, animals or property.
13. "Project" means any action which may result in direct or indirect
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physical impact on a freshwater wetland, including but not limited to, any
regulated activity.
14. "Regulated activity" means any form of draining, dredging, excavation,
removal of soil, mud, sand, shells, gravel or other aggregate from
any freshwater wetland, either directly or indirectly; any form of dumping,
filling, or depositing of any soil, stones, sand, gravel, mud, rubbish or
fill of any kind either directly or indirectly; erecting any structures or
roads, the driving of pilings, or placing of any other obstructions whether
or not changing the ebb and flow of the water; any form of pollution, including
but not limited to, installing a septic tank, running a sewer outfall, discharging
sewage treatment effluent or other liquid wastes directly into or so as to
drain into a freshwater wetland; that portion of any subdivision of land that
involves any land in any freshwater wetland or adjacent area; and any other ac-
tivity which substantially impairs any of the several functions served by
freshwater wetlands or the benefits derived therefrom which are set forth in
section 3 of this law.
15. "Selective cutting" means the annual or periodic removal of trees,
individually or in small groups, in order to realize the yield and establish a
new crop and to improve the forest, which removal does not involve the total
elimination of one or more particular species of trees.
16. "State Agency" means any State department, bureau, commission,
board or other agency, public authority or public benefit corporation.
� 17. "State" means the State of New York.
18. "Subdivision of land" means any division of land into two or more lots,
parcels or sites, whether adjoining or not, for the purpose of sale, lease,
license or any form of separate ownership or occupancy (including any grading,
road construction, installation of utilities or other improvements or any other
land use and development preparatory or incidental to any such division) by any
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person or by any person controlled by, under common control with or controlling
such person or by any group of persons acting in concert as part of a common
scheme or plan. Subdivision of land shall include any map, plat or other plan of
division of land, whether or not previously filed. Subdivision of land shall not
include the lease of land for hunting and fishing and other open space recreation
uses and shall not include the division of land by bona fide gift, devise or
inheritance.
Section 5. Permits.
1. Except as provided in subdivision 2 of this section, no person shall
conduct a regulated activity on any freshwater wetland or adjacent area unless
such person has first obtained a permit pursuant to this law.
2. No permit under this law shall be required for:
(a) The deposition or removal of the natural products of freshwater
wetlands and adjacent areas by recreational or commercial fishing, shellfishing,
aquiculture, hunting or trapping, where otherwise legally permitted and reg-
ulated.
(b) The activities of farmers and other landowners in grazing and
watering livestock, making reasonable use of water resources, harvesting natural
products of wetlands or adjacent areas, selective cutting of timber,
draining land or wetlands for growing agricultural products, and otherwise
engaging in the use of wetlands or other land for growing agricultural
products, except those structures not required for enhancement or maintenance
of the agricultural productivity of the land any any filling activities shall
not be excluded hereunder. Each farmer or other landowner who intends to
conduct an otherwise regulated activity shall notify the Agency in writing,
prior to conducting the activity or his or her intention to engage in such
activity, stating the approximate acreage of freshwater wetland or adjacent
area affected, the location thereof, the methods to be employed, and the uses
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to be made of such land. A soil and water conservation plan prepared by a
Soil and Water Conservation District and filed with the Agency shall be deemed
sufficient notification for the purposes of this paragraph.
(c) Public Health activities, orders and regulations of the State
Department of health undertaken in compliance with section 24-0701(5) of
the State Environmental Conservation Law.
(d) Activities subject to the review jurisdiction of the State Public
Service Commission or the New York State Board on Electric Generation Siting
and the Environment under Article 7 or ARticle 8 of the State Public Service
Law, respectively. The standards and restrictions of this law will be applied
by said bodies in determining whether to issue a certificate of environmental
compatibility and public need under such articles.
(e) Any actual and ongoing emergency activity which is immediately
necessary for the protection and preservation of life or property or the pro-
tection or preservation of natural resource values. Such emergency activities
include, for example; search and rescue operations, preventive or remedial
activities related to large-scale contamination of streams or other bodied of
water; floods, hurricanes and other storms; and public health concerns.
Within five days of the end of such an emergency involving the undertaking
of any activity which otherwise would be treated as a regulated activity under
this law, the person chiefly responsible for undertaking such emergency
activity shall send a written statement to the Agency setting forth the
pertinent facts regarding such emergency, including an explanation of the life,
property or resource values such activity was designed to protect or preserve.
(f) Any activity located in a freshwater wetland where such wetland
is located in more than one city, town or village.
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(g) Ordinary maintenance and repairs of existing structures
or improved areas which does not involve expansion or substantial restoration,
reconstruction, rehabilitation or modification, including but not limited
to bridges, roads, highways, railroad bed, bulkheads, docks, piers, pilings
or paved streets.
(h) Any land use, improvement or development for which final
approval shall have been obtained prior to September 1, 1975 from the Town.
As used in this paragraph the term "final approval" shall mean:
(1) in the case of the subdivision of land conditional
approval of a final plat as the term is defined in Section 276 of the Town
Law.
(2) in the case of a site plan not involving the subdivision
of land, approval by the appropriate body or office of the Town of the site
plan; and
(3) in those cases not covered by (1) or (2) above, the
issuance of a building permit or other authorization for the commencement
of the use, improvement or development for which such permit or authorization
was issued.
Section 6. Application for permit; processing.
1. Any person proposing to conduct or cause to be conducted a regulated
activity requiring a permit under this law upon any freshwater wetland or
adjacent area, shall file an application for a permit with the clerk of the
Town of Queensbury. The clerk shall immediately forward such application to
the Agency.
2. An application for a permit shall be filed by the applicant on a
form prescribed by the Agency. Such application shall set forth the purpose,
character and extent of the proposed regulated activity. The application shall
include a detailed description of the regulated activity, a map showing the area
of freshwater wetland or adjacent area directly affected, with the locaton of
the proposed regulated activity thereon, a deed or other legal description
describing the subject property, and such additional information as the
Agency deems sufficient to enable it to make the findings and determinations
required under this law.
The application shall be accompanied by a list of the names of the
owners of record of lands adjacent to the freshwater wetland or adjacent area
upon which the project is to be undertaken and the names of known claimants of
water rights, of whom the applicant has notice, which relate to any land
within, or within one hundred feet of the boundary of, the property on
which the proposed regulated activity will be located.
An application shall not be deemed to be completed or received
until the Agency determines that all such information, including any
additional information requested, has been supplied in a complete and
satisfactory form.
3. The clerk of the Town of Queensbury shall cause a copy of such
completed application to be mailed to all local governments where the proposed
activity or any part thereof is located.
4. Within five days of its receipt of a completed application for a
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permit regarding a porposed regulated activity, the Agency shall provide the
applicant with a notice of application which the applicant shall publish at
his or her own expense at least once in each of at least two newspapers having
a general circulation in the town.
Said notice of application shall be in a form prescribed by the
Agency and shall:
(a) specify that persons wishing to object to the application should
file a notice of objection by a specified date, together with a statement of the
precise grounds of objection to the application, with the Agency;
(b) specify that if no notices of objection are,.timely filed or if
the Agency determines that the proposed activity is of such a minor cause as to
not affect or endanger the balance of systems within any freshwater wetland,
then the Agency, in its discretion, may determine a hearing is not necessary
and dispense with the public hearing; and
(c) specify that the application, including all documents and maps
therewith, is available for public inspection at the office of the clerk of the
Town.
Notwithstanding any other provision of this section, the Agency
may in its discretion dispense with the requirement for a notice of appli-
cation and require a notice of hearing pursuant to subdivision 6 of this
section.
5. (a) No sooner than thirty days and not later than sixty days after
its receipt of a completed application for a permit regarding a proposed
regulated activity, and after the publication of a notice of application
pursuant to subdivision 4 of this section, the Agency shall hold a public
hearing on such application at a suitable location in the Town, which
hearing shall be held pursuant to the provisions of section 7 of this law.
(b) Notwithstanding the provisions of paragraph (a) of this
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subdivision, where no notice of objection to the notice of application pub-
lished pursuant to subdivision 4 of this section shall have been filed within
the time specified by that notice or where the Agency determines that the
proposed activity is of such a minor nature as not to affect or endanger the
balance of systems within any freshwater wetland, the Agency may, in its dis-
cretion, dispense with such hearing. Where the Agency finds that a public
hearing is not necessary, it shall publish a decision setting forth its
reasons therefor, which decision shall be a matter of public record and shall
be mailed to each local government where the proposed regulated activity or
any part thereof will be located. Public notice of such decision that a
public hearing is not necessary shall be provided in the same manner as notice
of application set forth in subdivision 4 of this section.
6. (a) The Agency shall within twenty-one days of receipt of a com-
pleted application provide the applicant with a notice of hearing which the
applicant shall publish at his or her own expense at least fifteen days prior
to the date set for the hearing, at least once in each of at least two news-
papers of general circulation in the Town.
(b) At least fifteen days prior to the date set for the hearing,
the Agency shall be certified mail provide a notice of hearing to each local
government within whose boundaries the proposed regulated activity or any
portion thereof will be located.
(c) At least fifteen days prior to the date set for the hearing
the Agency shall by certified mail provide notice of hearing to all owners
of record of land adjacent to the affected freshwater wetland or adjacent
area and to all known claimants of water rights, of whom the applicant has
notice, which relate to any land within, or within one hundred feet of the
boundary of, the property on which the proposed regulated activity will be
located.
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(d) The notice of hearing shall:
(1) state the name of the applicant;
(2) specify the location and outline the scope of the pro-
posed regulated activity;
(3) specify the date, time and place of the public hearing
on the application;
(4) specify that persons wishing to be parties in interest
and eligible to be heard at such public hearing, if any, should file a notice
of appearance by a specified date, together with a statement of the precise
grounds of support of, opposition to or interest in the application, with
the Agency;
(5) specify that any person who wishes to be a party in
interest without filing a notice of appearance may do so by appearing at the
public hearing and indicating his or her desire to be a party in interest, if
a public hearing is held;
(6) specify that if no notices of appearance are timely filed
by any party in interest and if the applicant waives any public hearing, then
the public hearing may be cancelled by the Agency; and
(7) specify that the application, including all documents
and maps therewith, is available for public inspection at the office of the
clerk of the Town.
7. The Agency shall make the application, including all documents and
maps associated with it, available for public inspection at the office of the
clerk of the Town.
8. If no timely notice of appearance has been filed as provided in the
notice of hearing published pursuant to subdivision 6 of this section and the
applicant waives in writing any public hearing on his or her application, the
Agency may dispense with a public hearing and in such instance shall provide
public notice of the cancellation of the hearing.
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9. For any notice cancelling a hearing which has been scheduled, notice
shall be given on the same basis as the notice of public hearing provided in
subdivision 6 of this section.
10. The Agency may establish permit fees to assist in its implementation
of this law.
Section 7. Public hearing on a permit application.
1. Any public hearing held on a permit application received under this
law shall be conducted by a hearing officer designated by the Agency. The
hearing officer shall have full authority to control the conduct and procedure
of the hearing, and shall be responsible that a complete record of the hearing
be kept. The public hearing shall be held within the Town.
2. (a) Any person may appear as a party in interest, notwithstanding
the failure of such person to file a timely notice of appearance, by appearing
at the hearing and making known his or her desire to be a party in interest.
Persons who are not parties in interest may be allowed to participate in the
hearing where the hearing officer finds that such participation would be in
the public interest.
(b) All parties in interest shall be afforded an opportunity to
present oral and written arguments on issues of law and policy and an
opportunity to call witnesses in their behalf and to present oral and
written evidence on issues of fact. The hearing officer shall permit the
parties in interest to cross-examine witnesses but may limit such cross-
examination to avoid the introduction of irrelevant or repetitious material
in the record of the hearing.
Section 8. Decision on permit application.
1. Where a public hearing has been held regarding a permit application
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the Agency shall either issue the permit requested, with or without conditions
or deny the application.
The decision by the Agency to issue or deny a permit after public
hearing shall be based on the record of the hearing and shall be made in
writing within thirty days of the Agency's receipt of the hearing record.
2. Where no public hearing regarding a permit application has been held,
either because a hearing was determined not to be necessary pursuant to
paragraph b of subdivision 5 of section 6 of this law or because no notice of
appearance was filed with regard to the public hearing and a hearing was
cancelled pursuant to subdivision 8 of section 6 of this law, the Agency shall
compile an official file consisting of documents submitted by the applicant and
any additional documents relied on by the Agency with respect to the applica-
tion. The Agency may also take notice of general, technical or scientific facts
within the specialized knowledge of the Agency. Any document made part of such
official file shall be available for inspection by the applicant and any
interested member of the public. On the basis of such file, the Agency
shall either issue the permit requested, with or without conditions, deny
the application or order a public hearing to be held pursuant to the pro-
visions of this law.
The decision by the Agency to issue or deny a permit or to order
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that a hearing be held shall be based on the official file and shall be made
in writing within thirty days of its completion of the official file and in
any event within sixty days of its receipt of a completed application. Pro-
vided, that in the case where there have been no objections filed regarding
a proposed project, the issuance of a permit shall be deemed to be a written
decision by the Agency.
3. A copy of the decision of the Agency on each application for a
permit under this law shall be mailed by the Agency as soon as practicable
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following such decision to the applicant and to each local government within
whose boundaries the proposed regulated activity or any portion thereof is
located and, if a public hearing has been held regarding the application, to
each party in interest.
Section 9. Standards for permit decisions.
1. In granting, denying or conditioning any permit, the Agency shall
consider the effect of the proposed activity with reference to the public
health and welfare, fishing, flood, hurricane and storm dangers, and protec-
tion or enhancement of the several functions of the freshwater wetlands and
the benefits derived therefrom which are set forth in section 3 of this law.
2. No permit shall be issued by the Agency pursuant to this law unless
the Agency shall find that:
(a) the proposed regulated activity is consistent with the policy
of this law to preserve, protect and conserve freshwater wetlands and the
benefits derived therefrom, to prevent the despoliation and destruction of
freshwater wetlands, and to regulate the development of such wetlands in
order to secure the natural benefits of freshwater wetlands, consistent with
the general welfare and beneficial economic, social and agricultural devel-
opment of the town.
(b) the proposed regulated activity is consistent with the land
use regulations applicable in the Town pursuant to section 24-0903 of Article 24
of the State Environmental Conservation Law;
(c) the proposed regulated activity is compatible with the public
health and welfare;
(d) the proposed regulated activity is reasonable and necessary; and
(e) there is no reasonable alternative for the proposed regulated
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activity on a site which is not a freshwater wetland or adjacent area.
The applicant shall have the burden of demonstrating that the pro-
posed regulated activity will be in accord with the standards set forth in
this subdivision.
3. Duly filed written notice by the State or any agency or subdivision
thereof to the Agency, that the State or any such agency or subdivision is
in the process of acquiring the affected freshwater wetland on which a pro-
posed regulated activity would be located by negotiation or condemnation shall
be sufficient basis for denial of a permit for such regulated activity. Such
notice may be provided at any time prior to the Agency's decision to issue
or deny a permit for the regulated activity.
Section 10. Conditions to a permit.
1. Any permit issued pursuant to this law may be issued with conditions.
Such conditions may be attached as are necessary to assure the preservation
and protection of affected freshwater wetlands and to assure compliance with
the policy and provisions of this law and the provisions of the Agency's
rules and regulations adopted pursuant to this law.
2. Every permit issued pursuant to this law shall contain the following
conditions:
(a) the Agency shall have the right to inspect the project from
time to time;
(b) the permit shall expire on a date certain.
(c) the permit holder shall notify the Agency of the date on which
project construction is to begin, at least five days in advance of such date,
and
(d) the Agency's permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit.
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3. The Agency shall set forth in writing the file it keeps regarding a
permit application, its findings, and reasons for all conditions attached to
any permit.
Section 11. General powers of the Agency.
In order to carry out the purposes and provisions of this law, the Agency
shall have the following powers:
1. To appoint officers, agents, employees, and prescribe their duties and
qualifications and fix their compensation;
2. To adopt, amend, and repeal, after public hearing (except in the case
of rules and regulations that relate to the organization or internal management
of the Agency) , such rules and regulations, consistent with this law, as it
deems necessary to administer this law, and to do any and all things necessary
or convenient to carry out the purpose and policies of this law;
3. To contract for professional and technical assistance and advice; and
4. To hold hearings and subpoena witnesses in the exercise of its powers,
functions and duties provided for by this law.
Section 12. Other laws and regulations.
1. To the greatest extent practicable, any public hearing held pursuant
to section 7 of this law shall be incorporated with any public hearing required
by or pursuant to the New York State Town Law, Village Law, General City Law,
General Municipal Law or Environmental Conservation Law relating to approvals
or permits otherwise required for the undertaking of regulated activities on the
freshwater wetland or adjacent area in question.
2. No permit granted pursuant to this law shall remove any person's
obligation to comply in all respects with the applicable provisions of any other
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Federal, State or local law or regulation, including but not limited to the
acquisition of any other required permit or approval.
Section 13. Bonding requirements.
1. The Agency may require that, prior to commencement of work under any
permit issued pursuant to this law, the permittee shall post a bond with the
Agency, in an amount determined by the Agency, conditioned upon the faithful
compliance with the terms of such permit and for the indemnification of the
Town for restoration costs resulting from failure to so comply. Such bond
shall be issued by a corporate surety authorized to do business in the State
and shall be in favor of the Town. It shall remain in effect until the Agency
certifies that the work has been completed in compliance with the terms of the
permit or the bond is released by the Agency, or a substitute bond is provided.
2. The Agency shall set forth in writing in the file it keeps regarding
a permit application its findings and reasons for imposing a bond pursuant
to this section.
Section 14. Suspension or revocation of permits.
1. The Agency may suspend or revoke a permit issued pursuant to this law
where it finds that the permittee has not complied with any or all terms of
such permit, has exceeded the authority granted in the permit, or has failed
to undertake the project in the manner set forth in the application.
2. The Agency shall set forth in writing in the file it keeps regarding
a permit application its findings and reasons for revoking or suspending a permit
pursuant to this section.
Section 15. Violation; penalties.
1. Administrative sanctions. Any person who violates, disobeys or dis-
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regards any provision of this law, including any provision of any permit issued
pursuant to this law or any rule or regulation adopted by the Agency pursuant to
this law, 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 Agency. Such penalty may be recovered in an action brought by the Attorney
General at the request and in the name of the Agency in any court of competent
jurisdiction. Such civil penalty may be released or compromised by the Agency
before the matter has been referred to the Attorney General, and 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
Agency. In addition, the Agency shall have power, following a hearing held in
conformance with the procedures set forth in section 71-1709 of the State
Environmental Conservation Law, to direct the violator to cease his or her
violation of this law 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 Agency. Any such order
of the Agency shall be enforceable in an action brought by the Attorney
General at the request and in the name of the Agency in any court of com-
petent jurisdiction. Any civil penalty or order issued by the Agency pursuant
to this subdivision shall be reviewable in a proceeding pursuant to Article 78
of the State Civil Practice Law and Rules.
2. Criminal sanctions. Any person who violates an order, permit or rule
or regulation of the Agency regulating freshwater wetlands and adjacent areas
pursuant to this law 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 or she shall
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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 fresh-
water 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 Agency. 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.
Section 16. Enforcement.
1. The Attorney General, upon his or her own initiative or upon complaint
of the Agency, shall prosecute persons alleged to have violated any such order
of the Agency pursuant to this law.
2. The Agency shall have the right to seek equitable relief to restrain
any violation or threatened violation of any provisions of this law.
Section 17. Review and appeal.
1. Any decision or order of the Agency, or any officer or employee
thereof, made pursuant to or within the scope of this law may be reviewed at
the instance of any person affected thereby, including but not limited to any
owner of the affected wetland or adjacent area and any resident or citizen of
the Town, by the Board in accordance with title 11 of Article 24 of the State
Environmental Conservation Law, provided such review is commenced by the filing
with the Board of a notice of review within thirty days after service of such
order or notice of such decision give, as the case may be.
2. Any party to any proceeding before the Agency may make an appeal to
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JOp r
the Board in accordance with title 11 of Article 24 of the State Environmental
Conservation Law from any order or decision of the Agency, or any officer or
employee thereof, issued or made pursuant to or within the scope of this law,
provided such appeal is commenced by the filing with the Board of a notice of
appeal within thirty days after service of such order or after notice of such
decision given, as the case may be.
3. Any decision or order of the Agency, or any officer or employee thereof,
made pursuant to or within the scope of this law may be reviewed at the instance
of any person, including but not limited to any any owner of the affected wet-
land or adjacent area and any resident or citizen of the Town, in accordance
with Article 78 of the State Civil Practice Law and Rules, provided such review
is commenced within thirty days of the filing of such decision or order; and
the limitation upon the availability of such remedy as prescribed in section
7801 of the Civil Practice Law and Rules shall not be applicable to the applications
for review of determinations and orders made pursuant to this law.
4. The institution of a judicial proceeding to review a determination
or order of the Agency shall preclude the institution of a proceeding before
the Board to review such a determination or order. The availability of such
by the Board shall not affect the right of any person to seek review of a
determination of the Agency as provided in Article 78 of the State Civil
Practice Law and Rules.
Section 18. Severability.
If any section of this law or the application thereof to any person or
circumstances shall be adjudged invalid by a court of competent jurisdiction,
such order or judgment shall be confined in its operation to the controversy in
which it was rendered and shall not affect or invalidate the remainder of any
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provision of any section or the application of any part thereof to any other
person or circumstances and to this end the provisions of each section of this
law are hereby declared to be severable.
Section 19. Non-Applicability to activities involving Freshwater
wetlands located within Adirondack Park
By virtue of section 24-0707 of the Environmental Conservation Law, this
law and the procedures established hereby are not applicable to activities
which involve freshwater wetlands located within the Adirondack Park.
Section 20. Effective date.
This law shall take effect upon the filing with the clerk of the Town of
the final freshwater wetlands map by the State Department of Environmental
Conservation pursuant to section 24-0301 of the New York State Environmental
Conservation Law applicable to any or all lands within the Town.
CERTIFICATE OF TOWN CLERK
I, DONALD A. CHASE, Town Clerk of the Town of Queensbury, County of
Warren, State of New York, do hereby certify that the foregoing FRESHWATER
WE TANDS PRO=ION LAW is a true and accurate copy of a local law duly
adopted by the Town Board of the Town of Queensbury on the 24th day of
August, 1976.
Donald A. Chase
CERTIFICATE OF TOWN COUNSEL
I, JOSEPH R. BRENNAN, Town Counsel of the Town of Queensbury, County
of Warren, State of New York, do hereby certify that the foregoing certified
copy of the FRESHWATER WETLANDS PROTECTION LAW of the Town of Queensbury,
Warren County, New York contains the correct text of said local law and that
all proper proceedings in accordance with law have been had or taken for the
enactment of such local law.
Joseph R. Brennan