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This entry was published on 2014-09-22
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SECTION 24-0803
Transfer of jurisdiction to local government
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 24, TITLE 8
§ 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, or land use and development or subdivision involving,
those wetlands located on private lands which it finds, due to their
size or other characteristics, are of lesser regional importance and are
appropriately to be administered by such local governments alone.

2. The agency shall not transfer such jurisdiction unless the town or
village (a) has adopted and implemented a local freshwater wetlands
protection law or ordinance or has in a local land use program provided
by local law or ordinance for the protection of such wetlands, which law
or ordinance:

(i) meets the criteria set forth in subdivision two of section 24-0501
of this article,

(ii) provides for a review of regulated activities, land use and
development and subdivision pursuant to the standards set forth in
subdivision two of section 24-0801 of this article, and

(iii) contains at a minimum land use regulations meeting the criteria
of subdivision one of section 24-0903 of this article; and

(b) possesses the technical or administrative capacity to administer
the local law or ordinance.

3. In connection with a transfer of its jurisdiction pursuant to this
section, the agency may impose reasonable conditions in furtherance of
the policies and purposes of this article and of article twenty-seven of
the executive law.

4. A local government regulating wetlands pursuant to this section
shall have the right to charge such fees and expenses to an applicant
for official action as shall enable it to recover the costs incurred by
reason of such application.

5. The technical services of the department or the agency shall be
made available to towns and villages, on a fee basis, in the
implementation of the procedures set forth in this section.