N.Y. Environmental Conservation Law 24-0803 – Transfer of jurisdiction to local government
§ 24-0803. Transfer of jurisdiction to local government.
Terms Used In N.Y. Environmental Conservation Law 24-0803
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Notwithstanding anything in Article 27 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 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.