N.Y.
Environmental Conservation Law Section 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.
Considerable acreage of freshwater wetlands in the state of New York has been lost, despoiled or impaired by unregulated draining, dredging, filling, excavating, building, pollution or other activities inconsistent with the natural uses of such areas. Freshwater wetlands are in jeopardy of being lost, despoiled or impaired by such activities and because of the recent curtailment of federal wetland protections.3.
Recurrent flooding aggravated or caused by the loss of freshwater wetlands has serious effects upon natural ecosystems and communities. The increasing severity and duration of storm-related flooding due to climate change, which has caused billions of dollars of property damage across the state, makes protection of all freshwater wetlands in the state of vital importance.4.
Freshwater wetlands conservation is a matter of state concern since a wetland in one region is affected by acts on rivers, streams and wetlands of other regions.5.
The natural systems affecting freshwater wetlands overlap many localities. While many local governments individually have enacted ordinances to conserve freshwater wetlands and to reduce flood hazards and losses, effective freshwater wetlands management requires uniformity in laws to eliminate inconsistent or conflicting local laws. One locality alone lacks adequate jurisdiction to protect itself from misuse or neglect of adjacent localities.6.
Freshwater wetlands are an integral part of the unique scenic, aesthetic, wildlife, recreational, open space, ecological and natural resources of the Adirondack park and are recognized and protected by the Adirondack park agency act. The act provides a mechanism for the regulation of Adirondack wetlands by the Adirondack park agency and local governments which is consistent with both the state interest in the preservation and development of the park area and the state policy to preserve, protect and conserve freshwater wetlands expressed in this article.7.
Any loss of freshwater wetlands deprives the people of the state 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, endangered or threatened species, fish, reptiles and amphibians, insects and other invertebrates;(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 and carbon sinks;(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 accessible outdoor bio-physical laboratories, living classrooms and vast training and education resources;(h)
open space and aesthetic appreciation by providing often the only remaining open areas along crowded river fronts and coastal Great Lakes regions;(i)
sources of nutrients in freshwater food cycles and nursery grounds and sanctuaries for freshwater fish;(j)
preservation of plant species that are rare, endangered or threatened, or exploitably vulnerable as defined in § 9-1503 (Removal of protected plants)section 9-1503 of this chapter; and(k)
preservation of communities of plants and animals that are deemed by the commissioner to be rare in the state or in a region of the state.8.
Regulation of freshwater wetlands, in accordance with the agricultural exemption established in title seven 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.
Source:
Section 24-0105 — Statement of findings, https://www.nysenate.gov/legislation/laws/ENV/24-0105 (updated Apr. 22, 2022; accessed Oct. 26, 2024).
