This chapter shall be known as the "Freshwater Wetlands Protection Law of Monroe County."
The following terms, phrases, words and their derivatives shall have the meanings given herein:
ADJACENT AREA Any land in Monroe County immediately adjacent to a freshwater wetland lying within 100 feet, measured horizontally, of the boundary of a freshwater wetland.
AGENCY The Monroe County Department of Planning.
APPLICANT Any person who files an application for any permit issued by the agency pursuant to this chapter; and includes the agent of the owner or a contract vendee.
BOARD The Freshwater Wetlands Appeals Board established by Article 24 of the State Environmental Conservation Law.
BOUNDARIES OF A FRESHWATER WETLAND The outer limit of the vegetation specified in Subsections A and B of the definition of "freshwater wetlands" and of the waters specified in Subsection C of such definition.
FRESHWATER WETLANDS Lands and waters lying within the boundaries of Monroe County 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 semiaquatic vegetation of the following vegetative types:
(1) Wetland trees, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other trees, including, among others, red maple (Acer rubrum), willows (Salix species), black spruce (Picea mariana), swamp white oak (Quercus bicolor), red ash (Fraxinus pennsylvanica), American elm (Ulmus americana) and larch (Larix laricina).
(2) Wetland shrubs, which depend upon seasonal or permanent flooding or sufficiently waterlogged soils to give them a competitive advantage over other shrubs, including, among others, alder (Alnus species), buttonbush (Cephalanthus occidentalis), bog rosemary (Andromeda glaucophylla), and leatherleaf (Chamaedaphne calyculata).
(3) Emergent vegetation, including, among others, cattails (Typha species), pickerelweed (Pontederia cordata), bulrushes (Scirpus species), arrow arum (Peltandra virginica), arrowheads (Sagittaria species), reed (Phragmites communis), wild rice (Zizania aquatica), burreeds (Sparganium species), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantago-aquatica).
(4) Rooted, floating-leaved vegetation, including, among others, waterlily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar species).
(5) Free-floating vegetation, including, among others, duckweed (Lemna species), big duckweed (Spirodela polyrhiza) and watermeal (Wolffia species).
(6) Wet meadow vegetation, which depends upon seasonal or permanent flooding or sufficiently waterlogged soils to give it a competitive advantage over other open land vegetation, including, among others, sedges (Carex species), rushes (Juncus species), cattails (Typha species), rice cut-grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife (Decodon verticillatus) and spike rush (Eleocharis species).
(7) Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum species), bog rosemary (Andromeda glaucophylla), leatherleaf (Chamaedaphne calyculata), pitcher plant (Sarracenia purpurea) and cranberries (Vaccinium macrocarpon and Vaccinium oxycoccos).
(8) Submergent vegetation, including, among others, pondweeds (Potamogeton species), naiads (Naias species), bladderworts (Utricularia species), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum species), muskgrass (Chara species), stonewort (Nitella species), waterweeds (Elodea species) and water smartweed (Polygonum amphibium).
B. Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic 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 intervention.
C. Lands and waters enclosed by aquatic or semiaquatic vegetation as set forth herein in Subsection
A and dead vegetation as set forth in Subsection
B, the regulation of which is necessary to protect and preserve the aquatic and semiaquatic vegetation.
D. The waters overlying the areas as set forth in Subsections
A and
B and the lands underlying the areas as set forth in Subsection
C.
FRESHWATER WETLANDS MAP A map on which are indicted the boundaries of any freshwater wetland and which has been filed with the Clerk of the County of Monroe by the State Department of Environmental Conservation pursuant to § 24-0301 of the State Environmental Conservation Law.
PARTY IN INTEREST The applicant, the agency, the State Department of Environmental Conservation, each local government in which the regulated 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 §
377-7 of this chapter.
PERSON Any corporation, firm, partnership, association, trust, estate, one or more individuals and any unit of government or agency or subdivision thereof.
POLLUTION The presence in the environment of human-induced conditions or contaminants in quatities or characteristics which are or may be injurious to humans, plants, animals or property.
PROJECT Any action which may result in direct or indirect physical impact on a freshwater wetland, including but not limited to any regulated activity.
REGULATED ACTIVITY 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 the 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 or 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 activity which substantially impairs any of the several functions served by freshwater wetlands or the benefits derived therefrom which are set forth in §
377-3 of this chapter.
SELECTIVE CUTTING 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.
STATE AGENCY Any state department, bureau, commission, board or other agency, public authority or public benefit corporation.
STATE The State of New York.
SUBDIVISION OF LAND 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 person or by any other 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.
In order to carry out the purposes and provisions of this chapter, the agency shall have the following powers:
A. To appoint officers, agents, employees and prescribe their duties and qualifications and fix their compensation.
B. 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 chapter, as it deems necessary to administer this chapter and to do any and all things necessary or convenient to carry out the purpose and policies of this chapter.
C. To contract for professional and technical assistance and advise.
D. To hold hearings and subpoena witnesses in the exercise of its powers, functions and duties provided for by this chapter.
This chapter shall take effect upon the filing with the Clerk of Monroe County of the final freshwater wetlands map by the State Department of Environmental Conservation pursuant to § 24-0301 of the New York State Environmental Conservation Law applicable to any or all lands within Monroe County.