[HISTORY: Adopted by Dutchess County 12-13-1976 by L.L. No. 2-1977. Amendments noted where
applicable.]
STATUTORY REFERENCES
Regulation of freshwater wetlands — See Environmental
Conservation Law Art. 24 and Art. 71, Title 23.
Pursuant to § 24-0501 of the New York State Freshwater
Wetlands Act (Article 24 of the New York Environmental Conservation
Law), the County of Dutchess shall fully undertake and exercise its
regulatory authority with regard to activities subject to regulation
under the Act in freshwater wetlands, as shown on the Freshwater Wetlands
Map, as such may from time to time be amended, filed by the Department
of Environmental Conservation pursuant to the Act, and in all areas
adjacent to any such freshwater wetland up to 100 feet from the boundary
of such wetland. Such regulatory authority shall be undertaken and
exercised in accordance with all of the procedures, concepts and definitions
set forth in Article 24 of the New York Environmental Conservation
Law and Title 23 of Article 71 of such law relating to the enforcement
of Article 24, as such law may from time to time be amended.
This chapter shall not apply to the following exceptions:
B.
Emergency work which is immediately necessary to protect the health,
safety, and well-being of any person or prevent damage to personal
or real property;
C.
Ordinary maintenance and repair 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 beds, bulkheads, docks,
piers, pilings, or paved areas.
This chapter, adopted on December 13, 1976, shall take effect
upon filing with the Clerk of the County of Dutchess of the final
Freshwater Wetlands Map by the New York State Department of Environmental
Conservation pursuant to § 24-0301 of the Freshwater Wetlands
Act applicable to any or all lands within the County of Dutchess.
