Dutchess County , NY
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[HISTORY: Adopted by Dutchess County 12-13-1976 by L.L. No. 2-1977. Amendments noted where applicable.]
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:
Projects for which applications have been filed pursuant to Article VII of the Public Service Law;[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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;
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.