This chapter shall be known and may be cited as the "Freshwater Wetlands
Protection Law of the Town of Brant."
The Town of Brant finds that freshwater wetlands are invaluable resources
for flood protection, wildlife habitat, open space, water resources and recreation
and other benefits associated therewith which, if preserved and maintained
in an undisturbed, natural condition, constitute important assets, to existing
and future residents of the town. It is the intent of town officials to protect
the citizens of the Town of Brant by preserving, protecting and conserving
freshwater wetlands and the benefits derived therefrom and to prevent the
despoiliation and destruction of freshwater wetlands, consistent with the
general welfare and beneficial economic, social and agricultural development
of the town.
The Planning Board shall be the responsible town agency for the implementation,
administration and enforcement of this chapter and shall also exercise those
powers, functions, duties and responsibilities developed upon the town by
Article 24 of the Environmental Conservation Law, excepting therefrom those
functions, powers, duties and responsibilities limited to the Town Board or
other town agency or official by law.
Within an officially designated wetland, any person proposing to conduct
or cause to be conducted any of the activities specified below (in Subsections
A through E) shall be required to file an application for a permit with the
Town Clerk. These activities are subject to regulation whether or not they
occur upon the wetland itself, if they impinge upon or otherwise effect the
wetlands; provided, however, that no regulation shall apply to any area situated
more than 100 feet from the boundary of such wetland or any such greater or
lesser distance herefrom as determined by the Planning Board. Activities requiring
such a permit are as follows:
A. Erecting any structures, roads, the driving of pilings
or placing of any other obstructions whether or not changing the ebb and flow
of the water.
B. Any form of pollution, including but not limited to installing
a septic tank, running a sewer outfall, discharging sewage treatment effluent
or other liquid wastes into or so as to drain into a freshwater wetland.
C. Any form of draining, dredging, excavation, removal of
soil, mud, sand, shells, gravel or other aggregate.
D. Any form of dumping, filling or depositing of any soil,
stones, sand, gravel, mud, rubbish or fill of any kind, either directly or
indirectly.
E. Any other activity which impairs any of the several functions
served by freshwater wetlands or the benefits derived therefrom which are
set forth in § 24-0105 of the Environmental Conservation Law.
No permit under this chapter shall be required for the following activities:
A. The deposition or removal of the natural products of
freshwater wetlands and adjacent areas by recreational or commercial fishing,
shellfishing, aquaculture, hunting or trapping, where otherwise legally permitted
and regulated.
[Amended 9-16-1992 by L.L. No. 2-1992]
B. The activities of farmers and other landowners in grazing
and watering livestock, making reasonable use of water resources, harvesting
natural products of wetlands selectively cutting timber, draining land or
wetlands for growing agricultural products and otherwise engaging in the use
of wetlands or other land for growing agricultural products, except that structures
not required for enhancement or maintenance of the agricultural productivity
of the land and any filling activities shall not be excluded hereunder, and
provided that the use of land designated as a freshwater wetland upon the
Freshwater Wetlands Map at the effective date thereof for uses other than
those referred to in this subsection shall be subject to the provisions of
this chapter. Each farmer or landowner who intends to conduct an activity
described in §
91-4A or
B above which would otherwise be regulated
shall notify the Planning Board, in writing, of such an intention, Elements
to be included are as follows:
[Amended 9-16-1992 by L.L. No. 2-1992]
(1) The general location of the proposed activity.
(2) A description of the activity.
(3) The acreage to be affected.
(4) The methods to be employed to effectuate the activity.
C. Public health activities and those conducted pursuant
to lawful orders and regulations of a state or local public health department
or agency.
D. Authorization pursuant to any other law, rule or regulation
to conduct activities which are not subject to regulation under this chapter
shall not exempt such activities from the requirements hereof.
The enforcement of this chapter shall be pursuant to the provisions
of Title 23 of Article 71 of the Environmental Conservation Law.
As used in this chapter, the following terms shall have the meanings
indicated:
BOUNDARIES OF FRESHWATER WETLANDS
Outer limit of vegetation as specified in Paragraphs (a) and (b)
of Subdivision 1 of § 24-0107 of the Environmental Conservation
Law and of the waters specified in Paragraph (c) of such subdivision.
ENVIRONMENTAL CONSERVATION LAW
The Environmental Conservation Law of the State of New York, being
Chapter 614 of the Laws of the State of New York of 1975, as amended.
FRESHWATER WETLANDS
Lands and waters within the boundaries of the Town of Brant as shown
on Freshwater Wetland Maps.
FRESHWATER WETLANDS MAP
A map on which is indicated the boundaries of any freshwater wetland
and which has been duly filed with the Town Clerk and the Planning Board by
the State Department of Environmental Conservation.
PERSON
Any person, state, applicant, agency, firm, partnership, corporation,
association, trust, estate, public authority or public benefit corporation
and any unit of government or an agency or subdivision thereof.
POLLUTION
Presence in the environment of human-induced conditions or contaminants
in quantities which are or may be injurious to humans, plants, animals or
property.