§ 39-1. Assumption of regulatory authority over freshwater wetlands.

Pursuant to § 24-0501 of the New York State Freshwater Wetlands Act (Article 24 of the New York Environmental Conservation Law), the Town of Oneonta 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 map 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, with the following exceptions:

A. 

Projects for which applications have been filed pursuant to Article VII and Article VIII of the Public Service Law.

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.

Editor's Note: See Environmental Conservation Law § 71-2301 et. seq.