ELR Citation: ELR 20804
No(s). 255 (N.Y. Dec 21, 1989)

The court holds that the New York Freshwater Wetlands Act (FWA) preempts a local wetlands and drainage law because the state retains regulatory authority over freshwater wetlands until the local government meets statutory and regulatory requirements needed to assume jurisdiction over its wetlands. The locality refused to grant a wetlands permit after the State Department of Environmental Conservation (DEC) granted a state wetlands permit. The court first holds that the locality did not comply with the statutory and regulatory requirements needed to assume local jurisdiction over the regulation of the freshwater wetlands. The court holds also that the state DEC exercised its jurisdiction to grant a state wetlands permit. The FWA establishes a scheme where either the state or local government, but not both, will exercise jurisdiction over state-mapped freshwater wetlands within a locality's boundaries.

Counsel for Appellant
Steve S. Efron, Mary A. Ciabattari
Ciabattari & Ciabattari
483 Ashford Ave., Ardsley NY 10502
(914) 693-2199

Counsel for Respondents
Michael J. Grace, Town Attorney
Town of Yorktown
Box 703, 363 Underhill Ave., Yorktown Heights NY 10598
(914) 962-5722