People v. Bondi

OPINION OF THE COURT

C. Benn Forsyth, J.

The defendant, landowner, was charged with a violation of article 24 of the Environmental Conservation Law in that he modified freshwater wetlands without a permit. The People claim that he filled in wetland, and that he removed tree stumps with a bulldozer without a permit.

The threshold question is whether or not these were wetlands subject to ECL article 24. That law states that wetlands are those shown on a map as prepared by the commissioner. The parties concede that no such map has been prepared of the defendant’s lands. The commissioner argued that…