Drexler v. Town of New Castle
New York Court of Appeals
POINTS OF COUNSEL I. The New York State Department of Environmental Conservation has exclusive jurisdiction over the freshwater wetlands area of which appellant’s property constitutes a part. II. Appellant’s property does not constitute part of freshwater wetlands and, therefore, appellant was not required to obtain a permit at any time. III.
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POINTS OF COUNSEL I. The New York State Department of Environmental Conservation has exclusive jurisdiction over the freshwater wetlands area of which appellant’s property constitutes a part. II. Appellant’s property does not constitute part of freshwater wetlands and, therefore, appellant was not required to obtain a permit at any time. III. Respondents failed to comply with the act because they did not file a proper map designating the freshwater wetlands in the Town of New Castle. (Town of Monroe v Carey, 96 Mise 2d 238, 46 NY2d 847; Keeney v Village ofLeRoy, 22 159; Matter of Off Shore…
1Opinion of the Court
*416OPINION OF THE COURT
Jasen, J.
The central issue on this appeal is whether a town may regulate the use of wetlands which are not designated on the State Freshwater Wetlands map, without filing or promulgating a map identifying such local wetlands. This is the first occasion that this court has been asked to delineate the role of a local government under the Freshwater Wetlands Act. (Environmental Conservation Law [ECL], art 24.) The material facts are not in dispute, and only a brief recitation is necessary to illustrate the question thus presented.
In July, 1979, prior to taking title to the…
2Cases cited1 opinion
- Spears v. BerleNew York Court of Appeals · 1979
3Cited by8 opinions
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- D.B.S. Realty, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1994
- Wedinger v. GoldbergerAppellate Division of the Supreme Court of the State of New York · 1987
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