5.06.040 Wetlands Inventory

(a) The Environment Division shall complete a study to identify and map, to the extent practicable, the wetlands of Akwesasne (the "Wetlands Inventory").

(b) Upon completion of the wetlands inventory, the Environment Division shall prepare a tentative wetlands map outlining the boundaries of such wetlands as determined by the study and inventory conducted under subdivision (a) of this section.

(c) The tentative wetlands map shall set forth the general boundaries of such wetlands as accurately as is practicable to inform the landowners, the Tribe, and the Environment Division of the approximate location of the wetlands.

(d) Upon completion of the tentative wetlands map, the Environment Division shall hold a public hearing in order to afford an opportunity for any person to propose additions or deletions from such map. The Environment Division shall assure that a copy of the relevant map is available for public inspection at a convenient location, no more than thirty nor less than 10 days before the public hearing. The Environment Division shall also issue notice of the public hearing in a local newspaper, at least once, no later than 10 days prior to the hearing.

(e) After considering the rights of affected property owners and the ecological balance in accordance with the policy and purposes of this chapter, the St. Regis Mohawk Tribal Council shall promulgate by order the final wetlands map. A copy of the order, together with a copy of the wetlands map shall be filed in the offices of the Environment Division, and will be available for public review at a location or locations found by the Environment Division to be most publicly accessible. The Environment Division shall also publish a final notice of promulgation in a local newspaper.

(f) Upon completion, the Environment Division may readjust the map to clarify the boundaries of the wetlands, to correct any errors in the map, to make any additions, deletions or technical changes in the map, and to reflect changes that have occurred from the granting of permits pursuant to Section 5.06.050 and Section 5.06.060 of this chapter, or natural changes which may have occurred through erosion, accretion, wildlife activity, storm events, or otherwise. Notice of such readjustment shall be given in the same manner as set forth in subdivision (d) of this section for the promulgation of the final wetlands map.

(g) The Environment Division may, upon its own initiative, and in its sole discretion, identify more precisely the boundary line or lines of a wetland or portion thereof. Such more precise identification shall be of appropriate scale and sufficient clarity to permit the ready identification of individual buildings and of other structures or facilities or significant geographical features with respect to the boundary of any wetland. In making its determinations under this chapter, the Environment Division may consider the results of any additional delineations funded by individual applicants.