N.Y. ENV Law § 24-0505

§ 24-0505. Exemption from local implementation.\n The commissioner, by rule, may exempt from local implementation under\nthis title those freshwater wetlands which, by reason of their size or\nspecial characteristics of unique environmental value or by reason of\ncommon characteristics, are appropriately to be administered pursuant to\nthis article by the department alone. Such rule, based upon findings of\nfact made after public hearing, may relate to classes of wetlands based\non size or particular characteristics, or to particular wetlands the\ncharacteristics of which make them subject to the exercise of the\ncommissioner's discretion pursuant to this section. The commissioner\nshall make an order to such effect in each such instance and send a\ncertified copy thereof to the executive officer of each local government\naffected thereby within ten days of his signing the same; such order\nshall not take effect until forty days after such signing.\n