The recently-enacted 2012-2013 New York State Budget has eliminated one of the State’s longstanding administrative institutions: the Freshwater Wetlands Appeals Board (“FWAB”). The FWAB was established in 1976 to provide a specialized forum for the expeditious review of Department of Environmental Conservation (“DEC”) decisions involving freshwater wetlands, as an alternative to Article 78 proceedings under the Civil Practice Law and Rules. The Budget Bill repeals the FWAB’s enabling legislation but authorizes the FWAB to decide its pending cases. No new cases can be heard.
For more information, contact Michael Bogin, who also serves as a member of the FWAB.