State Codes and Statutes
Statutes > New-york > Env > Article-24 > Title-11 > 24-1101§ 24-1101. Freshwater wetlands appeals board. 1. There is hereby created in the department an appeals board, to be known as the freshwater wetlands appeals board, hereinafter in this article referred to as the board, consisting of five members. 2. Four members of such board shall be appointed by the governor for terms of two years; and one member shall be appointed by the governor for a term of three years, by and with the advice and consent of the senate, who shall be the chairman of such board and serve as its chief executive officer. No member of the board shall be an employee of the state or any political subdivision thereof. The chairman of the board shall have the power and the duty to (i) promote the efficient transaction of the business of the board; (ii) appoint such employees and agents as he may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties; (iii) prepare an annual operating budget to be submitted to the commissioner for inclusion in the department's annual budget request; and (iv) enter into contracts, within the limits of such operating budget, for the purposes of carrying out the provisions of this title. Each member shall continue to hold office until his successor is appointed or designated and duly qualified. A member chosen to fill a vacancy created otherwise than by expiration of a term shall be designated or appointed, as the case may be, for the unexpired term of the member whom he is to succeed. 3. Appeals shall be heard by one member of the board in one of the counties wherein the freshwater wetlands affected by such appeal are located and a majority vote of the members of the entire board shall be necessary for a determination of such appeal. 4. The chairman of the board and two other members shall be attorneys, admitted to practice before the supreme court. Each member of the board, including the chairman, shall be reimbursed for actual and necessary expenses incurred in the performance of his duties and shall be compensated for his services at the rate of two hundred fifty dollars per day, provided, however, that the aggregate compensation for any one year of service for a member, other than the chairman, shall not exceed fifteen thousand dollars. The aggregate compensation for the chairman for any year of service shall not exceed twenty thousand dollars. A member may be removed by the governor for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.
