¶ Determination confirmed and proceeding dismissed on the merits, with one bill of costs to the respondent.
¶ The commissioner found that petitioner placed fill in an inventoried intertidal marsh without permits in violation of provisions of the ECL. In challenging that determination, petitioner contends that inasmuch as the placing of fill was done as an aquacultural activity, it was excluded from regulation under ECL 25-0401 (subd 3), and that to the extent...
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