(1) Any person proposing to conduct or cause to be conducted a regulated activity upon any freshwater wetland must file an application for a permit, or request in writing a letter of permission, when appropriate, with the clerk of the local government having regulatory authority. The local government will review the application or request in accordance with the act, this Part, and all other applicable laws and rules. Such application or request must include a detailed description of the proposed activity and a map showing the area of freshwater wetland directly affected, with the location of the proposed activity thereon. The clerk will cause notice of such application to be mailed to all local governments where the proposed activity or any part of it is located.

(2) No sooner than 30 days and not later than 60 days after the receipt by a local government of an application, and after notice of application has been published by the applicant in two newspapers having a general circulation in the area, the local government will hold a public hearing on such application at a suitable location in the local government where the affected wetland is situated unless no notice of objection has been filed and the local government finds the activity to be of such a minor nature as not to affect or endanger the balance of systems within the wetlands, and has been determined to be compatible pursuant to section 665.7 of this Part, in which case the local government may, in the exercise of discretion, dispense with such hearing. Where the local government finds that a hearing is not necessary, a decision setting forth reasons therefor shall be prepared, shall be a matter of public record and shall be mailed to all local governments where the proposed work or any part of it is located, and to all persons who filed a statement with the local government following the publication of such notice of application. All owners of record of the adjacent land and the local governments where the proposed activity is located shall be notified by certified mail of the hearing not less than 15 days prior to the date set for such hearing. The local government shall cause notice of such hearing to be published in two newspapers having a general circulation in the area where the affected freshwater wetlands are located. All applications and maps and documents relating thereto shall be open to public inspection at the office of the clerk of the local government in which the wetland is situated. At such hearing any person or persons filing a request for a hearing or a timely notice of appearance may appear and be heard.

(3) The applicant shall have the burden of demonstrating that the proposed activity will be in accord with the policies and provisions of the act and this Part. To the greatest extent practicable, such hearing shall be incorporated with any public hearing required by the Town, Village, General City, General Municipal or Environmental Conservation Law in connection with approvals or permits otherwise required before commencement of regulated activities on lands containing such wetlands.

(1) the agency receiving the permit application must immediately provide copies to the other entities sharing jurisdiction;

(2) the agency within whose jurisdiction the proposed activity will occur will process the application in consultation with the other entities in order to achieve a mutually satisfactory determination; and

(3) disagreements over the proposed determination may be arbitrated by the department pursuant to the policies and standards of the act and this Part.