(c) Agricultural activity means:

1. (1) the activity of an individual farmer or other landowner in:

   1. (i) grazing and watering livestock;
   2. (ii) making reasonable use of water resources for agricultural purposes;
   3. (iii) harvesting the natural products of wetlands;
   4. (iv) the selective cutting of trees;
   5. (v) the clear-cutting of vegetation, other than trees, for growing agricultural products;
   6. (vi) constructing winter truck roads of less than five meters (approximately 16 feet) in width for removing trees cut in accordance with subparagraph (iv) of this paragraph, where construction is limited to cutting vegetation and compacting ice and does not alter water flows;
   7. (vii) operating motor vehicles for agricultural purposes;
   8. (viii) draining for growing agricultural products;
   9. (ix) erecting structures, including fences, required to enhance or maintain the agricultural productivity of the land;
   10. (x) using chemicals and fertilizers according to normally accepted agricultural practices, in order to grow crops for human and animal consumption or use, in or adjacent to wetlands, where authorized by other State, Federal or local laws; including application of stabilized sludge as fertilizer when applied at agronomic loading rates in accordance with a valid Part 360 or 364 landspreading permit; or
   11. (xi) otherwise engaging in the use of wetlands for growing agricultural products such as crops, vegetables, fruits or flowers; but

2. (2) does not mean:

   1. (i) clear-cutting trees;
   2. (ii) constructing roads that require moving earth or other aggregate or that alter water flow or in any way deviate from subparagraph (1)(vi) of this subdivision;
   3. (iii) filling or deposition of spoil, even for agricultural purposes;
   4. (iv) mining; or
   5. (v) erecting structures not required to enhance or maintain the agricultural productivity of the land.

(z) Regulated activity means any form of draining, dredging, excavation or mining, either directly or indirectly; any form of dumping or filling, either directly or indirectly; erecting any structures, constructing roads, driving pilings or placing any other obstructions whether or not changing the ebb and flow of the water; any form of pollution, including but not limited to installing a septic tank, running a sewer outfall, discharging sewage treatment effluent or other liquefied wastes into or so as to drain into a wetland; or any other activity which substantially impairs any of the several functions or benefits of wetlands which are set forth in section 24-0105 of the act. These activities are subject to regulation whether or not they occur upon the wetland itself, if they impinge upon or otherwise substantially affect the wetland and are located within the adjacent area.

1. (1) The depositing or removal of the natural products of freshwater wetlands by recreational or commercial fishing, shellfishing, aquiculture, hunting or trapping are not regulated under the act or this Part.
2. (2) Agricultural activities, as defined in subdivision (c) of this section, are not regulated under the act or this Part. However, land altered by an agricultural activity after its original designation as a wetland upon the map is still protected under the act, this Part, and other appropriate Parts pursuant to the act, so that any other activities on that land subsequent to the original designation are subject to the provisions of the act and this Part.
3. (3) Public health activities, orders and regulations of the New York State Department of Health are not regulated under the act or this Part, provided copies of all such orders or regulations affecting wetlands are filed with the Department of Environmental Conservation in advance. The commissioner may request modification of these activities, orders or regulations if necessary to implement the policy of the act.