senate Bill S4361

Relating to selectively cutting timber

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 31 / Mar / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 07 / Jun / 2011
    • 1ST REPORT CAL.1039
  • 13 / Jun / 2011
    • 2ND REPORT CAL.
  • 14 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 05 / Jun / 2012
    • 1ST REPORT CAL.1039
  • 06 / Jun / 2012
    • 2ND REPORT CAL.
  • 11 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Relates to selectively cutting timber and exclusion of current best management practices from regulated activities.

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Bill Details

See Assembly Version of this Bill:
A4781
Versions:
S4361
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §24-0701, En Con L
Versions Introduced in 2009-2010 Legislative Cycle:
S7813, A11183

Sponsor Memo

BILL NUMBER:S4361

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to selectively
cutting timber

PURPOSE:
This bill would enhance the ability of farmers and other
landowners to selectively harvest timber within a regulated wetland
without disturbing the environmental integrity of the wetland.

SUMMARY OF PROVISIONS:
Subdivision 4 of section 24-0701 of the
environmental conservation law is amended to allow the construction
and use, without the requirement of a permit, of temporary skidder
trails and machinery, using current best management practices as
outlined by USDA Forest Service, when selectively harvesting timber
within regulated wetlands.

JUSTIFICATION:
Selective harvesting of timber and the operation of
machinery for agricultural purposes (including forestry) have always
been allowable activities in state regulated wetlands. This bill
clarifies that specific logging equipment and other machinery may
create and use temporary access trails in wetlands as long as current
Best Management Practices as prescribed by the US Department of
Agriculture Forest Service are followed. The addition would
standardize the regulation, as Adirondack Park Agency wetland
regulations already specify that "construction and using skid trails
for removal of timber" is not a regulated activity within APA
jurisdictional wetlands {Part 578 §3(n)(4)(ii)(d)).

This change will not weaken the protection of wetlands in any way as
state wetlands regulations Part 663.2(c)(2)(ii) prohibit any
activities that alter water flow through a wetland. This change
will allow for consistent application of the statute on a statewide
basis.

LEGISLATIVE HISTORY:
2009-10: S.7813, Senate Environmental Conservation Committee;
A.11183, Assembly Environmental Conservation Committee.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4361

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
  Rural  Resources)  -- read twice and ordered printed, and when printed
  to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  selectively cutting timber

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4  of  section  24-0701  of  the  environmental
conservation  law,  as  amended  by  chapter 697 of the laws of 1979, is
amended to read as follows:
  4. The activities of farmers  and  other  landowners  in  grazing  and
watering livestock, making reasonable use of water resources, harvesting
natural  products  of the wetlands, selectively cutting timber, draining
land or wetlands for growing agricultural products and otherwise  engag-
ing  in  the  use  of  wetlands  or  other land for growing agricultural
products shall be excluded  from  regulated  activities  and  shall  not
require  a  permit  under subdivision one hereof, except that structures
not required for enhancement or maintenance of the agricultural  produc-
tivity  of  the  land  and  any filling activities shall not be excluded
hereunder, and provided that the use of land designated as a  freshwater
wetland  upon  the freshwater wetlands map at the effective date thereof
for uses other than those referred  to  in  this  subdivision  shall  be
subject  to  the  provisions of this article.   WHEN SELECTIVELY CUTTING
TIMBER, THE CONSTRUCTION AND USE OF TEMPORARY SKIDDER TRAILS AND MACHIN-
ERY, USING CURRENT BEST MANAGEMENT PRACTICES AS DEFINED  BY  THE  UNITED
STATES  DEPARTMENT  OF  AGRICULTURE  FOREST SERVICES, FOR THE REMOVAL OF
SUCH TIMBER SHALL BE EXCLUDED FROM REGULATED ACTIVITIES  AND  SHALL  NOT
REQUIRE A PERMIT UNDER SUBDIVISION ONE OF THIS SECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08909-01-1

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