senate Bill S4377

Amended

Authorizes the removal of reeds by the owners of residential real property in high risk brush fire areas in the borough of Staten Island

download pdf

Sponsor

Bill Status


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

actions

  • 31 / Mar / 2011
    • REFERRED TO CITIES
  • 05 / Apr / 2011
    • 1ST REPORT CAL.315
  • 06 / Apr / 2011
    • 2ND REPORT CAL.
  • 11 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 04 / May / 2011
    • PASSED SENATE
  • 04 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 04 / May / 2011
    • REFERRED TO CITIES
  • 10 / Jun / 2011
    • RECALLED FROM ASSEMBLY
  • 10 / Jun / 2011
    • RETURNED TO SENATE
  • 13 / Jun / 2011
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 13 / Jun / 2011
    • AMENDED ON THIRD READING (T) 4377A
  • 16 / Jun / 2011
    • SUBSTITUTED BY A7463A

Summary

Authorizes the unfettered removal of reeds (Phragmites communis) by the owner of residential real property in a city having a population of one million or more.

do you support this bill?

Bill Details

Versions:
S4377
S4377A
Legislative Cycle:
2011-2012
Law Section:
Real Property
Laws Affected:
Add §19-a, Gen City L; amd §§9-1503 & 24-0701, En Con L

Sponsor Memo

BILL NUMBER:S4377 REVISED 03/31/11

TITLE OF BILL:
An act
to amend the general city law and the
environmental conservation law, in relation to authorizing
owners of residential real property in cities having a population of one
million or more
to cut and remove reeds from their
property

PURPOSE:
To authorize the unfettered removal of reeds by an owner of
residential real property in the City of New York.

SUMMARY OF PROVISION:
Section one amends the general city law by adding a new section 19-a.

Section two amends section 9-1503 of the environmental conservation
law by adding a new subdivision 5.

Section three amends section 24-0701 of the environmental conservation
law by adding a new subdivision 4-a.

JUSTIFICATION:
Every year on Staten Island there are series of dangerous brushfires.
Many areas on Staten Island are prone to brushfires because they are
thick with an invasive, non-native species of weed -- phragmites.
Phragmites are reedy and combustible plants that commonly grow seven
feet tall and often turn into tinderboxes especially during the
spring and fall seasons. They have been the proven source of numerous
brush fires which often escalate and threaten surrounding properties.
Currently a landowner in the City of New York must apply for a permit
to cut down these weeds. This bill allows private homeowners in the
City of New York to cut and remove from their private property
without a permit from the Department of Environmental Conservation.
This bill would allow New York City's private homeowners, without
government intervention, the ability to remove these invasive and
combustible weeds which cause dangerous brush fires, damaging homes
and threatening human life.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATION:
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
________________________________________________________________________

                                  4377

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 31, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the general city law and the environmental  conservation
  law, in relation to authorizing owners of residential real property in
  cities  having  a  population of one million or more to cut and remove
  reeds from their property

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

  Section  1.    The general city law is amended by adding a new section
19-a to read as follows:
  S 19-A. REGULATION OF THE REMOVAL OF REEDS (PHRAGMITES  COMMUNIS).  NO
PROVISION  OF  LAW  SHALL BE DEEMED TO AUTHORIZE ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR  MORE  TO  REGULATE  THE  CUTTING,  PULLING  OR
DIGGING  UP  FOR THE PURPOSE OF REMOVAL, OR CAUSING TO BE SO REMOVED, BY
THE OWNER OF RESIDENTIAL REAL PROPERTY IN SUCH CITY,  ANY  REED  (PHRAG-
MITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
  S  2.  Section 9-1503 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5. NO PROVISION OF THIS TITLE SHALL BE DEEMED TO PROHIBIT OR AUTHORIZE
THE DEPARTMENT TO REGULATE THE CUTTING, PULLING OR DIGGING  UP  FOR  THE
PURPOSE  OF  REMOVAL, OR CAUSING TO BE SO REMOVED, BY THE OWNER OF RESI-
DENTIAL REAL PROPERTY IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR
MORE, ANY REED (PHRAGMITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
  S  3. Section 24-0701 of the environmental conservation law is amended
by adding a new subdivision 4-a to read as follows:
  4-A. THE CUTTING, PULLING AND DIGGING UP FOR THE PURPOSE  OF  REMOVAL,
OR  CAUSING  TO  BE  SO  REMOVED, OF ANY REED (PHRAGMITES COMMUNIS) FROM
FRESHWATER WETLANDS UPON RESIDENTIAL REAL PROPERTY IN A  CITY  HAVING  A
POPULATION  OF  ONE MILLION OR MORE, BY THE OWNER OF SUCH PROPERTY SHALL
BE EXCLUDED FROM REGULATED ACTIVITIES AND SHALL  NOT  REQUIRE  A  PERMIT
PURSUANT TO SUBDIVISION ONE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10621-01-1

S. 4377                             2

  S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.