S T A T E O F N E W Y O R K
2011-2012 Regular Sessions
I N S E N A T E
January 5, 2011
Introduced by Sens. YOUNG, RANZENHOFER -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Agriculture
AN ACT to amend the agriculture and markets law and the environmental
conservation law, in relation to farm pond dams
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
45. DEVELOP GUIDELINES AND BEST MANAGEMENT PRACTICES IN CONJUNCTION
WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA-
TION, OPERATION AND MAINTENANCE OF FARM POND DAMS.
S 2. Subdivision 7 of section 15-0107 of the environmental conserva-
tion law is renumbered subdivision 8 and a new subdivision 7 is added to
read as follows:
7. "FARM POND DAM" SHALL MEAN THOSE DAMS MEETING GUIDELINES ESTAB-
LISHED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO SECTION
SIXTEEN OF THE AGRICULTURE AND MARKETS LAW AND INSTALLED TO PRINCIPALLY
ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSERVATION BENEFITS ON FARMS.
S 3. Subdivision 3 of section 15-0503 of the environmental conserva-
tion law, as amended by chapter 364 of the laws of 1999, is amended to
read as follows:
3. The requirement of a permit pursuant to this section shall not
apply to the following facilities:
a. A dock, pier, wharf or other structure used solely as a landing
place on water providing dockage for five or fewer boats and encompass-
ing within its outer perimeter an area less than four thousand square
b. A mooring facility providing mooring for fewer than ten boats;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 791 2
c. Seasonal replacement or reinstallation of structures referenced and
listed in paragraph b of subdivision 1 of this section installed prior
to the effective date of this paragraph[.];
D. FARM POND DAMS.
S 4. Section 15-0507 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS.
S 5. This act shall take effect immediately.