S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    546
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M. of A. GUNTHER, McLAUGHLIN, GIGLIO, DiPIETRO -- Multi-
   Sponsored by -- M. of A. CROUCH, HAWLEY, RIVERA, STEC -- read once and
   referred 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 49 to read as follows:
   49. 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.
   §  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.
   §  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
 feet;
   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.
                                                            LBD03185-01-7

              

 A. 546                              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.
   §  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.
   § 5. This act shall take effect immediately.