BILL NUMBER:A10499
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to set
back requirements from wetlands and notice requirements to future owners
or lessees
PURPOSE OR GENERAL IDEA OF BILL:
This bill will create a buffer zone for where builders can build near
wetlands.
SUMMARY OF SPECIFIC PROVISIONS:
Section 24-0701 of the Environmental Conservation law is amended adding
paragraph that states: All properties located within one hundred feet of
the boundary of a designated wetland shall maintain a set back of ten
feet from such wetland. The ten foot set back shall be required to be
maintained in its natural state. Additionally, any potential new home-
owners or renters of property located one hundred feet from the boundary
of a wetland upon which the department of environmental conservation
places restrictions of any sort must be notified in writing of such
restrictions by the landowner before a deed is transferred or lease is
signed.
JUSTIFICATION:
The purpose of this bill is to provide greater protection to the integ-
rity of our freshwater wetlands and to protect the consumer rights of
S T A T E O F N E W Y O R K
________________________________________________________________________
10499
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. HYER-SPENCER -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to set
back requirements from wetlands and notice requirements to future
owners or lessees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 24-0701 of the environmental
conservation law, as amended by chapter 654 of the laws of 1977, is
amended to read as follows:
2. Activities subject to regulation shall include any form of drain-
ing, dredging, excavation, removal of soil, mud, sand, shells, gravel or
other aggregate from any freshwater wetland, either directly or indi-
rectly; and any form of dumping, filling, or depositing of any soil,
stones, sand, gravel, mud, rubbish or fill of any kind, either directly
or indirectly; erecting any structures, roads, the driving of pilings,
or placing of 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 liquid wastes into or so as to drain into a
freshwater wetland; and any other activity which substantially impairs
any of the several functions served by freshwater wetlands or the bene-
fits derived therefrom which are set forth in section 24-0105 of this
article. These activities are subject to regulation whether or not they
occur upon the wetland itself, if they impinge upon or otherwise
substantially affect the wetlands and are located not more than one
hundred feet from the boundary of such wetland. ALL PROPERTIES LOCATED
WITHIN ONE HUNDRED FEET OF THE BOUNDARY OF A DESIGNATED WETLAND SHALL
MAINTAIN A SET BACK OF TEN FEET FROM SUCH WETLAND. THE TEN FOOT SET BACK
SHALL BE REQUIRED TO BE MAINTAINED IN ITS NATURAL STATE. ADDITIONALLY,
ANY POTENTIAL NEW HOMEOWNERS OR RENTERS OF PROPERTY LOCATED ONE HUNDRED
FEET FROM THE BOUNDARY OF A WETLAND UPON WHICH THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION PLACES RESTRICTIONS OF ANY SORT MUST BE NOTIFIED
IN WRITING OF SUCH RESTRICTIONS BY THE LANDOWNER BEFORE A DEED IS TRANS-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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