Assembly Bill A4116

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

                                  4116

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced by M. of A. BRODSKY, COLTON -- Multi-Sponsored by -- M. of A.
  GLICK,  JOHN  --  read  once and referred to the Committee on Environ-
  mental Conservation

AN ACT to amend the environmental conservation  law  and  the  executive
  law, in relation to leasing of forest lands for recreational uses

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

  Section 1. Article 9 of the environmental conservation law is  amended
by adding a new title 19 to read as follows:
                                 TITLE 19
                         LEASING OF FOREST LANDS
SECTION 9-1901. SITING PLANS.
        9-1903. ADIRONDACK PARK.
S 9-1901. SITING PLANS.
  1.  FOR PURPOSES OF THIS TITLE, THE TERM "FOREST PROPERTY OWNER" SHALL
MEAN AN OWNER OF A TRACT OF FOREST LAND RECEIVING TAX BENEFITS  PURSUANT
TO  SECTION  FOUR  HUNDRED  EIGHTY  OR FOUR HUNDRED EIGHTY-A OF THE REAL
PROPERTY TAX LAW.
  2. NO FOREST PROPERTY OWNER SHALL ENTER INTO OR EXTEND AN AGREEMENT TO
LEASE FOREST LAND FOR RECREATIONAL USES INCLUDING  BUT  NOT  LIMITED  TO
HUNTING,  FISHING,  OR  BOATING,  UNLESS  SUCH  OWNER  HAS SUBMITTED AND
RECEIVED APPROVAL OF A SITING PLAN FOR SUCH FOREST LAND.
  3. THE DEPARTMENT SHALL DEVELOP RULES AND REGULATIONS TO  REQUIRE  THE
SUBMISSION  OF  SITING  PLANS  BY  FOREST PROPERTY OWNERS. A SITING PLAN
SHALL INCLUDE, AT A MINIMUM:
  A. A MAP TO A SCALE DEEMED REASONABLE BY THE  DEPARTMENT,  IDENTIFYING
THE  LOCATION  OF  EXISTING  OR  PLANNED STRUCTURAL DEVELOPMENT, AND THE
LOCATION OF EXISTING OR PLANNED ROADWAYS, SEASONAL OR PERMANENT; AND
  B. A DESCRIPTION OF THE SIZE, NATURE,  AND  USE  OF  ALL  EXISTING  OR
PLANNED STRUCTURAL DEVELOPMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07352-01-9

              

A. 4116                             2

  4.  EACH  SITING  PLAN OR AMENDMENT TO A SITING PLAN SHALL BE REVIEWED
AND APPROVED, DENIED, OR APPROVED WITH  CONDITIONS  BY  THE  DEPARTMENT.
MODIFICATIONS  MAY  BE  REQUIRED  BY  THE DEPARTMENT TO MINIMIZE ADVERSE
IMPACTS ON NATURAL RESOURCES.
  5. THE DEPARTMENT SHALL NOT APPROVE A SITING PLAN OR AN AMENDMENT TO A
SITING  PLAN  UNLESS ALL STRUCTURAL AND ROADWAY DEVELOPMENT CONTAINED IN
THE PLAN IS SITED TO MINIMIZE  ADVERSE  IMPACTS  ON  NATURAL  RESOURCES,
UTILIZING APPROPRIATE SETBACKS, CLUSTERING, AND DENSITY LIMITS.
  6.  NO  STRUCTURAL  OR ROADWAY DEVELOPMENT ASSOCIATED WITH A LEASE FOR
RECREATIONAL USES SHALL OCCUR ON FOREST  LANDS  OWNED  OR  LEASED  BY  A
FOREST  PROPERTY  OWNER  UNLESS SUCH DEVELOPMENT CONFORMS TO AN APPROVED
SITING PLAN AND UTILIZES BEST MANAGEMENT PRACTICES TO  MINIMIZE  RUNOFF,
EROSION,  AND CONTAMINATION OF WATERS. FOR PURPOSES OF THIS SECTION, THE
EXPANSION OF EXISTING STRUCTURES OR ROADWAYS SHALL BE DEEMED NEW  DEVEL-
OPMENT.
S 9-1903. ADIRONDACK PARK.
  WHERE  ANY  FOREST  LAND LIES WITHIN THE ADIRONDACK PARK AS DEFINED IN
SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE LAW, THE RESPONSIBILITIES AND
DUTIES OF THE DEPARTMENT UNDER THIS TITLE SHALL BE CARRIED  OUT  BY  THE
ADIRONDACK PARK AGENCY.
  S  2.  Section  804  of  the  executive law is amended by adding a new
subdivision 11 to read as follows:
  11. TO IMPLEMENT THE PROVISIONS OF TITLE NINETEEN OF ARTICLE  NINE  OF
THE  ENVIRONMENTAL  CONSERVATION  LAW TO THE EXTENT THEY APPLY TO FOREST
LANDS WITHIN THE PARK.
  S 3. This act shall take effect immediately.