S T A T E O F N E W Y O R K
________________________________________________________________________
4249
2009-2010 Regular Sessions
I N A S S E M B L Y
February 2, 2009
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Introduced by M. of A. BRODSKY, GLICK, DINOWITZ, HOYT -- Multi-Sponsored
by -- M. of A. CLARK, COLTON, DIAZ, GALEF, JOHN, ORTIZ, SEMINERIO --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law and the parks, recre-
ation and historic preservation law, in relation to the protection of
old growth forests on state owned land and restricting forestry activ-
ities in state parks
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature finds that
the state of New York has a long tradition of providing protection for
forests and land within and without the forest preserve. Land in New
York state varies from very sensitive and endangered communities that
must receive the strictest protection to less sensitive areas where any
desired increased development should be targeted and clustered.
The legislature further finds that one of the most valuable and
extremely rare endangered ecosystems in the state is "old growth
forest", located in pockets that vary in size from two or three acre
stands on Long Island to larger stands, including a stand in the Adiron-
dacks measuring close to forty thousand acres. These stands of old
growth forest possess ecological value as well as scenic, aesthetic,
historic, and recreational values.
The legislature further finds that there is public value in old
growth forests as a cathedral-like setting and a source of inspiration
and art; as living historic monuments that still preserve the original
forest landscape as it existed before European settlement times; and as
a pristine place for recreation and personal renewal.
Therefore, it is hereby declared to be the policy of the state and the
intention of this legislation to fully protect all old growth forests by
preventing both logging and other human disturbances, including prevent-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07345-01-9
A. 4249 2
ing any damage to or removal of any trees or vegetation located within
old growth forests on state owned land.
S 2. The environmental conservation law is amended by adding a new
section 9-1505 to read as follows:
S 9-1505. PROTECTION OF OLD GROWTH FORESTS.
1. AS USED IN THIS SECTION, THE TERM "OLD GROWTH FOREST" MEANS ANY
NATURAL FOREST OR STAND OF TREES: WITH VIRTUALLY NO VISIBLE SIGNS OF
HUMAN LAND USE SUCH AS CUT STUMPS, ORCHARD TREES, ROCK WALLS, OR OLD
FOUNDATIONS; CONTAINING A MINIMUM OF TWENTY-FIVE PERCENT OF TREES IN THE
FOREST CANOPY THAT ARE MORE THAN ONE HUNDRED YEARS IN AGE; AND POSSESS-
ING MOST OF THE FOLLOWING STRUCTURAL CHARACTERISTICS:
(A) THE STAND IS COMPOSED OF A NATURAL COMMUNITY OF TREES AND PLANTS
MAKING UP THE GROUND LAYER, UNDERSTORY, AND THE CANOPY LAYER;
(B) THERE IS NO PAST EVIDENCE OF LARGE-SCALE CLEAR-CUT LOGGING, CLEAR-
ING FOR AGRICULTURE, OR ANY OTHER FORM OF DEFORESTATION. EVIDENCE OF
MINOR CUTTING OR SELECTIVE LOGGING STILL ALLOWS FOR A FOREST TO BE CLAS-
SIFIED AS OLD GROWTH IF THE DAMAGE STILL ALLOWS THE FOREST TO CONTINUE
THE NATURAL FUNCTIONING OF THE FOREST ECOSYSTEM;
(C) THE MINIMUM OF TWENTY-FIVE PERCENT OF THE MATURE TREES THAT MAKE
UP THE FOREST CANOPY (TOP LAYER) ARE MORE THAN ONE HUNDRED YEARS IN AGE
IN THE MIDDLE AND LOWER ALTITUDES AND EIGHTY YEARS IN AGE AT ALTITUDES
ABOVE TWENTY-FIVE HUNDRED FEET, WHEREAT THEY ARE RECOGNIZABLE FROM THEIR
ASYMMETRICAL SHAPES, RELATIVELY LONG TRUNKS FREE OF BRANCHES, OLD BARK
CHARACTERISTICS, SIGNS OF HEARTWOOD DECAY, LARGE PROMINENT ROOT STRUC-
TURES, FLATTENED CROWNS WITH PROTRUDING DEAD LIMBS, AND LARGE, THICK
LIMBS AND TRUNKS OFTEN SHOWING A TWIST THAT DEVELOPS PROGRESSIVELY WITH
AGE;
(D) CRISSCROSSING, MOSS COVERED LOGS IN ALL STAGES OF DECOMPOSITION,
INCLUDING IN AND ACROSS STREAM BEDS;
(E) STANDING DEAD TREES;
(F) CANOPY GAPS, LARGE AND SMALL, WHICH HAVE FORMED FROM TREES THAT
HAVE FALLEN;
(G) UNDULATING FOREST FLOOR EXPRESSED IN RANDOMLY SCATTERED PITS AND
MOUNDS WHERE TREES HAVE FALLEN OVER AND DECOMPOSED;
(H) UNDISTURBED SOILS WITH A RELATIVELY THICK HUMUS LAYER;
(I) ABUNDANT UNDERSTORY SPECIES; AND
(J) A MINIMUM SIZE OF A STAND OF ONE ACRE.
2. NO PERSON SHALL CUT OR REMOVE ANY TREES OR VEGETATION LOCATED WITH-
IN AN OLD GROWTH FOREST ON LAND OWNED BY THE STATE IF THE OLD GROWTH
FOREST HAS BEEN SO IDENTIFIED BY THE DEPARTMENT PURSUANT TO SUBDIVISION
THREE OF THIS SECTION.
3. THE DEPARTMENT SHALL CONDUCT A STATEWIDE INVENTORY OF ALL OLD
GROWTH FORESTS ON LAND OWNED BY THE STATE, WITH PRIORITY GIVEN TO PROP-
ERTIES WHERE CUTTING OF TREES IS CONDUCTED AND TO STANDS OF TWENTY ACRES
OR MORE. THIS REPORT, INCLUDING MAPS OF AN APPROPRIATE SCALE, SHALL BE
SUBMITTED TO THE LEGISLATURE AND THE GOVERNOR ONE YEAR AFTER THIS
SECTION SHALL HAVE BECOME A LAW. THE DEPARTMENT SHALL MAKE AVAILABLE TO
THE PUBLIC, UPON REQUEST, AND SHALL PLACE IN ALL REGIONAL OFFICES OF THE
DEPARTMENT, THE STATEWIDE INVENTORY OF OLD GROWTH FORESTS.
S 3. Paragraph (b) of subdivision 6 of section 71-0703 of the environ-
mental conservation law, as amended by chapter 602 of the laws of 2003,
is amended to read as follows:
(b) In addition to any other penalty provided by law, a person who
violates section 9-1501 OR 9-1505 of this chapter shall be liable for a
civil penalty of two hundred fifty dollars per tree or treble damages or
both, based on the stumpage value of such tree or trees. Where the order
A. 4249 3
or decision finds that the defendant established by clear and convincing
evidence, that when such defendant committed the violation, he or she
had cause to believe that the land was his or her own or that he or she
had an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees. Notwithstanding the foregoing, this section shall
not be construed to authorize the cutting of timber or removal of trees
where such action would otherwise be violative of any provision of the
state constitution or law.
S 4. The parks, recreation and historic preservation law is amended by
adding a new section 13.08 to read as follows:
S 13.08 FORESTRY ACTIVITIES RESTRICTED. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE CUTTING OR SELLING OF TIMBER AND
LOGS FROM LANDS WITHIN ANY STATE PARK, EXCEPT AS IS NECESSARY FOR THE
PROPER DEVELOPMENT OF THE PARKS, INCLUDING AND LIMITED TO THE SAFETY OF
PARK VISITORS, THE CONSTRUCTION AND MAINTENANCE OF PARK-RELATED FACILI-
TIES, OR THE CONTROL OF DISEASE, INFESTATION, OR FIRE, IS PROHIBITED.
S 5. This act shall take effect immediately; provided that section
three of this act shall take effect on the first of March next succeed-
ing the date on which it shall have become a law.