Senate Bill S846

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

                                   846

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 18, 2009
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation

AN ACT to amend the environmental conservation law, in relation to elec-
  tronic filing of freshwater wetlands regulatory maps

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

  Section  1. Subdivisions 4, 5 and 6 of section 24-0301 of the environ-
mental conservation law, as amended by chapter 654 of the laws of  1977,
are amended to read as follows:
  4.  Upon  completion  of  the  tentative freshwater wetlands map for a
particular area, the commissioner  or  his  designated  hearing  officer
shall  hold a public hearing in that area in order to afford an opportu-
nity for any person to propose additions or deletions from such map. The
commissioner shall give notice of such hearing to each owner  of  record
as  shown  on the latest completed tax assessment rolls, of lands desig-
nated as such wetlands as shown on said map and also to the chief admin-
istrative officer and clerk of each local government within the  bounda-
ries  of  which any such wetland or a portion thereof is located and, in
the case of a tentative freshwater wetlands map for any area within  the
Adirondack  park,  to  the Adirondack park agency, by certified mail not
less than thirty days prior to the date set for such hearing  and  shall
assure  that  a  copy  of  the  relevant  map  is  available  for public
inspection at a convenient location in such local government.   THE  MAP
FILED WITH A LOCAL GOVERNMENT MAY, AT THE LOCAL GOVERNMENT'S REQUEST, BE
EITHER  A PHYSICAL COPY OF THE TENTATIVE FRESHWATER WETLANDS MAP, OR, IF
AVAILABLE, A DIGITAL FILE THAT REPRESENTS  IT.  The  commissioner  shall
also  cause  notice  of  such hearing to be published at least once, not
more than thirty days nor fewer than ten days before the  date  set  for
such  hearing,  in at least two newspapers having general circulation in
the area where such wetlands are located.  THE COMMISSIONER MAY POST  ON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05152-01-9
              

S. 846                              2

THE  DEPARTMENT'S  WEBSITE A DIGITAL IMAGE THAT REPRESENTS THE TENTATIVE
FRESHWATER WETLANDS MAP.
  5. After considering the testimony given at such hearing and any other
facts  which  may  be  deemed pertinent, after considering the rights of
affected property owners and the ecological balance in  accordance  with
the policy and purposes of this article, and, in the case of wetlands or
portions  thereof  within the Adirondack park, after consulting with the
Adirondack park agency, the commissioner shall promulgate by  order  the
final  freshwater wetlands map. Such order shall not be promulgated less
than sixty days from the date of the  hearing  required  by  subdivision
four  [hereof]  OF  THIS SECTION.   A copy of the order, together with a
copy of such map or relevant portion  thereof  shall  be  filed  in  the
office  of the clerk of each local government in which each such wetland
or a portion thereof is located and, in the case of a map for  any  area
within  the  Adirondack  park,  with the Adirondack park agency. THE MAP
FILED WITH A LOCAL GOVERNMENT MAY, AT THE LOCAL GOVERNMENT'S REQUEST, BE
EITHER A PHYSICAL COPY OF THE FINAL  FRESHWATER  WETLANDS  MAP,  OR,  IF
AVAILABLE,  A  DIGITAL  FILE  THAT REPRESENTS IT. The commissioner shall
simultaneously give notice of such order to  each  owner  of  lands,  as
shown  on  the latest completed tax assessment rolls, designated as such
wetlands by mailing a copy of such order to such owner by certified mail
in any case where a notice by certified mail was not  sent  pursuant  to
subdivision  four  [hereof]  OF  THIS SECTION, and in all other cases by
first class mail. The commissioner shall also give notice of such  order
at  such  time to the chief administrative officer of each local govern-
ment within the boundaries of which any such wetland or a portion there-
of is located. At the time of filing with  such  clerk  or  clerks,  the
commissioner shall also cause a copy of such order to be published in at
least  two  newspapers having general circulation in the area where such
wetlands are located. THE COMMISSIONER  MAY  POST  ON  THE  DEPARTMENT'S
WEBSITE  A  DIGITAL  IMAGE THAT REPRESENTS THE FINAL FRESHWATER WETLANDS
MAP.
  6. Except as provided  in  subdivision  eight  of  this  section,  the
commissioner  shall  supervise  the  maintenance  of such boundary maps,
which shall be available to the public for inspection and examination at
the regional office of the department in which the wetlands  are  wholly
or partly located and in the office of the clerk of each county in which
each  such wetland or a portion thereof is located. The commissioner may
readjust the map thereafter to clarify the boundaries of  the  wetlands,
to  correct any errors on the map, to effect any additions, deletions or
technical changes on the map, and to reflect changes as have occurred as
a result of the granting of permits pursuant to section 24-0703 of  this
article,  or  natural  changes  which may have occurred through erosion,
accretion, or otherwise. Notice of such readjustment shall be  given  in
the same manner as set forth in subdivision five of this section for the
promulgation of final freshwater wetlands maps. IN ADDITION, AT THE TIME
NOTICE  IS  PROVIDED  PURSUANT  TO SUBDIVISION FIVE OF THIS SECTION, THE
COMMISSIONER SHALL UPDATE ANY DIGITAL IMAGE OF THE  MAP  POSTED  ON  THE
DEPARTMENT'S WEBSITE TO REFLECT SUCH READJUSTMENT.
  S 2. This act shall take effect immediately.