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Assembly Bill A3895

2011-2012 Legislative Session

Authorizes local governments to regulate mining and mine reclamation activities

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Archive: Last Bill Status - In Assembly Committee

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2011-A3895 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง23-2703, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7239
2013-2014: A4430

2011-A3895 (ACTIVE) - Summary

Authorizes local governments to regulate mining and mine reclamation activities.

2011-A3895 (ACTIVE) - Bill Text download pdf 

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

                                  3895

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2011
                               ___________

Introduced by M. of A. FINCH -- Multi-Sponsored by -- M. of A. BUTLER --
  read once and referred to the Committee on Environmental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  preemption of mining regulation

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

  Section  1.  Subdivision  2  of  section  23-2703 of the environmental
conservation law, as amended by chapter 166 of  the  laws  of  1991,  is
amended to read as follows:
  2.  [For  the  purposes  stated herein, this title shall supersede all
other state and local laws relating to the extractive  mining  industry;
provided,  however,  that  nothing  in  this]  THIS  title  shall NOT be
construed to prevent any local government from:
  a. enacting or enforcing local laws or ordinances of general  applica-
bility[,  except  that such local laws or ordinances shall not regulate]
REGULATING mining and/or  reclamation  activities  [regulated  by  state
statute, regulation, or permit]; or
  b.  enacting or enforcing local zoning ordinances or laws which deter-
mine permissible uses in zoning districts. Where mining is designated  a
permissible  use in a zoning district and allowed by special use permit,
conditions placed on such special use permits shall be  limited  to  the
following:
  (i) ingress and egress to public thoroughfares controlled by the local
government;
  (ii)  routing of mineral transport vehicles on roads controlled by the
local government;
  (iii) requirements and conditions as specified in the permit issued by
the department under this title concerning setback from property bounda-
ries and public thoroughfare rights-of-way natural or man-made  barriers
to  restrict  access,  if required, dust control and hours of operation,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03809-01-1

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