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Assembly Bill A6939

2011-2012 Legislative Session

Authorizes the unfettered removal of reeds by the owner of residential real property in N.Y. city

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2011-A6939 (ACTIVE) - Details

See Senate Version of this Bill:
S4377
Law Section:
General City Law
Laws Affected:
Add §19-a, Gen City L; amd §§9-1503 & 24-0701, En Con L

2011-A6939 (ACTIVE) - Summary

Authorizes the unfettered removal of reeds (Phragmites communis) by the owner of residential real property in a city having a population of one million or more.

2011-A6939 (ACTIVE) - Bill Text download pdf 

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

                                  6939

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 6, 2011
                               ___________

Introduced  by M. of A. TOBACCO, CUSICK -- read once and referred to the
  Committee on Cities

AN ACT to amend the general city law and the environmental  conservation
  law, in relation to authorizing owners of residential real property in
  cities  having  a  population of one million or more to cut and remove
  reeds from their property

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

  Section  1.    The general city law is amended by adding a new section
19-a to read as follows:
  S 19-A. REGULATION OF THE REMOVAL OF REEDS (PHRAGMITES  COMMUNIS).  NO
PROVISION  OF  LAW  SHALL BE DEEMED TO AUTHORIZE ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR  MORE  TO  REGULATE  THE  CUTTING,  PULLING  OR
DIGGING  UP  FOR THE PURPOSE OF REMOVAL, OR CAUSING TO BE SO REMOVED, BY
THE OWNER OF RESIDENTIAL REAL PROPERTY IN SUCH CITY,  ANY  REED  (PHRAG-
MITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
  S  2.  Section 9-1503 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5. NO PROVISION OF THIS TITLE SHALL BE DEEMED TO PROHIBIT OR AUTHORIZE
THE DEPARTMENT TO REGULATE THE CUTTING, PULLING OR DIGGING  UP  FOR  THE
PURPOSE  OF  REMOVAL, OR CAUSING TO BE SO REMOVED, BY THE OWNER OF RESI-
DENTIAL REAL PROPERTY IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR
MORE, ANY REED (PHRAGMITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
  S  3. Section 24-0701 of the environmental conservation law is amended
by adding a new subdivision 4-a to read as follows:
  4-A. THE CUTTING, PULLING AND DIGGING UP FOR THE PURPOSE  OF  REMOVAL,
OR  CAUSING  TO  BE  SO  REMOVED, OF ANY REED (PHRAGMITES COMMUNIS) FROM
FRESHWATER WETLANDS UPON RESIDENTIAL REAL PROPERTY IN A  CITY  HAVING  A
POPULATION  OF  ONE MILLION OR MORE, BY THE OWNER OF SUCH PROPERTY SHALL
BE EXCLUDED FROM REGULATED ACTIVITIES AND SHALL  NOT  REQUIRE  A  PERMIT
PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
  S 3. This act shall take effect immediately.

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

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