Assembly Bill A7463

Signed By Governor
2011-2012 Legislative Session

Authorizes the removal of reeds by the owners of residential real property in high risk brush fire areas in the borough of Staten Island

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2011-A7463 - 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-A7463 - Summary

Authorizes the removal of reeds by the owners of residential real property in high risk brush fire areas in the borough of Staten Island.

2011-A7463 - Bill Text download pdf 

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

                                  7463

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by M. of A. CUSICK, TOBACCO -- 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.

co-Sponsors

2011-A7463A (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-A7463A (ACTIVE) - Summary

Authorizes the removal of reeds by the owners of residential real property in high risk brush fire areas in the borough of Staten Island.

2011-A7463A (ACTIVE) - Bill Text download pdf 

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

                                 7463--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced  by M. of A. CUSICK, TOBACCO -- read once and referred to the
  Committee on Cities -- reference changed to the Committee on  Environ-
  mental  Conservation  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to authorize owners of residential real  property  in  high  risk
  brush  fire  areas  in  the borough of Staten Island to cut and remove
  reeds from their property;  and  providing  for  the  repeal  of  such
  provisions upon expiration thereof

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

  Section 1.  The department of environmental conservation shall  estab-
lish  a  general residential fire break permit for the borough of Staten
Island, city of New York. Such no-cost permit shall  be  issued  to  the
Staten  Island borough president's office for the purpose of authorizing
residential property owners, in areas designated by  the  department  as
high  risk  brush  fire  areas, to cut and remove phragmites communis in
order to establish a firebreak of up to 50 feet from their property line
but no further than 100 feet from their homes. In order to receive  such
authorization,  residential  property owners, in areas designated by the
department as high risk brush fire areas, shall submit  their  name  and
address to the Staten Island borough president's office. Such submission
shall  be via telephone or in person provided; however, if authorized by
the borough president, such submission may be made via a  website  main-
tained  by  the  borough  president.  Any approval issued by the borough
president shall be conditioned  on  the  eligible  residential  property
owner's  agreement that they shall only use such authorization to remove
phragmites communis and that any equipment utilized to remove the phrag-
mites communis must have a ground pressure of  four  pounds  per  square
inch or less.
  S  2. The department of environmental conservation shall post informa-
tion regarding the availability of the Staten  Island  residential  fire

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD10621-04-1

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