senate Bill S7163

2011-2012 Legislative Session

Relates to requiring notice to neighboring landowners of intention to develop in wetland areas

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2012 referred to environmental conservation

Co-Sponsors

S7163 (ACTIVE) - Details

See Assembly Version of this Bill:
A366
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§25-0402 & 24-0703, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: S507, A2654
2013-2014: S2488, A517
2015-2016: S3498, A5128
2017-2018: S1866, A1366
2019-2020: S3273, A4454

S7163 (ACTIVE) - Summary

Relates to requiring notice to neighboring landowners within one thousand feet of intention to develop in wetland areas; requires a public hearing on a wetland application.

S7163 (ACTIVE) - Sponsor Memo

S7163 (ACTIVE) - Bill Text download pdf

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

                                  7163

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  requiring  notice  to adjacent landowners where certain development is
  proposed in wetlands in a city with a population  of  one  million  or
  more

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

  Section 1. Section 25-0402 of the environmental conservation  law,  as
added  by  chapter  790  of  the laws of 1973, subdivision 2 as added by
chapter 233 of the laws of 1979, is amended to read as follows:
S 25-0402. Application for permits.
  1. Any person proposing to conduct or cause to be conducted an  activ-
ity  regulated  under  this act upon any inventoried tidal wetland shall
file an application for a permit with the commissioner, in such form and
containing such information  as  the  commissioner  may  prescribe.  The
applicant  shall  have  the  burden  of  demonstrating that the proposed
activity will be in complete accord with the policy  and  provisions  of
this  act.  Such application shall include a detailed description of the
proposed work and a map showing  the  area  of  tidal  wetland  directly
affected,  with the location of the proposed work thereon, together with
the names of the owners of record of adjacent lands and the known claim-
ants of water rights in or adjacent to the tidal wetlands  of  whom  the
applicant has notice. The commissioner shall cause a copy of such appli-
cation  to  be mailed to the chief administrative officer in the munici-
pality where the proposed work or  any  part  of  it  is  located.  UPON
RECEIPT  OF  SUCH APPLICATION BY A CITY WITH A POPULATION OF ONE MILLION
OR MORE, SUCH CITY SHALL CAUSE A NOTICE OF SUCH APPLICATION TO BE MAILED
TO OWNERS OF RECORD OF LAND WHICH IS LOCATED WITHIN ONE THOUSAND FEET OF
THE PROPOSED ACTIVITY.
  2. NO SOONER THAN THIRTY DAYS AND NOT LATER THAN SIXTY DAYS AFTER  THE
RECEIPT  OF AN APPLICATION BY A CITY WITH A POPULATION OF ONE MILLION OR
MORE, AND AFTER NOTICE OF APPLICATION HAS BEEN PUBLISHED BY  THE  APPLI-
CANT  IN  TWO  NEWSPAPERS  HAVING A GENERAL CIRCULATION IN THE AREA, THE

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

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