senate Bill S2488

2013-2014 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 Committee


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

do you support this bill?

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.619
Jan 08, 2014 referred to environmental conservation
Jan 17, 2013 referred to environmental conservation

Votes

view votes

May 13, 2014 - Environmental Conservation committee Vote

S2488
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: May 13, 2014

aye wr (1)

S2488 - Bill Details

See Assembly Version of this Bill:
A517
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§25-0402 & 24-0703, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S7163, A366
2009-2010: S507, A2654

S2488 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2488

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To require notice to neighboring
landowners of intention to develop in wetland areas.

SUMMARY OF SPECIFIC PROVISIONS: This legislation amends § 25-0402 of
the Environmental Conservation Law by adding a new subdivision 2 to
provide for a public hearing on a wetland application.

Subdivisions 2 and 3 of § 24-0703 of the Environmental Conservation
Law are amended to provide 21 days written notice to property owners
located within 1000 feet of the proposed activity.

JUSTIFICATION: Current law provides for notice to adjacent lands and
known claimants. This bill, however, will give neighbors impacted by
applications for building permits in areas designated as wetlands
notice of the permit and the opportunity to comment and oppose such a
permit. This bill provides for notice to the neighbors and directs the
Department of Environmental Conservation (DEC) to apprise the
neighbors of the outcome of the application. The best way to police
these applications and to protect areas designated as wetlands is to
insure that everyone with an interest in protecting them is notified
of the application. By giving the neighbors the opportunity to comment
on the permit application, the NYS DEC will have the opportunity to
consider all relevant information in ruling on the permit. The notice
requirement of 21 days will not unduly delay the process, but will
provide an added level of protection to these important resources.

PRIOR LEGISLATIVE HISTORY: 2012: S.7163 - Died in Environmental
Conservation/A.366 - Passed Assembly; 2010: S.507 - Referred to
Environmental Conservation/ A.2654 - Passed Assembly; 2009: S.507 -
Referred to Environmental Conservation/ A.2654 - Passed Assembly;
2008: S.3035 - Referred to Environmental Conservation/ A.2799 - Passed
Assembly; 2007: S.3035 - Reported to Rules/A.2799 - Passed Assembly;
2006: S.5169-B -Reported to Rules / A.7462-B - Passed Assembly.

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE DATE: Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2488

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00826-01-3

S. 2488                             2

  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
COMMISSIONER  SHALL HOLD A PUBLIC HEARING ON SUCH APPLICATION AT A SUIT-
ABLE LOCATION IN SUCH CITY WHERE THE AFFECTED WETLAND IS SITUATED UNLESS
NO NOTICE OF OBJECTION HAS BEEN FILED OR UNLESS THE  COMMISSIONER  FINDS
THE  ACTIVITY  TO BE OF SUCH A MINOR NATURE AS NOT TO AFFECT OR ENDANGER
THE BALANCE OF SYSTEMS WITHIN THE WETLANDS, IN WHICH  CASE  THE  COMMIS-
SIONER  MAY,  IN THE EXERCISE OF DISCRETION, DISPENSE WITH SUCH HEARING.
WHERE THE COMMISSIONER FINDS THAT A HEARING IS NOT NECESSARY, A DECISION
SETTING FORTH REASONS THEREFOR SHALL BE PREPARED, SHALL BE A  MATTER  OF
PUBLIC  RECORD  AND SHALL BE MAILED TO THE CITY AND THE OWNERS OF RECORD
OF PROPERTY LOCATED WITHIN ONE THOUSAND FEET OF THE WETLANDS  WHERE  THE
PROPOSED  WORK OR ANY PART OF IT IS LOCATED AND TO ALL PERSONS WHO FILED
A STATEMENT FOLLOWING THE PUBLICATION OF SUCH NOTICE OF APPLICATION. ALL
OWNERS OF RECORD OF LAND WHICH IS LOCATED WITHIN ONE  THOUSAND  FEET  OF
THE  PROPOSED  ACTIVITY  AND  THE  LOCAL  GOVERNMENTS WHERE THE PROPOSED
ACTIVITY IS LOCATED SHALL BE NOTIFIED BY CERTIFIED MAIL OF  THE  HEARING
NOT  LESS  THAN  TWENTY-ONE DAYS PRIOR TO THE DATE SET FOR SUCH HEARING.
THE APPLICANT SHALL CAUSE NOTICE OF SUCH HEARING TO BE PUBLISHED IN  TWO
NEWSPAPERS  HAVING  A GENERAL CIRCULATION IN THE AREA WHERE THE AFFECTED
WETLANDS ARE LOCATED AT LEAST TWENTY-ONE DAYS PRIOR TO THE HEARING.  ALL
APPLICATIONS AND MAPS AND DOCUMENTS RELATING THERETO SHALL BE  OPEN  FOR
PUBLIC  INSPECTION AT THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH THE
WETLAND IS SITUATED. AT SUCH HEARING ANY  PERSON  OR  PERSONS  FILING  A
REQUEST FOR A HEARING OR A TIMELY NOTICE OF APPEARANCE MAY APPEAR AND BE
HEARD.
  3.  The  rules  and regulations adopted by the department to implement
this article and the provisions of article 70 of this chapter and  rules
and  regulations  adopted  thereunder  shall govern permit applications,
renewals, modifications, suspensions and revocations under this article,
PROVIDED HOWEVER, THAT AFTER THE  DEPARTMENT  HAS  GIVEN  NOTICE  TO  AN
APPLICANT  THAT AN APPLICATION IS COMPLETE, OR THE APPLICATION IS DEEMED
COMPLETE, THE APPLICANT SHALL CAUSE A NOTICE OF COMPLETION OF THE APPLI-
CATION TO BE PUBLISHED IN A NEWSPAPER  OF  GENERAL  CIRCULATION  IN  THE
AFFECTED AREA AS PROVIDED IN RULES AND REGULATIONS OF THE DEPARTMENT.
  S  2.  Subdivisions 1, 2 and 3 of section 24-0703 of the environmental
conservation law, subdivisions 1 and 2 as amended and subdivision  3  as
added  by  chapter  233  of  the  laws  of  1979, are amended to read as
follows:
  1. Any person proposing to conduct or cause to be  conducted  a  regu-
lated activity upon any freshwater wetland shall file an application for
a  permit  with the clerk of the local government having jurisdiction or
the department, as the case may be. Review of the application  shall  be
made by the local government or the commissioner, as the case may be, in
accordance  with  applicable  law  and  such  rules  hereunder as may be
adopted by the commissioner. Such application shall include  a  detailed
description  of  the  proposed  activity  and  a map showing the area of
freshwater wetland directly affected, with the location of the  proposed
activity  thereon.  The clerk or commissioner shall cause notice of such
application to be mailed to all local  governments  where  the  proposed
activity 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.

S. 2488                             3

  2.  No sooner than thirty days and not later than sixty days after the
receipt by a local government of an application,  and  after  notice  of
application has been published by the applicant in two newspapers having
a  general  circulation in the area, the local government OR THE COMMIS-
SIONER  shall  hold  a  public hearing on such application at a suitable
location in the local government where the affected wetland is  situated
unless  no  notice  of  objection  has  been  filed or unless the [local
government finds the] activity HAS BEEN FOUND to  be  of  such  a  minor
nature  as  not  to affect or endanger the balance of systems within the
wetlands, in which case the local government OR THE COMMISSIONER may, in
the exercise of discretion, dispense with such hearing. Where the  local
government  OR THE COMMISSIONER finds that a hearing is not necessary, a
decision setting forth reasons therefor shall be prepared,  shall  be  a
matter  of  public  record and shall be mailed to all local governments,
AND IN A CITY WITH A POPULATION OF ONE MILLION  OR  MORE  TO  OWNERS  OF
RECORD  OF  PROPERTY  LOCATED  WITHIN ONE THOUSAND FEET OF THE WETLANDS,
where the proposed work or any part of it is located and to all  persons
who  filed  a  statement  with the local government OR THE COMMISSIONER,
following the publication of such notice of application. All  owners  of
record  of  the  adjacent  land, AND, IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE ALL OWNERS OF RECORD OF PROPERTY WHICH IS LOCATED WITHIN
ONE THOUSAND FEET OF THE PROPOSED ACTIVITY, and  the  local  governments
where  the  proposed  activity is located shall be notified by certified
mail of the hearing not less than [fifteen] TWENTY-ONE days prior to the
date set for such hearing. The  local  government  OR  THE  COMMISSIONER
shall  cause  notice  of  such hearing to be published in two newspapers
having a general circulation in the area where the  affected  freshwater
wetlands  are  located. All applications and maps and documents relating
thereto shall be open for public inspection at the office of  the  clerk
of  the  local government, OR IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, IN THE OFFICE OF THE CLERK OF THE COUNTY in which  the  wetland
is  situated. At such hearing any person or persons filing a request for
a hearing or a timely notice of appearance may appear and be heard.
  3. In addition to the provisions of article 70  of  this  chapter  and
rules  and  regulations  adopted  thereunder,  the rules and regulations
adopted by the department pursuant to  this  article  to  implement  its
processing  of permit applications, renewals, modifications, suspensions
and revocations shall govern permit  administration  by  the  department
under  this  article,  provided  however,  that after the department has
given notice to an applicant that an application  is  complete,  or  the
application  is  deemed  complete, the applicant shall cause a notice of
COMPLETION OF THE application to be published in a newspaper of  general
circulation in the affected area as provided in rules and regulations of
the department.
  S 3. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.