assembly Bill A5128

2015-2016 Legislative Session

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

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2016 referred to environmental conservation
delivered to senate
passed assembly
May 12, 2016 advanced to third reading cal.594
May 10, 2016 reported
Apr 11, 2016 reported referred to ways and means
Jan 06, 2016 referred to environmental conservation
Jun 09, 2015 ordered to third reading rules cal.109
rules report cal.109
reported
Jun 03, 2015 reported referred to rules
May 27, 2015 reported referred to ways and means
Feb 12, 2015 referred to environmental conservation

Co-Sponsors

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A5128 (ACTIVE) - Details

See Senate Version of this Bill:
S3498
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง25-0402 & 24-0703, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A2654, S507
2011-2012: A366, S7163
2013-2014: A517, S2488
2017-2018: A1366, S1866
2019-2020: A4454, S3273

A5128 (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.

A5128 (ACTIVE) - Bill Text download pdf

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

                                  5128

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced  by  M.  of A. CUSICK, CLARK, ROSENTHAL, TITONE, ENGLEBRIGHT,
  ABINANTI, LUPARDO, OTIS, TITUS  --  read  once  and  referred  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.
                                                           LBD01103-01-5

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