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Assembly Bill A6728

2015-2016 Legislative Session

Relates to granting tidal wetland permits

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Archive: Last Bill Status - In Assembly Committee

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2015-A6728 (ACTIVE) - Details

See Senate Version of this Bill:
S4663
Current Committee:
Assembly Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง25-0403, En Con L
Versions Introduced in 2013-2014 Legislative Session:
A4837, S3707

2015-A6728 (ACTIVE) - Summary

Relates to granting tidal wetland permits.

2015-A6728 (ACTIVE) - Bill Text download pdf 

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

    S. 4663                                                  A. 6728

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              April 1, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  granting of tidal wetland permits

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

  Section 1. Section 25-0403 of the environmental  conservation  law  is
amended by adding three new subdivisions 4, 5 and 6 to read as follows:
  4.  TIDAL  WETLAND  PERMITS,  EXCEPT  FOR MAINTENANCE AND NEW DREDGING
PROJECTS, MAY BE GRANTED FOR A PERIOD OF NO MORE THAN FIVE  YEARS.  UPON
EXPIRATION,  AN  EXTENSION,  IF  REQUESTED, WILL NOT BE GRANTED UNLESS A
FULL, COMPLETE NEW  APPLICATION  IS  SUBMITTED  TO  THE  DEPARTMENT  FOR
REVIEW.
  5. IN GRANTING, DENYING OR LIMITING ANY PERMIT UNDER THIS SECTION, THE
DEPARTMENT  MUST  TAKE  INTO  ACCOUNT  SHORT AND LONG TERM TIDAL WETLAND
MIGRATION PATHWAYS, SEA LEVEL RISE,  AND  COASTAL  FLOODING  FROM  STORM
SURGES OF EXTREME WEATHER EVENTS WHICH MAY BECOME MORE FREQUENT WITH THE
ONSET  OF  CLIMATE CHANGE. THIS MAY REQUIRE THE DEPARTMENT TO PROMULGATE
RULES AND REGULATIONS PERTAINING TO SUCH CRITERIA.
  6. IN THE EVENT OF A PERMIT REMAINING INACTIVE FOR  THREE  YEARS,  THE
DEPARTMENT  MUST  RE-EVALUATE  THE  TERMS  AND CONDITIONS OF THE PERMIT,
LOCATION AND SCOPE OF THE PROJECT,  IF  AFTER  THOSE  THREE  YEARS,  THE
APPLICANT  CHOOSES  TO PROCEED. IN THE RE-EVALUATION OF SUCH PERMIT, THE
DEPARTMENT MUST APPLY ALL CRITERIA OUTLINED IN THIS SECTION.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08158-01-5

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