assembly Bill A9764

2015-2016 Legislative Session

Relates to freshwater wetlands and repeals section 24-1305 relating thereto

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Archive: Last Bill Status - In Assembly Committee

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

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2016 reported referred to ways and means
Apr 05, 2016 referred to environmental conservation



A9764 (ACTIVE) - Details

See Senate Version of this Bill:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§24-0105, 24-0107, 24-0301, 24-0701, 24-0703, 24-0901 & 24-0903, rpld §24-1305, En Con L
Versions Introduced in Other Legislative Sessions:
2017-2018: A6282, S1749, S8796
2019-2020: A3658, S5576, S7366
2021-2022: A8042, S2979

A9764 (ACTIVE) - Summary

Relates to the definition of freshwater wetlands; repeals section relating to the applicability of the freshwater wetlands article; provides authority of DEC over wetlands which are one acre or more; amends permitting requirements for subdivision of land.

A9764 (ACTIVE) - Bill Text download pdf

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


                          I N  A S S E M B L Y

                              April 5, 2016

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

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  freshwater wetlands and repealing section 24-1305 of such law relating


  Section 1. Subdivision 7  of  section  24-0105  of  the  environmental
conservation  law,  as  added  by chapter 614 of the laws of 1975 and as
renumbered by chapter 654 of the laws of 1977, is  amended  to  read  as
  7. Any loss of freshwater wetlands deprives the people of the state of
some  or  all  of  the  many  and  multiple  benefits to be derived from
wetlands, to wit:
  (a) flood and storm control by the hydrologic absorption  and  storage
capacity of freshwater wetlands;
  (b)  wildlife  habitat  by  providing  breeding,  nesting  and feeding
grounds and cover for many forms of wildlife, wildfowl  and  shorebirds,
including  migratory wildfowl and rare, ENDANGERED OR THREATENED species
such as the bald eagle and osprey;
  (c) protection of subsurface water resources and provision  for  valu-
able watersheds and recharging ground water supplies;
  (d)  recreation  by  providing  areas  for  hunting, fishing, boating,
hiking, bird watching, photography, camping and other uses;
  (e) pollution treatment by serving as biological and  chemical  oxida-
tion basins;
  (f)  erosion  control  by serving as sedimentation areas and filtering
basins, absorbing silt and organic matter and  protecting  channels  and
  (g)  education and scientific research by providing readily accessible
outdoor bio-physical laboratories, living classrooms and  vast  training
and education resources; [and]

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