NY State Senate Bill 2019-S5567

Senate Bill S5567

2019-2020 Legislative Session

Requires local building departments to provide written notice to certain owners or occupants of real property, buildings or other structures

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to local government
May 07, 2019	referred to local government

2019-S5567 (ACTIVE) - Details

Current Committee:: Senate Local Government
Law Section:: Executive
Versions Introduced in 2021-2022 Legislative Session:: S1371

2019-S5567 (ACTIVE) - Summary

Requires local building departments to provide written notice to certain owners or occupants of real property, buildings or other structures stating that certain construction on such property, or certain substantial repairs to or improvements of existing buildings or structures on such property, or sustained substantial damage as a result of Superstorm Sandy, shall comply with applicable base flood elevation requirements as delineated on the currently effective flood insurance rate map or flood hazard boundary map issued by the federal emergency management agency; and requires such notice to be delivered no later than September 1, 2019.

2019-S5567 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5567

SPONSOR: BROOKS
 
TITLE OF BILL:  An act to provide notice of base flood elevation
requirements to certain owners of property, buildings or other struc-
tures

 
PURPOSE:

Requires local building departments to notify homeowners and property
owners of requirements for new construction to adhere to base flood
guidelines.

 
SUMMARY OF PROVISIONS:

Section 1. requires local building departments to notify occupants of
structures in special flood hazard areas of the need to adhere to base
flood requirements of the currently effective flood insurance map.

Section 2. is the enacting clause.

 
JUSTIFICATION:

Following Superstorm Sandy, many localities in flood zones suffered
heavy damage resulting in construction that in many cases is still
continuing today. The storm also revealed the susceptibility of these
areas to future storms and highlighted the wisdom of flood maps and
federal construction guidelines.

Many homeowners performing construction in the wake of the storm, howev-
er, never received a notice from their local building department of the
flood map standards they were expected to adhere to.  Notices served
years after construction had begun, or sometimes not at all, caused both
confusion and added costs to homeowners and increased their susceptibil-
ity to future flooding events.

This bill will seek to add long overdue clarity to the process of
rebuilding in the localities that need it most and increase their resi-
lience in future flooding events.

 
FISCAL IMPLICATIONS:

None to the state.

 
LOCAL FISCAL IMPLICATIONS:

Minimal costs associated with sending notices to homeowners.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5567 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5567
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                May 7, 2019
                                ___________
 
 Introduced  by  Sen.  BROOKS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to provide notice of base flood elevation requirements to certain
   owners of property, buildings or other structures
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  1.  Each  local building department shall provide written
 notice to all owners or occupants of real property, buildings  or  other
 structures  in such department's respective county which are situated in
 a special flood hazard area, who: (a) on or after  October  22nd,  2012,
 file an application for a building permit to construct a new building or
 structure  or to substantially repair or improve an existing building or
 structure on such property; or (b) prior  to  October  22nd,  2012,  was
 issued  a  building permit to: (i) construct a new building or structure
 which has not undergone substantial commencement of construction  as  of
 such  date, or (ii) substantially repair or improve an existing building
 or structure on such property and the cost of such repair or improvement
 exceeds fifty percent of the value of such  building  or  structure,  or
 (iii)  sustained  substantial  damage  as a result of super storm Sandy.
 The notice shall state that such construction, or substantial repair  or
 improvement  shall  comply with applicable base flood elevation require-
 ments as delineated on the currently effective flood insurance rate  map
 (FIRM)  or  flood  hazard  boundary  map issued by the federal emergency
 management agency. Such notice shall be delivered no later than  Septem-
 ber 1st, 2019.
   2.  For  purposes  of  this  act,  the  following terms shall have the
 following meanings:
   (a) "Special flood hazard area" shall mean any area subject to  a  one
 percent or greater chance of flooding in any given year as determined by
 the  currently effective flood insurance rate map (FIRM) or flood hazard
 boundary map issued by the federal emergency management agency.
   (b) "Substantial commencement of construction" shall mean a foundation
 has been completed for the construction of a new building or structure.
   § 2. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10972-02-9

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