S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9352
 
                             I N  S E N A T E
 
                               May 19, 2022
                                ___________
 
 Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 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:
 § 25-0402. Application for permits.
   1.  Any person proposing to conduct or cause to be conducted an activ-
 ity regulated under  this  [act]  ARTICLE  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]  ARTICLE.  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  claimants  of water rights in or adjacent to the
 tidal wetlands of whom the applicant has notice. The commissioner  shall
 cause  a  copy of such application to be mailed to the chief administra-
 tive officer in the municipality where the proposed work or any part  of
 it  is  located. UPON RECEIPT OF SUCH APPLICATION BY A CITY WITH A POPU-
 LATION 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.
   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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01149-01-1
 S. 9352                             2
 
 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.
   § 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.
   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
 S. 9352                             3
 
 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.
   § 3. This act shall take effect immediately.