S T A T E O F N E W Y O R K
________________________________________________________________________
3206
2023-2024 Regular Sessions
I N S E N A T E
January 30, 2023
___________
Introduced by Sen. HELMING -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
selectively cutting timber
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 24-0701 of the environmental
conservation law, as amended by chapter 697 of the laws of 1979, is
amended to read as follows:
4. The activities of farmers and other landowners in grazing and
watering livestock, making reasonable use of water resources, harvesting
natural products of the wetlands, selectively cutting timber, draining
land or wetlands for growing agricultural products and otherwise engag-
ing in the use of wetlands or other land for growing agricultural
products shall be excluded from regulated activities and shall not
require a permit under subdivision one hereof, except that structures
not required for enhancement or maintenance of the agricultural produc-
tivity of the land and any filling activities shall not be excluded
hereunder, and provided that the use of land designated as a freshwater
wetland upon the freshwater wetlands map at the effective date thereof
for uses other than those referred to in this subdivision shall be
subject to the provisions of this article. WHEN SELECTIVELY CUTTING
TIMBER, THE CONSTRUCTION AND USE OF TEMPORARY SKIDDER TRAILS AND MACHIN-
ERY, USING CURRENT BEST MANAGEMENT PRACTICES AS DEFINED BY THE UNITED
STATES DEPARTMENT OF AGRICULTURE FOREST SERVICES, FOR THE REMOVAL OF
SUCH TIMBER SHALL BE EXCLUDED FROM REGULATED ACTIVITIES AND SHALL NOT
REQUIRE A PERMIT UNDER SUBDIVISION ONE OF THIS SECTION.
§ 2. Subdivision 4 of section 24-0701 of the environmental conserva-
tion law, as amended by section 7 of part QQ of chapter 58 of the laws
of 2022, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04969-01-3
S. 3206 2
4. On lands in active agricultural use or silviculture use, the activ-
ities of farmers and other landowners in grazing and watering livestock,
making reasonable use of water resources, harvesting natural products of
the wetlands, selectively cutting timber, draining land or wetlands for
growing agricultural products and otherwise engaging in the use of
wetlands or other land for growing agricultural products shall be
excluded from regulated activities and shall not require a permit under
subdivision one of this section, except that structures not required for
enhancement or maintenance of the agricultural productivity of the land
and any filling activities shall not be excluded hereunder, and provided
that the use of land that meets the definition of a freshwater wetland
in section 24-0107 of this article for uses other than those referred to
in this subdivision shall be subject to the provisions of this article.
WHEN SELECTIVELY CUTTING TIMBER, THE CONSTRUCTION AND USE OF TEMPORARY
SKIDDER TRAILS AND MACHINERY, USING CURRENT BEST MANAGEMENT PRACTICES
AS DEFINED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE FOREST
SERVICES, FOR THE REMOVAL OF SUCH TIMBER SHALL BE EXCLUDED FROM
REGULATED ACTIVITIES AND SHALL NOT REQUIRE A PERMIT UNDER SUBDIVISION
ONE OF THIS SECTION. All activities on lands that meet the definition of
a freshwater wetland shall be subject to the provisions of this article
once agricultural or silviculture activities cease.
§ 3. This act shall take effect immediately; provided that section two
of this act shall take effect on the same date and in the same manner as
section 7 of part QQ of chapter 58 of the laws of 2022 takes effect.