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Assembly Bill A7034

2025-2026 Legislative Session

Relates to structures built within an erosion hazard area or tidal wetland adjacent area

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Current Bill Status - In Assembly Committee

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2025-A7034 (ACTIVE) - Details

See Senate Version of this Bill:
S6129
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §34-0107, En Con L

2025-A7034 (ACTIVE) - Summary

Permits structures to remain where the local permitting authority has issued a permit for construction built within an erosion hazard area or tidal wetland adjacent area prior to the effective date of the amendments.

2025-A7034 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7034
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 18, 2025
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   structures  built  within  an  erosion  hazard area or a tidal wetland
   adjacent area
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  4  of  section  34-0107 of the environmental
 conservation law, as added by chapter  841  of  the  laws  of  1981,  is
 amended to read as follows:
   4.  Nothing  in  this section shall be construed to prohibit any local
 government from adopting and enforcing any ordinances or local laws,  or
 exercising  any  other lawful powers within any area governed by erosion
 hazard area regulations adopted  pursuant  to  this  section;  provided,
 however, that to the extent of any inconsistency between a county, city,
 town  or  village  ordinance  or local law and erosion hazard area regu-
 lations adopted pursuant  to  this  section,  the  latter  shall  apply.
 PROVIDED,  HOWEVER,  THAT  IN  A  CITY WHICH WHOLLY INCLUDES ONE OR MORE
 COUNTIES, WHERE THE LOCAL PERMITTING AUTHORITY HAS ISSUED A  PERMIT  FOR
 CONSTRUCTION  OF  STRUCTURES  WITHIN  THE  EROSION  HAZARD AREA OR TIDAL
 WETLAND ADJACENT AREA AND SUCH STRUCTURES HAVE BEEN BUILT ON  OR  BEFORE
 THE  EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-
 FIVE THAT AMENDED THIS SUBDIVISION, SUCH LOCAL PERMITS SHALL  BE  DEEMED
 TO  BE SUFFICIENT TO SATISFY ANY REQUIREMENTS FOR AN EROSION HAZARD AREA
 PERMIT, TIDAL WETLANDS PERMIT, OR VARIANCE UNDER THIS ARTICLE OR ARTICLE
 TWENTY-FIVE OF THIS CHAPTER WITH RESPECT TO TIDAL  WETLAND  PERMITS  AND
 IMPLEMENTING REGULATIONS, AND ALL SUCH STRUCTURES MAY REMAIN.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08152-02-5

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