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Assembly Bill A7034B

2025-2026 Legislative Session

Permits structures to remain within a certain erosion hazard area or tidal wetland adjacent area

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Bill Amendments

2025-A7034 - Details

See Senate Version of this Bill:
S6129
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law

2025-A7034 - Summary

Permits structures to remain where the local permitting authority has issued a permit for construction built within a certain erosion hazard area or tidal wetland adjacent area.

2025-A7034 - 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

2025-A7034A - Details

See Senate Version of this Bill:
S6129
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law

2025-A7034A - Summary

Permits structures to remain where the local permitting authority has issued a permit for construction built within a certain erosion hazard area or tidal wetland adjacent area.

2025-A7034A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7034--A
 
                        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 -- recommitted to the Committee on Envi-
   ronmental Conservation in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 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 WITH RESPECT TO RESIDENTIAL PROPERTIES LOCATED
 SEAWARD OF NICOLOSI DRIVE IN RICHMOND COUNTY THAT FRONT ON THE SHORELINE
 OF THE RARITAN BAY, INCLUDING, WITHOUT LIMITATION, BLOCK 6475, LOTS 169,
 175, 190 200, 205, 210, 215,220, 225, 230,AND 235, AS SHOWN ON  THE  TAX
 MAP  OF  THE  CITY OF NEW YORK, 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 THOU-
 SAND TWENTY-SIX 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  ARTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08152-04-6

2025-A7034B (ACTIVE) - Details

See Senate Version of this Bill:
S6129
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law

2025-A7034B (ACTIVE) - Summary

Permits structures to remain where the local permitting authority has issued a permit for construction built within a certain erosion hazard area or tidal wetland adjacent area.

2025-A7034B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7034--B
 
                        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 -- recommitted to the Committee on Envi-
   ronmental Conservation in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee
 
 AN ACT to permit structures to remain within a  certain  erosion  hazard
   area or tidal wetland adjacent area
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. For purposes of this act, the  term  "eligible  properties"
 shall  mean  residential  properties  in a costal erosion hazard area or
 tidal wetland area, as determined by  the  department  of  environmental
 conservation  and  located southeast of Hylan Blvd between Wiman Ave and
 Arbutus Ave in the County of Richmond, where: (a) the  local  permitting
 authority   has   issued  a  permit  prior  to  December  31,  2022  for
 construction of structures within the coastal  erosion  hazard  area  or
 tidal wetland adjacent area; and
   (b)  the  property  owner  has  submitted  documentation and a written
 certification, affirmed under penalty of perjury that:
   (i) the applicable permits were issued by the local permitting author-
 ity prior to the earlier of December 31, 2022, or the date on which  the
 property  owner  became  aware of a violation of article 25 or 34 of the
 environmental conservation law on the property;
   (ii) the  property  owner  exercised  reasonable  due  diligence  when
 purchasing the property and had no knowledge of any violation of article
 25  or  34 of the environmental conservation law, including any require-
 ment to obtain a coastal erosion hazard area permit  or  tidal  wetlands
 permit in addition to the locally issued permit for construction; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08152-06-6
 A. 7034--B                          2

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