S T A T E O F N E W Y O R K
________________________________________________________________________
3477
2025-2026 Regular Sessions
I N S E N A T E
January 27, 2025
___________
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
control of aquatic vegetation by means of a benthic barrier
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 9-1712 to read as follows:
§ 9-1712. CONTROL OF AQUATIC VEGETATION BY MEANS OF A BENTHIC BARRIER.
1. FOR THE PURPOSES OF THIS SECTION, "BENTHIC BARRIER" SHALL MEAN A
FILM OF NATURAL OR SYNTHETIC MATTER WHICH IS GAS PERMEABLE AND ANCHORED
BY MEANS OTHER THAN STONE FROM THE LAKE BOTTOM, FOR THE SOLE PURPOSE OF
CONTROLLING OR SUPPRESSING AQUATIC VEGETATION AROUND RESIDENTIAL DOCKS
OR SWIMMING AREAS.
2. NO PERSON SHALL BE PROHIBITED FROM PLACING TEMPORARY BENTHIC BARRI-
ERS IN ANY FRESHWATER BODY OF WATER LOCATED IN FRONT OF THEIR PROPERTY'S
SHORELINE BETWEEN JULY FIRST AND OCTOBER THIRTY-FIRST EACH YEAR, FOR THE
PURPOSE OF CONTROLLING INVASIVE AQUATIC PLANTS AROUND, NEAR AND BETWEEN
DOCKS.
3. THE PLACEMENT OF THESE TEMPORARY BENTHIC BARRIERS SHALL NOT BE
CONSIDERED "FILL", AND THEREFORE ARE NOT SUBJECT TO THE PROVISIONS OF
TITLE FIVE OF ARTICLE FIFTEEN OF THIS CHAPTER OR GENERAL PERMIT
GP-0-17-001.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07390-01-5