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Senate Bill S6129B

2025-2026 Legislative Session

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

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Current Bill Status - In Senate Committee Environmental Conservation Committee

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Bill Amendments

2025-S6129 - Details

See Assembly Version of this Bill:
A7034
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation

2025-S6129 - 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-S6129 - Sponsor Memo

2025-S6129 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6129
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- 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
   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-S6129A - Details

See Assembly Version of this Bill:
A7034
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation

2025-S6129A - 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-S6129A - Sponsor Memo

2025-S6129A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6129--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  -- recommitted to the Committee on Environmental Conser-
   vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08152-03-6

2025-S6129B (ACTIVE) - Details

See Assembly Version of this Bill:
A7034
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation

2025-S6129B (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-S6129B (ACTIVE) - Sponsor Memo

2025-S6129B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6129--B
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by Sen. SCARCELLA-SPANTON -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  -- recommitted to the Committee on Environmental Conser-
   vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  committee  discharged,  bill amended, 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.
                                                            LBD08152-05-6
 S. 6129--B                          2

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