BILL NUMBER: S5186A
SPONSOR: MAYER
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
requiring the department of environmental conservation to implement
permit regulations and guidance regarding shoreline management
 
PURPOSE OR GENERAL IDEA OF BILL:
To direct the Department of Environmental Conservation to adopt policies
and regulations to establish nature-based solutions as the preferred
alternative for stabilizing tidal shorelines to enhance resilience and
ecological restoration.
 
SUMMARY OF PROVISIONS:
Section 1 defines "nature-based solution."
Section 2 adds a new subdivision 2-a to section 3-0301 of the environ-
mental conservation law, paragraph a of which requires the Department of
Environmental Conservation (DEC) to promulgate rules and regulations to
establish nature-based solutions, sometimes referred to as "living
shorelines," as the preferred alternative for tidal shoreline stabiliza-
tion in the state. It further directs DEC to develop guidance that
communicates this policy, identifies nature-based techniques, explain
the risks and benefits of various shoreline management options, and
recommend procedures for efficiency among regulatory agencies. Paragraph
a also specifies that DEC must give preference to shoreline management
permit applications that use nature-based solution approaches, unless
best available science shows such approaches are not suitable, in which
case DEC must require the permit applicant to incorporate elements of
nature-based solutions to the maximum extent possible.
Paragraph b further defines "nature-based solutions" for the tidal zone
and directs DEC to prioritize particular techniques in considering
nature-based solutions.
Section 3 sets the effective date.
 
JUSTIFICATION:
As climate change intensifies, our coasts and the people that live along
them face increased risks from flooding and other climate change-related
hazards. This rapidly increasing concern unfortunately takes place in
the context of decades of ecological damage to our state's shorelines
through "hardening" techniques -- such as seawalls -- that, while offer-
ing some protection on that particular property, cause habitat degrada-
tion and other environmental harms, and erosion in adjacent areas. The
benefits of natural shorelines are well-known -- they reduce flooding
and erosion by dissipating wave energy, encourage native species and
habitat diversification, improve water quality through filtering pollu-
tants, enhance connectivity with riparian habitats, and provide adapt-
ability and resilience to sea level rise in comparison to hardened
shorelines.
Nature-based solutions (also called "living shorelines" when in the
coastal environment) are shoreline management techniques that are
supported or inspired by nature or natural processes and functions and
are designed to mimic natural shorelines. Techniques to achieve this
include revitalizing dunes, planting native vegetation, and establishing
oyster reefs, and can also involve hybrid approaches depending on local
environmental factors. When the need to manage erosion or other shore-
line processes arises, nature-based solutions offer an alternative to
many hardened structures so that we can preserve the invaluable benefits
of a more natural shoreline.
Other states such as Virginia, Maryland, and Washington have already
enacted similar laws giving preference to the use of nature-based
solutions for tidal shoreline management where feasible. This bill lays
out a thoughtful process whereby state regulatory agencies will develop
policies, regulations, and guidance to expand the use of nature-based
solutions along our coasts. This will bestow a variety of ecosystem and
climate change resiliency benefits on our communities and the environ-
ment, while still providing the necessary protection from coastal
hazards.
 
PRIOR LEGISLATIVE HISTORY:
S8828A (2021-2): Passed Senate
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
The provisions of the bill shall take effect immediately after becoming
law.

Statutes affected:
S5186: 3-0301 environmental conservation law
S5186A: 3-0301 environmental conservation law