BILL NUMBER: S7210
SPONSOR: LANZA
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
requiring notice to adjacent landowners where certain development is
proposed in wetlands in a city with a population of one million or more
 
PURPOSE:
To require notice to neighboring landowners of intention to develop in
wetland areas.
 
SUMMARY OF SPECIFIC PROVISIONS:
This legislation amends § 25-0402 of the Environmental Conservation Law
by adding a new subdivision 2 to provide for a public hearing on a
wetland application.
Subdivisions 2 and 3 of 24-0703 of the Environmental Conservation Law
are amended to provide 21 days written notice to property owners located
within 1000 feet of the proposed activity.
 
JUSTIFICATION:
Current law provides for notice to adjacent lands and known claimants.
This bill, however, will give neighbors impacted by applications for
building permits in areas designated as wetlands notice of the permit
and the opportunity to comment and oppose such a permit. This bill
provides for notice to the neighbors and directs the Department of Envi-
ronmental Conservation (DEC) to apprise the neighbors of the outcome of
the application. The best way to police these applications and to
protect areas designated as wetlands is to insure that everyone with an
interest in protecting them is nof fred of the application. By giving
the neighbors the opportunity to comment on the permit application, the
NYS DEC will have the opportunity to consider all relevant information
in ruling on the permit. The notice requirement of 21 days will not
unduly delay the process, but will provide an added level of protection
to these important resources.
 
LEGISLATIVE HISTORY:
2024: S.5994 - Referred to Environmental Conservation
2023: S.5994 - Referred to Environmental Conservation
2022: S.9352- Passed Senate / A.2194 - 3rd Reading Rules Cal.290
2020: S.3273- Referred to Environmental Conservation/A.1366- Passed
Assembly.
2019: S.3273- Referred to Environmental Conservation/ A.1366- Passed
Assembly
2018: S.1866- Referred to Environmental Conservation/ A.1366- Passed
Assembly
2017: S.1866 - Reported to Rules / A.1366 - Passed Assembly
2016: S.3498 - Died in Environmental Conservation / A.5123 517 - Passed
Assembly
2014: S.2488 - 3rd Reading Calendar / A.517 - Passed Assembly
2012: S.7163 - Died in Environmental Conservation / A.366 - Passed
Assembly
2010: S.507 -Referred to Environmental Conservation /A.2654 - Passed
Assembly
2009: S.507 - Referred to Environmental Conservation /A.2654 - Passed
Assembly
2008: S.3035 - Referred to Environmental Conservation/ A.2759 - Passed
Assembly
2007: S.3035 - Reported to Rules / A.2799 - Passed Assembly
2006: S.5169-B - Reported to Rules / A.7462-E - Passed Assembly
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.