BILL NUMBER: S9479A
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
definition of tidal wetlands
 
PURPOSE OR GENERAL IDEA:
To include "Tidal Wetlands" under the statutory definition of Class I
wetlands so they can be regulated and protected by the DEC.
 
SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 25-0103 of the environmental
conservation law to define "Tidal Wetlands" as those areas in the marine
and coastal district, which border on or lie beneath tidal waters, such
as, but not limited to, banks, bogs, salt marsh, swamps, meadows, flats
or other low lands subject to tidal action, including those areas now or
formerly connected to tidal waters.
Section two states the effective date.
 
JUSTIFICATION:
Tidal wetlands are dynamic in nature and support a wide range of wild-
life, many of whom depend on unique tidal wetland conditions to
reproduce, especially birds and fish. These areas include salt marshes,
mangroves, and mudflats and play a critical role in supporting biodiver-
sity and providing vital ecosystem services. Additionally, tidal
wetlands serve as natural buffers against storms, protecting inland
areas from flooding and erosion. The vegetation in these wetland areas
stabilize shorelines and absorbs excess water during high tide events,
mitigating the impact of storm surges. Tidal wetlands are also crucial
in enhancing water quality by filtering pollutants and providing nursery
habitats for numerous species. Notably they also contribute to carbon
sequestration by capturing carbon dioxide from the atmosphere and stor-
ing it in plant biomass and soil. This is vital in addressing climate
change by reducing the amount of carbon dioxide in the atmosphere. Tidal
wetlands also provide opportunities for recreation, education, and tour-
ism, especially in places where stewardship of the wetlands is preva-
lent. Tidal wetlands can be used for fishing, hunting, hiking, wildlife
observation, and boating. It's important for DEC to be able to regulate
them to ensure any development is done responsibly. In New York State,
wetlands along the Hudson River north of the Mario Cuomo Bridge are
influenced by tidal action. However, those wetlands - which are Class I
wetlands under DEC's regulations - are categorically excluded from the
statutory definition of freshwater wetlands in Environmental Conserva-
tion Law. This includes the wetlands along the Hudson River north of the
Mario Cuomo Bridge that were previously mapped by DEC. These wetlands
are subject to tidal action and are therefore categorically excluded
from the statutory definition of freshwater wetlands.
This amendment would allow for these wetlands to be categorically
included in the statutory definition of tidal wetlands under Article 25
allowing them to be mapped and protected by the DEC.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S9479: 25-0103 environmental conservation law, 25-0103(1) environmental conservation law
S9479A: 25-0103 environmental conservation law, 25-0103(1) environmental conservation law