Bill Text: NY A04454 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to requiring notice to neighboring landowners within one thousand feet of intention to develop in wetland areas; requires a public hearing on a wetland application.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Engrossed) 2019-06-13 - REFERRED TO RULES [A04454 Detail]

Download: New_York-2019-A04454-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4454
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  CUSICK, L. ROSENTHAL, ENGLEBRIGHT, ABINANTI,
          LUPARDO, OTIS, TITUS -- read once and referred  to  the  Committee  on
          Environmental Conservation
        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
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 25-0402 of the environmental conservation law, as
     2  added by chapter 790 of the laws of 1973,  subdivision  2  as  added  by
     3  chapter 233 of the laws of 1979, is amended to read as follows:
     4  § 25-0402. Application for permits.
     5    1.  Any person proposing to conduct or cause to be conducted an activ-
     6  ity regulated under  this  [act]  article  upon  any  inventoried  tidal
     7  wetland shall file an application for a permit with the commissioner, in
     8  such  form  and  containing  such  information  as  the commissioner may
     9  prescribe. The applicant shall have the burden of demonstrating that the
    10  proposed activity will  be  in  complete  accord  with  the  policy  and
    11  provisions  of  this  [act]  article.  Such  application shall include a
    12  detailed description of the proposed work and a map showing the area  of
    13  tidal  wetland directly affected, with the location of the proposed work
    14  thereon, together with the names of the owners  of  record  of  adjacent
    15  lands  and  the  known  claimants  of water rights in or adjacent to the
    16  tidal wetlands of whom the applicant has notice. The commissioner  shall
    17  cause  a  copy of such application to be mailed to the chief administra-
    18  tive officer in the municipality where the proposed work or any part  of
    19  it  is  located. Upon receipt of such application by a city with a popu-
    20  lation of one million or more, such city shall cause a  notice  of  such
    21  application  to  be  mailed to owners of record of land which is located
    22  within one thousand feet of the proposed activity.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00115-01-9

        A. 4454                             2
     1    2. No sooner than thirty days and not later than sixty days after  the
     2  receipt  of an application by a city with a population of one million or
     3  more, and after notice of application has been published by  the  appli-
     4  cant  in  two  newspapers  having a general circulation in the area, the
     5  commissioner  shall hold a public hearing on such application at a suit-
     6  able location in such city where the affected wetland is situated unless
     7  no notice of objection has been filed or unless the  commissioner  finds
     8  the  activity  to be of such a minor nature as not to affect or endanger
     9  the balance of systems within the wetlands, in which  case  the  commis-
    10  sioner  may,  in the exercise of discretion, dispense with such hearing.
    11  Where the commissioner finds that a hearing is not necessary, a decision
    12  setting forth reasons therefor shall be prepared, shall be a  matter  of
    13  public  record  and shall be mailed to the city and the owners of record
    14  of property located within one thousand feet of the wetlands  where  the
    15  proposed  work or any part of it is located and to all persons who filed
    16  a statement following the publication of such notice of application. All
    17  owners of record of land which is located within one  thousand  feet  of
    18  the  proposed  activity  and  the  local  governments where the proposed
    19  activity is located shall be notified by certified mail of  the  hearing
    20  not  less  than  twenty-one days prior to the date set for such hearing.
    21  The applicant shall cause notice of such hearing to be published in  two
    22  newspapers  having  a general circulation in the area where the affected
    23  wetlands are located at least twenty-one days prior to the hearing.  All
    24  applications and maps and documents relating thereto shall be  open  for
    25  public  inspection at the office of the clerk of the county in which the
    26  wetland is situated. At such hearing any  person  or  persons  filing  a
    27  request for a hearing or a timely notice of appearance may appear and be
    28  heard.
    29    3.  The  rules  and regulations adopted by the department to implement
    30  this article and the provisions of article 70 of this chapter and  rules
    31  and  regulations  adopted  thereunder  shall govern permit applications,
    32  renewals, modifications, suspensions and revocations under this article,
    33  provided however, that after the  department  has  given  notice  to  an
    34  applicant  that an application is complete, or the application is deemed
    35  complete, the applicant shall cause a notice of completion of the appli-
    36  cation to be published in a newspaper  of  general  circulation  in  the
    37  affected area as provided in rules and regulations of the department.
    38    §  2.  Subdivisions 1, 2 and 3 of section 24-0703 of the environmental
    39  conservation law, subdivisions 1 and 2 as amended and subdivision  3  as
    40  added  by  chapter  233  of  the  laws  of  1979, are amended to read as
    41  follows:
    42    1. Any person proposing to conduct or cause to be  conducted  a  regu-
    43  lated activity upon any freshwater wetland shall file an application for
    44  a  permit  with the clerk of the local government having jurisdiction or
    45  the department, as the case may be. Review of the application  shall  be
    46  made by the local government or the commissioner, as the case may be, in
    47  accordance  with  applicable  law  and  such  rules  hereunder as may be
    48  adopted by the commissioner. Such application shall include  a  detailed
    49  description  of  the  proposed  activity  and  a map showing the area of
    50  freshwater wetland directly affected, with the location of the  proposed
    51  activity  thereon.  The clerk or commissioner shall cause notice of such
    52  application to be mailed to all local  governments  where  the  proposed
    53  activity or any part of it is located.  Upon receipt of such application
    54  by  a  city  with  a  population of one million or more, such city shall
    55  cause a notice of such application to be mailed to owners of  record  of
    56  land which is located within one thousand feet of the proposed activity.

        A. 4454                             3
     1    2.  No sooner than thirty days and not later than sixty days after the
     2  receipt by a local government of an application,  and  after  notice  of
     3  application has been published by the applicant in two newspapers having
     4  a  general  circulation in the area, the local government or the commis-
     5  sioner  shall  hold  a  public hearing on such application at a suitable
     6  location in the local government where the affected wetland is  situated
     7  unless  no  notice  of  objection  has  been  filed or unless the [local
     8  government finds the] activity has been found to  be  of  such  a  minor
     9  nature  as  not  to affect or endanger the balance of systems within the
    10  wetlands, in which case the local government or the commissioner may, in
    11  the exercise of discretion, dispense with such hearing. Where the  local
    12  government  or the commissioner finds that a hearing is not necessary, a
    13  decision setting forth reasons therefor shall be prepared,  shall  be  a
    14  matter  of  public  record and shall be mailed to all local governments,
    15  and in a city with a population of one million  or  more  to  owners  of
    16  record  of  property  located  within one thousand feet of the wetlands,
    17  where the proposed work or any part of it is located and to all  persons
    18  who  filed  a  statement  with the local government or the commissioner,
    19  following the publication of such notice of application. All  owners  of
    20  record  of  the  adjacent  land, and, in a city with a population of one
    21  million or more all owners of record of property which is located within
    22  one thousand feet of the proposed activity, and  the  local  governments
    23  where  the  proposed  activity is located shall be notified by certified
    24  mail of the hearing not less than [fifteen] twenty-one days prior to the
    25  date set for such hearing. The  local  government  or  the  commissioner
    26  shall  cause  notice  of  such hearing to be published in two newspapers
    27  having a general circulation in the area where the  affected  freshwater
    28  wetlands  are  located. All applications and maps and documents relating
    29  thereto shall be open for public inspection at the office of  the  clerk
    30  of  the  local government, or in a city with a population of one million
    31  or more, in the office of the clerk of the county in which  the  wetland
    32  is  situated. At such hearing any person or persons filing a request for
    33  a hearing or a timely notice of appearance may appear and be heard.
    34    3. In addition to the provisions of article 70  of  this  chapter  and
    35  rules  and  regulations  adopted  thereunder,  the rules and regulations
    36  adopted by the department pursuant to  this  article  to  implement  its
    37  processing  of permit applications, renewals, modifications, suspensions
    38  and revocations shall govern permit  administration  by  the  department
    39  under  this  article,  provided  however,  that after the department has
    40  given notice to an applicant that an application  is  complete,  or  the
    41  application  is  deemed  complete, the applicant shall cause a notice of
    42  completion of the application to be published in a newspaper of  general
    43  circulation in the affected area as provided in rules and regulations of
    44  the department.
    45    § 3. This act shall take effect immediately.
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