Bill Text: NY A06777 | 2011-2012 | General Assembly | Introduced


Bill Title: Provides for the removal of phragmites where such phragmites grow continuously in an area containing five acres of land or more.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A06777 Detail]

Download: New_York-2011-A06777-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6777
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 31, 2011
                                      ___________
       Introduced  by M. of A. TOBACCO -- read once and referred to the Commit-
         tee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         removal of phragmites
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The title heading of title 15 of article 9 of the  environ-
    2  mental  conservation law, as amended by chapter 602 of the laws of 2003,
    3  is amended to read as follows:
    4                 REMOVAL OF TREES [AND], PROTECTED PLANTS AND
    5                                 PHRAGMITES
    6    S 2. The environmental conservation law is amended  by  adding  a  new
    7  section 9-1505 to read as follows:
    8  S 9-1505. REMOVAL OF PHRAGMITES.
    9    THE  DEPARTMENT  SHALL REMOVE PHRAGMITES FROM ANY AREA OF THE STATE IN
   10  WHICH SUCH PHRAGMITES GROW CONTINUOUSLY IN AN AREA CONTAINING FIVE ACRES
   11  OF LAND OR MORE. UPON REMOVAL OF SUCH PHRAGMITES,  SUCH  LAND  SHALL  BE
   12  REPLANTED WITH WETLAND PLANTINGS NATIVE TO THE AREA IN WHICH SUCH PHRAG-
   13  MITES ARE REMOVED. NO ACTION FOR TRESPASS SHALL LIE ON ACCOUNT OF INJURY
   14  TO  PRIVATE  PROPERTY  AS  A  RESULT OF SUCH REMOVAL, IF SUCH REMOVAL IS
   15  PERFORMED IN THE PROTECTION OF THE LANDS OF THE STATE FROM FIRE.
   16    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04792-01-1
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