Bill Text: NY S04887 | 2009-2010 | General Assembly | Introduced

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Bill Title: Enacts the wetlands homeowner's relief act; adds new section to the environmental conservation law, relating to homeowners in a wetlands designated area; provides that a homeowner who currently lives within a wetlands designated area shall not have to apply for a building permit for use of land within a fifty foot periphery of the house and garage; provides that new maps may not be issued without prior approval from the legislature; prohibits DEC from delineating wetlands beyond the boundaries shown on official wetlands maps.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04887 Detail]

Download: New_York-2009-S04887-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4887
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2009
                                      ___________
       Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         enacting the wetlands homeowner's relief act
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as  the  "wetlands
    2  homeowner's relief act".
    3    S  2.  The  environmental  conservation law is amended by adding a new
    4  section 24-0302 to read as follows:
    5  S 24-0302. HOMEOWNERS; WETLANDS.
    6    1. A HOMEOWNER WHO CURRENTLY LIVES WITHIN A WETLANDS  DESIGNATED  AREA
    7  SHALL  NOT  HAVE  TO APPLY FOR BUILDING PERMITS ISSUED BY THE DEPARTMENT
    8  FOR USE OF LAND WITHIN FIFTY FEET FROM THE PERIPHERY OF SUCH HOMEOWNER'S
    9  HOUSE AND GARAGE.
   10    2. ONCE THE DEPARTMENT  HAS  ISSUED  A  WETLANDS  MAP  FOR  ANY  GIVEN
   11  GEOGRAPHICAL AREA, A NEW MAP SHALL NOT BE ISSUED WITHOUT APPROVAL BY THE
   12  LEGISLATURE.
   13    3.  THE  DEPARTMENT IS PROHIBITED FROM DELINEATING WETLANDS BEYOND THE
   14  BOUNDARIES  OF  MAPPED  WETLANDS  SHOWN  ON  THE  DEPARTMENT'S  OFFICIAL
   15  WETLANDS MAPS.
   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.
                                                                  LBD00756-01-9