Bill Text: NY A02952 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to selectively cutting timber and exclusion of current best management practices from regulated activities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A02952 Detail]

Download: New_York-2023-A02952-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2952

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 1, 2023
                                       ___________

        Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
          tee on Environmental Conservation

        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          selectively cutting timber

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision  4  of  section  24-0701 of the environmental
     2  conservation law, as amended by chapter 697 of  the  laws  of  1979,  is
     3  amended to read as follows:
     4    4.  The  activities  of  farmers  and  other landowners in grazing and
     5  watering livestock, making reasonable use of water resources, harvesting
     6  natural products of the wetlands, selectively cutting  timber,  draining
     7  land  or wetlands for growing agricultural products and otherwise engag-
     8  ing in the use of  wetlands  or  other  land  for  growing  agricultural
     9  products  shall  be  excluded  from  regulated  activities and shall not
    10  require a permit under subdivision one hereof,  except  that  structures
    11  not  required for enhancement or maintenance of the agricultural produc-
    12  tivity of the land and any filling  activities  shall  not  be  excluded
    13  hereunder,  and provided that the use of land designated as a freshwater
    14  wetland upon the freshwater wetlands map at the effective  date  thereof
    15  for  uses  other  than  those  referred  to in this subdivision shall be
    16  subject to the provisions of this article.    When  selectively  cutting
    17  timber, the construction and use of temporary skidder trails and machin-
    18  ery,  using  current  best management practices as defined by the United
    19  States Department of Agriculture Forest Services,  for  the  removal  of
    20  such  timber  shall  be excluded from regulated activities and shall not
    21  require a permit under subdivision one of this section.
    22    § 2. Subdivision 4 of section 24-0701 of the  environmental  conserva-
    23  tion  law,  as amended by section 7 of part QQ of chapter 58 of the laws
    24  of 2022, is  amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04969-01-3
        A. 2952                             2

     1    4. On lands in active agricultural use or silviculture use, the activ-
     2  ities of farmers and other landowners in grazing and watering livestock,
     3  making reasonable use of water resources, harvesting natural products of
     4  the wetlands, selectively cutting timber, draining land or wetlands  for
     5  growing  agricultural  products  and  otherwise  engaging  in the use of
     6  wetlands or other  land  for  growing  agricultural  products  shall  be
     7  excluded  from regulated activities and shall not require a permit under
     8  subdivision one of this section, except that structures not required for
     9  enhancement or maintenance of the agricultural productivity of the  land
    10  and any filling activities shall not be excluded hereunder, and provided
    11  that  the  use of land that meets the definition of a freshwater wetland
    12  in section 24-0107 of this article for uses other than those referred to
    13  in this subdivision shall be subject to the provisions of this  article.
    14  When  selectively  cutting timber, the construction and use of temporary
    15  skidder trails and machinery,  using  current  best management practices
    16  as  defined  by  the  United  States  Department  of  Agriculture Forest
    17  Services,  for  the  removal  of such  timber  shall   be excluded  from
    18  regulated  activities  and  shall not require a permit under subdivision
    19  one of this section. All activities on lands that meet the definition of
    20  a freshwater wetland shall be subject to the provisions of this  article
    21  once agricultural or silviculture activities cease.
    22    § 3. This act shall take effect immediately; provided that section two
    23  of this act shall take effect on the same date and in the same manner as
    24  section 7 of part QQ of chapter 58 of the laws of 2022 takes effect.