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