Bill Text: NY A06939 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the unfettered removal of reeds (Phragmites communis) by the owner of residential real property in a city having a population of one million or more.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-29 - enacting clause stricken [A06939 Detail]

Download: New_York-2011-A06939-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6939
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 6, 2011
                                      ___________
       Introduced  by M. of A. TOBACCO, CUSICK -- read once and referred to the
         Committee on Cities
       AN ACT to amend the general city law and the environmental  conservation
         law, in relation to authorizing owners of residential real property in
         cities  having  a  population of one million or more to cut and remove
         reeds from their property
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.    The general city law is amended by adding a new section
    2  19-a to read as follows:
    3    S 19-A. REGULATION OF THE REMOVAL OF REEDS (PHRAGMITES  COMMUNIS).  NO
    4  PROVISION  OF  LAW  SHALL BE DEEMED TO AUTHORIZE ANY CITY HAVING A POPU-
    5  LATION OF ONE MILLION OR  MORE  TO  REGULATE  THE  CUTTING,  PULLING  OR
    6  DIGGING  UP  FOR THE PURPOSE OF REMOVAL, OR CAUSING TO BE SO REMOVED, BY
    7  THE OWNER OF RESIDENTIAL REAL PROPERTY IN SUCH CITY,  ANY  REED  (PHRAG-
    8  MITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
    9    S  2.  Section 9-1503 of the environmental conservation law is amended
   10  by adding a new subdivision 5 to read as follows:
   11    5. NO PROVISION OF THIS TITLE SHALL BE DEEMED TO PROHIBIT OR AUTHORIZE
   12  THE DEPARTMENT TO REGULATE THE CUTTING, PULLING OR DIGGING  UP  FOR  THE
   13  PURPOSE  OF  REMOVAL, OR CAUSING TO BE SO REMOVED, BY THE OWNER OF RESI-
   14  DENTIAL REAL PROPERTY IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR
   15  MORE, ANY REED (PHRAGMITES COMMUNIS) GROWING ON SUCH REAL PROPERTY.
   16    S  3. Section 24-0701 of the environmental conservation law is amended
   17  by adding a new subdivision 4-a to read as follows:
   18    4-A. THE CUTTING, PULLING AND DIGGING UP FOR THE PURPOSE  OF  REMOVAL,
   19  OR  CAUSING  TO  BE  SO  REMOVED, OF ANY REED (PHRAGMITES COMMUNIS) FROM
   20  FRESHWATER WETLANDS UPON RESIDENTIAL REAL PROPERTY IN A  CITY  HAVING  A
   21  POPULATION  OF  ONE MILLION OR MORE, BY THE OWNER OF SUCH PROPERTY SHALL
   22  BE EXCLUDED FROM REGULATED ACTIVITIES AND SHALL  NOT  REQUIRE  A  PERMIT
   23  PURSUANT TO SUBDIVISION ONE OF THIS SECTION.
   24    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10621-01-1