Bill Text: NY S09352 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to requiring notice to neighboring landowners within one thousand feet of intention to develop in wetland areas; requires a public hearing on a wetland application.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-06-02 - referred to ways and means [S09352 Detail]
Download: New_York-2021-S09352-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9352 IN SENATE May 19, 2022 ___________ Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conser- vation AN ACT to amend the environmental conservation law, in relation to requiring notice to adjacent landowners where certain development is proposed in wetlands in a city with a population of one million or more The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 25-0402 of the environmental conservation law, as 2 added by chapter 790 of the laws of 1973, subdivision 2 as added by 3 chapter 233 of the laws of 1979, is amended to read as follows: 4 § 25-0402. Application for permits. 5 1. Any person proposing to conduct or cause to be conducted an activ- 6 ity regulated under this [act] article upon any inventoried tidal 7 wetland shall file an application for a permit with the commissioner, in 8 such form and containing such information as the commissioner may 9 prescribe. The applicant shall have the burden of demonstrating that the 10 proposed activity will be in complete accord with the policy and 11 provisions of this [act] article. Such application shall include a 12 detailed description of the proposed work and a map showing the area of 13 tidal wetland directly affected, with the location of the proposed work 14 thereon, together with the names of the owners of record of adjacent 15 lands and the known claimants of water rights in or adjacent to the 16 tidal wetlands of whom the applicant has notice. The commissioner shall 17 cause a copy of such application to be mailed to the chief administra- 18 tive officer in the municipality where the proposed work or any part of 19 it is located. Upon receipt of such application by a city with a popu- 20 lation of one million or more, such city shall cause a notice of such 21 application to be mailed to owners of record of land which is located 22 within one thousand feet of the proposed activity. 23 2. No sooner than thirty days and not later than sixty days after the 24 receipt of an application by a city with a population of one million or 25 more, and after notice of application has been published by the appli- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01149-01-1S. 9352 2 1 cant in two newspapers having a general circulation in the area, the 2 commissioner shall hold a public hearing on such application at a suit- 3 able location in such city where the affected wetland is situated unless 4 no notice of objection has been filed or unless the commissioner finds 5 the activity to be of such a minor nature as not to affect or endanger 6 the balance of systems within the wetlands, in which case the commis- 7 sioner may, in the exercise of discretion, dispense with such hearing. 8 Where the commissioner finds that a hearing is not necessary, a decision 9 setting forth reasons therefor shall be prepared, shall be a matter of 10 public record and shall be mailed to the city and the owners of record 11 of property located within one thousand feet of the wetlands where the 12 proposed work or any part of it is located and to all persons who filed 13 a statement following the publication of such notice of application. All 14 owners of record of land which is located within one thousand feet of 15 the proposed activity and the local governments where the proposed 16 activity is located shall be notified by certified mail of the hearing 17 not less than twenty-one days prior to the date set for such hearing. 18 The applicant shall cause notice of such hearing to be published in two 19 newspapers having a general circulation in the area where the affected 20 wetlands are located at least twenty-one days prior to the hearing. All 21 applications and maps and documents relating thereto shall be open for 22 public inspection at the office of the clerk of the county in which the 23 wetland is situated. At such hearing any person or persons filing a 24 request for a hearing or a timely notice of appearance may appear and be 25 heard. 26 3. The rules and regulations adopted by the department to implement 27 this article and the provisions of article 70 of this chapter and rules 28 and regulations adopted thereunder shall govern permit applications, 29 renewals, modifications, suspensions and revocations under this article, 30 provided however, that after the department has given notice to an 31 applicant that an application is complete, or the application is deemed 32 complete, the applicant shall cause a notice of completion of the appli- 33 cation to be published in a newspaper of general circulation in the 34 affected area as provided in rules and regulations of the department. 35 § 2. Subdivisions 1, 2 and 3 of section 24-0703 of the environmental 36 conservation law, subdivisions 1 and 2 as amended and subdivision 3 as 37 added by chapter 233 of the laws of 1979, are amended to read as 38 follows: 39 1. Any person proposing to conduct or cause to be conducted a regu- 40 lated activity upon any freshwater wetland shall file an application for 41 a permit with the clerk of the local government having jurisdiction or 42 the department, as the case may be. Review of the application shall be 43 made by the local government or the commissioner, as the case may be, in 44 accordance with applicable law and such rules hereunder as may be 45 adopted by the commissioner. Such application shall include a detailed 46 description of the proposed activity and a map showing the area of 47 freshwater wetland directly affected, with the location of the proposed 48 activity thereon. The clerk or commissioner shall cause notice of such 49 application to be mailed to all local governments where the proposed 50 activity or any part of it is located. Upon receipt of such application 51 by a city with a population of one million or more, such city shall 52 cause a notice of such application to be mailed to owners of record of 53 land which is located within one thousand feet of the proposed activity. 54 2. No sooner than thirty days and not later than sixty days after the 55 receipt by a local government of an application, and after notice of 56 application has been published by the applicant in two newspapers havingS. 9352 3 1 a general circulation in the area, the local government or the commis- 2 sioner shall hold a public hearing on such application at a suitable 3 location in the local government where the affected wetland is situated 4 unless no notice of objection has been filed or unless the [local5government finds the] activity has been found to be of such a minor 6 nature as not to affect or endanger the balance of systems within the 7 wetlands, in which case the local government or the commissioner may, in 8 the exercise of discretion, dispense with such hearing. Where the local 9 government or the commissioner finds that a hearing is not necessary, a 10 decision setting forth reasons therefor shall be prepared, shall be a 11 matter of public record and shall be mailed to all local governments, 12 and in a city with a population of one million or more to owners of 13 record of property located within one thousand feet of the wetlands, 14 where the proposed work or any part of it is located and to all persons 15 who filed a statement with the local government or the commissioner, 16 following the publication of such notice of application. All owners of 17 record of the adjacent land, and, in a city with a population of one 18 million or more all owners of record of property which is located within 19 one thousand feet of the proposed activity, and the local governments 20 where the proposed activity is located shall be notified by certified 21 mail of the hearing not less than [fifteen] twenty-one days prior to the 22 date set for such hearing. The local government or the commissioner 23 shall cause notice of such hearing to be published in two newspapers 24 having a general circulation in the area where the affected freshwater 25 wetlands are located. All applications and maps and documents relating 26 thereto shall be open for public inspection at the office of the clerk 27 of the local government, or in a city with a population of one million 28 or more, in the office of the clerk of the county in which the wetland 29 is situated. At such hearing any person or persons filing a request for 30 a hearing or a timely notice of appearance may appear and be heard. 31 3. In addition to the provisions of article 70 of this chapter and 32 rules and regulations adopted thereunder, the rules and regulations 33 adopted by the department pursuant to this article to implement its 34 processing of permit applications, renewals, modifications, suspensions 35 and revocations shall govern permit administration by the department 36 under this article, provided however, that after the department has 37 given notice to an applicant that an application is complete, or the 38 application is deemed complete, the applicant shall cause a notice of 39 completion of the application to be published in a newspaper of general 40 circulation in the affected area as provided in rules and regulations of 41 the department. 42 § 3. This act shall take effect immediately.
