Relates to protection of state lands and provides criminal and civil penalties for violation of provisions relating thereto

Section 2 of this bill amends ECL §71-0703(1) to clarify and confirm that violations of ECL Article 9, relating to the State lands and forests, are subject to criminal and civil prosecutions. It also increases the criminal and civil penalties and provides injunctive relief for violations of ECL Article 9. The fine is increased from not more than $250, to not less than $50 nor more than $1,000; the civil penalty is increased from not less than $10 nor more than $1 00, to not less than $50 nor more than $1,000. Section 2 of this bill also adds a new subdivision 9 to ECL §71-0703 to: (1) establish a civil penalty of not more than $5,000 for each violation of ECL

§9-0303(2), or any rule or regulation pertaining to the erection, use, maintenance, storage or abandonment of a structure, improvement or fixture in or on State lands under DEC's jurisdiction, or any term or condition of any permit or other authorization issued to a person authorizing the use of State lands for a specific purpose, or any final determination or order relating to State lands; and (2) authorize injunctive relief, including authority for DEC to remove structures, improvements and fixtures found in or on State lands.

Section 3 of this bill provides that the bill would take effect on the 90th day after it becomes a law.

Existing law

ECL §9-0303 sets forth the restrictions on the use of State lands. ECL §71-0703(1) provides for a criminal fine of not more than $250 and/or imprisonment for not more than 15 days and, in addition thereto, a civil penalty of not less than $10 nor more than $100; it does not provide injunctive relief.

Prior legislative history

In 2008, a DEC departmental bill which included a similar proposal among other provisions was introduced in the Senate (S.8252) but died in the Senate Environmental Conservation Committee.

Statement in support

The proposed revisions to ECL §§ 9-0303 and 71-0703 would ensure protection of the State's natural resources by clarifying and confirming the existing restrictions on the use of State lands and DEC's authority to remove illegal structures, improvements and fixtures, as well as stored and abandoned property, from State lands. Additionally, providing injunctive relief and increasing the penalties applicable to violations of ECL Article 9, and other violations related to the improper use of State lands, would provide a meaningful deterrent to potential violators.

DEC administers over four million acres of State lands. These lands include more than three million acres of Forest Preserve lands, 763,000 acres of State forests, and other lands including Unique Areas, Wildlife Management Areas and tidal wetlands. There are over 17,000 miles of boundary lines on these properties which must be protected from encroachments and other trespasses. The lands administered by DEC are managed to protect and enhance significant habitats, wetlands, and threatened and endangered species as well as to provide recreational opportunities for the public, provide clean water and wood products, and protect New York's wild areas.

It is increasingly common for neighboring landowners to use State lands for their own purposes. DEC estimates that there are presently thousands of unresolved encroachments and trespasses which range from mowing of State lands and storage of personal property to construction of buildings on State lands. There are numerous examples of sheds, swimming pools, garages, septic systems, lawns, driveways, and homes constructed and maintained on State lands.

Existing penalties are insufficient to prevent these encroachments and trespasses. Enhanced injunctive remedies and higher penalties would help deter future encroachments and trespasses and provide additional tools to rectify ongoing violations.

Budget implications

None.

Effective date

The bill would take effect on the 90th day after it becomes a law.