Relates to the definition of freshwater wetlands; repealer

15 Co-sponsors

• Eric Adams
• Joseph P. Addabbo Jr.
• Neil D. Breslin
• Ruben Diaz
• Thomas K. Duane
• Liz Krueger
• Velmanette Montgomery
• George Onorato
• Suzi Oppenheimer
• Kevin S. Parker
• Bill Perkins
• Diane J. Savino
• Eric T. Schneiderman
• José M. Serrano
• Toby Ann Stavisky

Title of bill

An act to amend the environmental conservation law, in relation to freshwater wetlands and repealing section 24-1305 of such law relating thereto

Purpose

To provide the Department of Environmental Conservation with regulatory authority over freshwater wetlands of one acre or more in size and other wetlands of significant local importance.'

Summary of provisions

Section one of the bill amends section 24-0105 of the ECL to revise and add to the list of benefits derived from wetlands.

Section two of the bill amends section 24-0107 of the ECL to amend the definition of "Freshwater Wetland" to include wetlands that are one acre or more in size or adjacent to a water body or of significant local importance. This section also amends subdivision two of section 24-0107 of the ECL to indicate that DEC's "Freshwater Wetlands Map" shall not serve as the basis for regulation by the Department and shall be only educational in purpose.

Section three of the bill amends section 24-0301 of the ECL to specify the substantive and procedural requirements for the freshwater wetlands map.

Section four of the bill amends section 24-0701 of the ECL to specify the permitting requirements for Freshwater wetlands, including the requirement for a wetlands permit for the subdivision of land.

Section five of the bill amends section 24-0703 of the ECL to specify the requirements for DEC to respond to requests for determination of wetland status.

Section six of the bill amends section 24-0901 of the ECL to remove reference to the wetlands map in relation to consultations with local governments.

Section seven of the bill amends section 24-0903 of the ECL to remove reference to the wetlands map in relation to the DEC determination of compatible land uses.

Section eight of the bill repeals section 24-1305 of the ECL. Section nine of the bill is the effective date.

Justification

Wetlands improve drinking water quality by providing a buffer zone to intercept polluted run off before it contaminates our lakes, rivers and coastal waters. Wetlands act as natural water filters, absorbing pollutants, pesticides, nitrogen, phosphorus arid other contaminants before they infiltrate our drinking water. Additionally, wetlands absorb flood waters and serve as buffers during storms, saving billions of dollars in property damage annually.

In a closely divided 5-4 decision, the United States Supreme Court recently ruled that the federal government no longer has jurisdiction over isolated wetlands. With the Supreme Court ruling in SWANCC, estimates from the EPA and Corps of Engineers show at least 20% and possibly 50% of existing wetlands, constituting millions of acres nationwide, will be left unprotected. In New York State, estimates are even higher. While a number of states (including all the northeastern States) already have the regulatory authority to step in and regulate the wetlands that Corps of Engineers formerly oversaw, New York's DEC is currently limited to regulating mapped wetlands of a size greater than 12.4 acres. If we do not protect New York's wetlands, we jeopardize our drinking water and property values. This legislation gives DEC the regulatory authority necessary to protect New York's wetlands by eliminating the mapping and reducing the size limitations on DEC's regulatory authority over wetlands.

Legislative history

2007-2008: S.3835 2005-2006: S.2081 - Calendar #469 2005-2006: A.2048 - Passed Assembly 2004: S.4480-A - Calendar 169 2004: A.7905-A - Passed Assembly

Fiscal implications

None.

Effective date

This act shall take effect on the ninetieth day after it shall_have become law.