Relates to the electronic filing of wetlands regulatory maps

Summary of specific provisions

ECL §24-0301 is amended to authorize the Commissioner of the Department of Environmental Conservation (DEC) to file electronic versions of the freshwater wetlands regulatory maps with interested local governments and to authorize posting of the official maps on the Department's website.

Justification

Pursuant to the Freshwater Wetland Act, the Commissioner of the Depart- ment is required to file copies of draft maps with local governments where they can be made "available for public inspection at a convenient location in such local government." Subsequent to public review and comment, the Commissioner then finalizes the maps and files a final copy of the map with the local government. These maps assist the public in determining where protected wetlands occur. In addition, the local governments use the maps for local planning and decision making. Through historic practice, the expectation is that the maps must be produced and disseminated as paper maps to be "official." This precludes the use of current technological advances to provide the maps as digital informa- tion. This legislation, by specifically authorizing the electronic filing of maps, offers the following benefits:

(1) it legitimizes the electronic format of the maps, making them legal- ly useable for decision making;

(2) it allows for a less expensive means for the Department to provide maps to local governments;

(3) if a local government has the data as an electronic file, it can better serve the public and its own decision-making entities by making copies of maps as needed; and

(4) if a local government has digital files of maps, it can post the maps on its own website.

The posting of freshwater wetlands maps on the Department's website would provide the public with much better access to the maps under

conditions more convenient to them and it would save considerable Department and local government staff time. For example, most local government clerks' offices are not open in the evening or on weekends, when landowners may be interested in checking on the status of property they are considering buying. If the maps were available on the web, landowners would be able to check the maps from the convenience of their homes at any time of day. Furthermore, it would significantly reduce inquiries to regional offices and to local government clerks about access to maps or whether particular properties are considered wetlands. Although these are seemingly simple questions, they consume considerable staff time. Having access to maps on the web will also enable members of the public to determine whether an activity they see happening in their area (e.g., clearing near a "wet area") is occurring in the vicinity of a protected wetland. This will allay -- or confirm -- their concerns, and will reduce the number of violations reported to the regional offices for actions over which the Department has no jurisdiction. With so many other important information sources available on the web, the expectation is that the regulatory maps should be there as well. This amendment will greatly enhance the utility of the web-posted maps, once they are posted, by making the "official" versions of the map available. Posting freshwater wetlands maps on the web requires technical capacity that is not currently available to the Department. However, this legis- lation, by specifically authorizing the Department to post the maps on the website, while not mandating such posting, will allow the Department to post maps on its website at such time as the Department has the abil- ity to do so. Further, it would also give maps posted on the website the official status as regulatory documents.

Prior legislative history

A.11463 of 2004; passed Assembly A.3949 of 2005; passed Assembly A.3949 of 2006; passed Assembly/S.7095 of 2006; environmental conserva- tion A.2691 of 2007 passed Assembly/S.2840 of 2008 environmental conservation A.2691 of 2008 passed Assembly/S.2840 of 2008 environmental conservation

Fiscal implications

Electronically filing maps in lieu of producing and distributing paper maps ultimately could result in cost savings to the State. Because of limited number of map amendments ongoing in the State, and the limited number of local governments currently capable of effectively using the digital data and therefore requiring paper maps, the savings are not likely to be substantial in the short term. It would take an initial investment of resources to get maps posted on the web; however, once posted, their availability would save regional staff considerable time in responding to public inquiries for the map information while increas- ing landowner convenience.

Effective date

On the thirtieth day after it shall have become a law.