Relates to freshwater wetland areas and the conservation of such areas and relates to making technical corrections thereto; repealer

Summary of provisions

Section one adds protection of endangered or threatened species to the list of those benefits which are derived from wetlands.

Section two outlines definitions used in Article 24, and includes a new definition of freshwater wetlands maps as maps of the state's wetlands which serve the purpose of educating the public on the location of any freshwater wetlands.

Section three makes technical changes to §24-0301 of ECL, that directs the DEC Commissioner to conduct a study to identify and map freshwater wetlands.

Section four makes technical changes to §24-0701 of ECL, that outlines proposed activities in wetlands for which permits are necessary.

Section five makes technical changes to §24,-0703, ECL, that outlines the application procedure for freshwater wetland permits.

Section six adds not-for-profit conservation organizations to those entities with which the DEC may enter into cooperative agreements for the purpose of preserving, managing, restoring and maintaining freshwater wetlands.

Section seven makes technical changes to §24-0903 land use regulations for freshwater wetlands.

Section eight repeals §24-1305, Applicability, which grandfathered in certain projects already underway when the original Article 24 was adopted.

Section nine establishes a permit fee schedule for projects impacting freshwater wetlands.

Section ten establishes a fine and penalty schedule for persons who violate, disobey or disregard provisions of Article 24.

Section eleven directs that moneys received from permit fees, as well as fines and penalties, be deposited in certain accounts of the

Conservation Fund. Section twelve stipulates that the act shall take effect immediately.

Justification

This bill contains many important amendments that strengthen New York's freshwater wetland protection law. In most circumstances, small wetlands are not currently protected by the Department of Environmental Conservation. This bill would allow the DEC to regulate activities impacting smaller wetlands, as well as charge permit fees for activities that impact wetlands and fines and penalties for violators of freshwater wetlands act provisions.

In a 2001, closely divided 5-4 decision, the United States Supreme Court ruled that the federal government no longer had jurisdiction over isolated wetlands. It is important to note that extending the state wetlands law merely makes up for the loss of federal protection, it does not add new protections.

The bill changes the function of the State wetlands map from jurisdictional to educational to ensure that wetland status is based on scientific criteria instead of presence on a map. The bill also ensures that property buyers would be given any DEC issued permits with the deed for the property to inform the owner if any structures on their property were constructed in wetlands.

Protection of wetlands is critically important for New York's environment and future. Wetlands are vital to areas that rely on surface water supplies and groundwater aquifers for drinking water, and act as natural water filters and a buffer zone, intercepting and absorbing pollutants, pesticides, nitrogen, phosphorus and contaminants before they infiltrate drinking water and contaminate lakes, rivers and coastal waters. Additionally, wetlands save billions of dollars in property damage by absorbing flood waters and serving as buffers during storms. An acre of wetlands can store up to 1.5 million gallons of storm water. The National Weather Service estimates annual flood damage costs have risen to $3.1 billion per year, tripled since 1950. Protecting our citizens is our highest priority, and wetland protection helps to do this. Passage of this bill will help protect our citizens' clean drinking water, homes, and environment.

Legislative history

2005 - Referred to Environmental Conservation (Schneiderman) 2006 - Referred to Environmental Conservation (Schneiderman) 2007 - Referred to Environmental Conservation (Schneiderman) 2008 - Referred to Environmental Conservation (Schneiderman) 2009 - Referred to Environmental Conservation (Schneiderman) 2010 - Referred to Environmental Conservation (Schneiderman)

Fiscal implications

It is estimated that charging permit fees Could generate revenue in the range of $1 million annually, which approximates the additional cost of these programs.

Effective date

This act shall take effect immediately.