Relates to enforcement of the freshwater wetland law

1 Co-sponsor

• Brad Hoylman-Sigal

Title of bill

An act to amend the environmental conservation law, in relation to enforcement of the freshwater wetland law

Purpose or general idea of bill

To expand the protection of freshwater wetlands by conforming enforcement provisions to those applicable to tidal wetlands.

Summary of specific provisions

The bill would amend § 71-2303 of the Environmental Conservation Law to strengthen enforcement provisions for violations related to freshwater wetlands as follows:

*specify that each violation of the freshwater wetland law will be considered a separate and distinct violation, and in the case of a continuing violation each day will be considered a distinct violation;

*specify the conditions in which the Commissioner of Environmental Conservation may issue a cease-and-desist order, and provide the violator with the opportunity to be heard within ten days; and,

*authorize a violator to be required to restore the area adjacent to the freshwater wetland as well as the wetland itself.

Justification

Both freshwater and tidal wetlands are invaluable resources that lessen the impact of flooding, often are habitat for wildlife, fish and shellfish, including commercially-harvested species; and provide natural mechanisms for protecting and restoring water quality. The condition of areas adjacent to wetlands can have a profound effect on the health and viability of the wetland itself because they act as a buffer and protect the abutting wetland from deterioration. In limiting activities landowners may take without a permit in areas adjacent to saltwater wetlands, the Legislature has recognized the essential connection between the wetland and its adjacent area and the need to limit adjacent area activities.

In the 2005 Rockland County case of Bradley Corporate Park v. Crotty, the validity of DEC's order to restore adjacent areas of freshwater wetlands as well as the damaged wetland, was challenged because of the absence of the phrase "or area immediately adjacent thereto." Although the Appellate Division rejected the argument in that case, the current law should be clarified to remove any doubt about the extent of the. Commissioner's power to obtain restoration of the wetlands damaged by illegal acts.

Prior legislative history

2016: New Senate Bill/ A.9765 (Englebright) 2011: A.5638 (Sweeney) - Passed the Assembly.

Fiscal implications for state and local governments

None

Effective date

This act shall take effect on the first of December next succeeding the date on which it shall have become a law.