STATE OF NEW YORK ________________________________________________________________________ 3601 2019-2020 Regular Sessions IN ASSEMBLY January 29, 2019 ___________ Introduced by M. of A. GUNTHER, GIGLIO, DiPIETRO -- Multi-Sponsored by -- M. of A. CROUCH, HAWLEY, RIVERA, STEC -- read once and referred to the Committee on Agriculture AN ACT to amend the agriculture and markets law and the environmental conservation law, in relation to farm pond dams The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 16 of the agriculture and markets law is amended by 2 adding a new subdivision 50 to read as follows: 3 50. Develop guidelines and best management practices in conjunction 4 with the state soil and water conservation committee for the classifica- 5 tion, operation and maintenance of farm pond dams. 6 § 2. Subdivision 7 of section 15-0107 of the environmental conserva- 7 tion law is renumbered subdivision 8 and a new subdivision 7 is added to 8 read as follows: 9 7. "Farm pond dam" shall mean those dams meeting guidelines estab- 10 lished by the department of agriculture and markets pursuant to section 11 sixteen of the agriculture and markets law and installed to principally 12 enhance agricultural, environmental and conservation benefits on farms. 13 § 3. Subdivision 3 of section 15-0503 of the environmental conserva- 14 tion law, as amended by chapter 364 of the laws of 1999, is amended to 15 read as follows: 16 3. The requirement of a permit pursuant to this section shall not 17 apply to the following facilities: 18 a. A dock, pier, wharf or other structure used solely as a landing 19 place on water providing dockage for five or fewer boats and encompass- 20 ing within its outer perimeter an area less than four thousand square 21 feet; 22 b. A mooring facility providing mooring for fewer than ten boats; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00485-02-9

A. 3601 2 1 c. Seasonal replacement or reinstallation of structures referenced and 2 listed in paragraph b of subdivision 1 of this section installed prior 3 to the effective date of this paragraph[.]; 4 d. Farm pond dams. 5 § 4. Section 15-0507 of the environmental conservation law is amended 6 by adding a new subdivision 7 to read as follows: 7 7. Notwithstanding any other provision of law to the contrary, the 8 provisions of this section shall not apply to farm pond dams. 9 § 5. This act shall take effect immediately.

Regulates farm pond dams

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