What's happening
This bill allows lands at risk from sea level rise, storm surge, or flooding to qualify as sending districts for development rights transfers.
Why it matters
Helps communities proactively address climate risk. By allowing lands threatened by sea level rise, storm surge, or flooding to be eligible as sending districts, municipalities can steer development away from high-risk areas, potentially reducing future disaster recovery costs and safeguarding residents.
Protects property owners in vulnerable zones. The bill gives owners of at-risk properties a new way to retain economic value by transferring their development rights elsewhere, rather than being forced to either develop in risky locations or lose out entirely.
Encourages strategic, resilient land use. Including climate-vulnerable lands in the transfer of development rights system enables cities, towns, and villages to better plan for long-term sustainability, directing growth to safer, more suitable areas while preserving open space and natural buffers against flooding.
Promotes equitable tax and infrastructure planning. The legislation ensures that shifting development rights won’t unfairly alter tax burdens or overwhelm public services in receiving districts, as careful planning and environmental review are required before any changes are made.
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Who cares
Headline styles
Protect Flood-Prone Lands
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Recommit, enacting clause stricken
- Referred to cities
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3712 A. 5505
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
IN SENATE -- Introduced by Sens. LAVALLE, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Cities
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Local Governments
AN ACT to amend the general city law, the town law and the village law, in relation to identifying lands at risk from sea level rise or flooding as eligible sending districts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 2 of section 20-f of the general city law, as added by chapter 40 of the laws of 1989, is amended to read as follows:
In addition to existing powers and authorities to regulate by planning or zoning including authorization to provide for transfer of development rights pursuant to other enabling law, the legislative body of any city is hereby empowered to provide for transfer of development rights subject to the conditions hereinafter set forth and such other conditions as the city legislative body deems necessary and appropriate that are consistent with the purposes of this section, except that in cities of over one million any transfer of development rights shall be provided in the zoning ordinance after adoption by the city planning commission and board of estimate. The purpose of providing for transfer of development rights shall be to protect the natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or special historical, cultural, aesthetic or economic interest or value, to protect lands at risk from sea level rise, storm surge or flooding, and to enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. The conditions hereinabove referred to are as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03307-01-9
S. 3712 2 A. 5505
§ 2. Paragraph a of subdivision 2 of section 20-f of the general city law, as added by chapter 40 of the laws of 1989, is amended to read as follows:
a. That transfer of development rights, and the sending and receiving districts, shall be established in accordance with a well-considered plan within the meaning of subdivision twenty-five of section twenty of this article. The sending district from which transfer of development rights may be authorized shall consist of natural, scenic, recreational, agricultural or open land or sites of special historical, cultural, aesthetic or economic values sought to be protected or lands at risk from sea level rise, storm surge or flooding. Every receiving district, to which transfer of development rights may be authorized, shall have been found by the legislative body of the city, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, to contain adequate resources, environmental quality and public facilities including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences and such increased development is compatible with the development otherwise permitted by the city and by the federal, state, and county agencies having jurisdiction to approve permissible development within the district. A generic environmental impact statement pursuant to the provisions of article eight of the environmental conservation law shall be prepared by the city for the receiving district before any such district, or any sending district, is designated, and such statement shall be amended from time to time by the city if there are material changes in circumstances. Where a transfer of development rights affects districts in two or more school, special assessment or tax districts, it may not unreasonably transfer the tax burden between the taxpayers of such districts. The receiving and sending districts need not be coterminous with zoning districts.
§ 3. The opening paragraph of subdivision 2 of section 261-a of the town law, as added by chapter 40 of the laws of 1989, is amended to read as follows:
In addition to existing powers and authorities to regulate by planning or zoning, including authorization to provide for transfer of development rights pursuant to other enabling law, a town board is hereby empowered to provide for transfer of development rights subject to the conditions hereinafter set forth and such other conditions as the town board deems necessary and appropriate that are consistent with the purposes of this section. The purpose of providing for transfer of development rights shall be to protect the natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or special historical, cultural, aesthetic or economic interest or value, to protect lands at risk from sea level rise, storm surge or flooding and to enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. The conditions hereinabove referred to are as follows:
§ 4. Paragraph a of subdivision 2 of section 261-a of the town law, as added by chapter 40 of the laws of 1989, is amended to read as follows:
a. That transfer of development rights, and the sending and receiving districts, shall be established in accordance with a comprehensive plan within the meaning of section two hundred sixty-three of this article. The sending district from which transfer of development rights may be authorized shall consist of natural, scenic, recreational, agricultural, forest, or open land or sites of special historical, cultural, aesthetic
S. 3712 3 A. 5505
or economic values sought to be protected or lands at risk from sea level rise, storm surge or flooding. Every receiving district to which transfer of development rights may be authorized, shall have been found by the town board, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions, to contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply, waste disposal and fire protection, and that there will be no significant environmentally damaging consequences and such increased development is compatible with the development otherwise permitted by the town and by the federal, state, and county agencies having jurisdiction to approve permissible development within the district. A generic environmental impact statement pursuant to the provisions of article eight of the environmental conservation law shall be prepared by the town board for the receiving district before any such district, or any sending district, is designated, and such statement shall be amended from time to time by the town board if there are material changes in circumstances. Where a transfer of development rights affects districts in two or more school, special assessment or tax districts, it may not unreasonably transfer the tax burden between the taxpayers of such districts. The receiving and sending districts need not be coterminous with zoning districts.
§ 5. The opening paragraph of subdivision 2 of section 7-701 of the village law, as added by chapter 40 of the laws of 1989, is amended to read as follows:
In addition to existing powers and authorities to regulate by planning or zoning, including authorization to provide for transfer of development rights pursuant to other enabling law, a board of trustees is hereby empowered to provide for transfer of development rights subject to the conditions hereinafter set forth and such other conditions as a village board of trustees deems necessary and appropriate that are consistent with the purposes of this section. The purpose of providing for transfer of development rights shall be to protect the natural, scenic or agricultural qualities of open lands, to enhance sites and areas of special character or special historical, cultural, aesthetic or economic interest or value, to protect lands at risk from sea level rise, storm surge or flooding, and to enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. The conditions hereinabove referred to are as follows:
§ 6. Paragraph a of subdivision 2 of section 7-701 of the village law, as added by chapter 40 of the laws of 1989, is amended to read as follows:
a. That the transfer of development rights, and the sending and receiving districts, shall be established in accordance with a comprehensive master plan within the meaning of section 7-722 of this article. The sending district from which transfer of development rights may be authorized shall consist of natural, scenic, recreational, agricultural or open land or sites of special historical, cultural, aesthetic or economic values sought to be protected or lands at risk from sea level rise, storm surge or flooding. Every receiving district, to which transfer of development rights may be authorized shall have been found by the board of trustees, after evaluating the effects of potential increased development which is possible under the transfer of development rights provisions to contain adequate resources, environmental quality and public facilities, including adequate transportation, water supply,
S. 3712 4 A. 5505
waste disposal and fire protection, and that there will be no significant environmentally damaging consequences and such increased development is compatible with the development otherwise permitted by the village and by the federal, state, and county agencies having jurisdiction to approve permissible development within the district. A generic environmental impact statement pursuant to the provisions of article eight of the environmental conservation law shall be prepared by the village for the receiving district before any such district, or any sending district, is designated, and such statement shall be amended from time to time by the village, if there are material changes in circumstances. Where a transfer of development rights affects districts in two or more school, special assessment or tax districts, it may not unreasonably transfer the tax burden between the taxpayers of such districts. The receiving and sending districts need not be coterminous with zoning districts.
§ 7. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general city law, the town law and the village law, in relation to identifying lands at risk from sea level rise or flooding as eligible sending districts
Purpose
To authorize the transfer of development rights for lands at risk from sea level rise, storm surge or flooding.
Summary of provisions
Section 1 would amend the general city law to include lands at risk from sea level rise, flooding or storm surge in the list of purposes for transfer of development rights.
Section 2 would amend the general city law to include lands at risk from sea level rise, storm surge or flooding in the authorization to be designated as a sending district for purposes of the transfer of devel- opment rights.
Section 3 would amend the town law to include lands at risk from sea level rise, storm surge or flooding in the list of purposes for transfer of development rights.
Section 4 would amend the town law to include lands at risk from sea level rise, storm surge or flooding for purposes of the transfer of rights.
Section 5 would amend the village law to include lands at risk from sea level rise, flooding or storm surge to the list of purposes for transfer of development rights
Section 6 would amend the village law to include lands at risk from sea level rise, storm surge or flooding in the authorization to be desig- nated as a sending district for purposes of the transfer of development rights.
Justification
Transfer of development rights (TDR) is a land use tool that provides municipalities in New York State with an effective, flexible and market based mechanism for managing and balancing development and preservation. TDR allows municipalities to detach the development rights from lands specified by the municipality to remain undeveloped ("sending area") while at the same time permitting those rights to be transferred to areas deemed to be more appropriate for a higher concentration and mix of development ("receiving area"). Regarding storm resiliency, TDR can help relocate development away from high-risk area (such as land in flood zones or on steep slopes) to more appropriate low risk.
Legislative history
2018 S.8493A/A.11124
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.