What's happening
This bill excludes temporary skidder trails and machinery used in selective timber cutting from permit requirements if best management practices are followed.
Why it matters
Eases the regulatory burden on landowners and loggers. by clarifying that temporary skidder trails and machinery used in selective timber harvesting, if following USDA Forest Service best management practices, do not require a state permit—potentially saving time and money.
Encourages adoption of sustainable forestry techniques. , since exemption from permitting is only granted when current best management practices (BMPs) are used, promoting environmentally responsible timber harvesting.
May increase selective timber harvesting activity. by removing a key administrative obstacle, possibly supporting local economies, small landowners, and forest product businesses while maintaining environmental safeguards.
Limits state oversight in specific forestry operations. , which could be seen as a win for property rights and land management autonomy, but may also raise concerns about the adequacy of federal BMPs in protecting sensitive wetland areas.
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Who cares
Headline styles
Ease Timber Harvest Rules
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
447
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. HELMING -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to selectively cutting timber
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 4 of section 24-0701 of the environmental conservation law, as amended by chapter 697 of the laws of 1979, is amended to read as follows:
4. The activities of farmers and other landowners in grazing and watering livestock, making reasonable use of water resources, harvesting natural products of the wetlands, selectively cutting timber, draining land or wetlands for growing agricultural products and otherwise engaging in the use of wetlands or other land for growing agricultural products shall be excluded from regulated activities and shall not require a permit under subdivision one hereof, except that structures not required for enhancement or maintenance of the agricultural productivity of the land and any filling activities shall not be excluded hereunder, and provided that the use of land designated as a freshwater wetland upon the freshwater wetlands map at the effective date thereof for uses other than those referred to in this subdivision shall be subject to the provisions of this article. When selectively cutting timber, the construction and use of temporary skidder trails and machinery, using current best management practices as defined by the United States Department of Agriculture Forest Services, for the removal of such timber shall be excluded from regulated activities and shall not require a permit under subdivision one of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05117-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to selectively cutting timber
Purpose
Subdivision 4 of section 24-0701 of the environmental conservation law is amended to allow the construction and use, without the requirement of a permit, of temporary skidder trails and machinery, using current best management practices as outlined by USDA Forest Service, when selective- ly harvesting timber within regulated wetlands.
Summary of provisions
Subdivision 4 of section 24-0701 of the environmental conservation law is amended to allow the construction and use, without the requirement of a permit, of temporary skidder trails and machinery, using current best management practices as outlined by USDA Forest Service, when selective- ly harvesting timber within regulated wetlands.
Justification
Selective harvesting of timber and the operation of machinery for agri- cultural purposes (including forestry) have always been allowable activ- ities in state regulated wetlands. This bill clarifies that specific logging equipment and other machinery may create and use temporary access trails in wetlands as long as current Best Management Practices as prescribed by the US Department of Agriculture Forest Service are followed. The addition would standardize the regulation, as Adirondack Park Agency wetland regulations already specify that "construction and using skid trails for removal of timber" is not a regulated activity within APA jurisdictional wetlands (Part 578 § 3(n)(4)(ii)(d)).
This change will not weaken the protection of wetlands in any way as state wetlands regulations Part 663.2(c)(2)(ii) prohibit any activities that alter water flow through a wetland. This change will allow for consistent application of the statute on a statewide basis.
Prior legislative history
2018: S.7800 Committed to Environmental Conservation 2017: A.4470 Committed to Environmental Conservation 2016: S.6607 Committed to Rules 2015: S.1369 Passed Senate 2014: S.4357/A.7071 Committed to Rules 2013: S.4357-A.7071 Referred to Environmental Conservation
2012: S.4361/A.4781 Committed to Rules 2011: S.4361/A.4781 Passed Senate 2009,2010: S.7813/A.11183 Referred to Environmental Conservation
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.