What's happening
This bill allows property owners to temporarily place benthic barriers to control aquatic vegetation near docks without certain regulatory restrictions.
Why it matters
Expands property owners' ability to manage invasive aquatic plants. By allowing temporary benthic barriers without extra permits, the bill lets residents more easily control problematic vegetation that can interfere with recreational use of their waterfront property.
Streamlines environmental regulation for small-scale interventions. The exemption from being classified as "fill" removes a layer of regulatory oversight, reducing administrative burden and potential delays for homeowners seeking to improve water access or safety.
Limits the scope and timing to balance environmental and property interests. The new rules apply only to temporary barriers, only during July to October, and only for areas adjacent to residential docks—minimizing broader ecological impacts while providing relief during peak swimming and boating months.
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Who cares
Headline styles
Allow Barriers to Block Lake Weeds
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Lake Weed Barriers
In Assembly Committee · Environmental Conservation · Sponsor Marjorie Byrnes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5413
2019-2020 Regular Sessions
IN SENATE
April 30, 2019
Introduced by Sen. GALLIVAN -- 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 control of aquatic vegetation by means of a benthic barrier
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 9-1711 to read as follows: § 9-1711. Control of aquatic vegetation by means of a benthic barrier.
1. For the purposes of this section, "benthic barrier" shall mean a film of natural or synthetic matter which is gas permeable and anchored by means other than stone from the lake bottom, for the sole purpose of controlling or suppressing aquatic vegetation around residential docks or swimming areas.
2. No person shall be prohibited from placing temporary benthic barriers in any freshwater body of water located in front of his or her property's shoreline between July first and October thirty-first each year, for the purpose of controlling invasive aquatic plants around, near and between docks.
3. The placement of these temporary benthic barriers shall not be considered "fill", and therefore are not subject to the provisions of title five of article fifteen of this chapter or General Permit GP-0-17-001.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04140-01-9
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 control of aquatic vegetation by means of a benthic barrier
Purpose
Authorizes the use of benthic barriers to control invasive aquatic plants around residential docks or swimming areas.
Summary of specific provisions
Adds a new section 9-1711 to the Environmental Conservation Law, defin- ing benthic barriers as a film of natural or synthetic matter, which is gas permeable and anchored by means other than stone from the lake bottom, for the sole purpose of controlling or suppressing aquatic vege- tation around residential docks or swimming areas, and allowing for their use between July first and October thirty-first each year without being subject to the provisions of title five of article fifteen of this chapter or General Permit GP-0-17-001.
Justification
Many lake residents currently use benthic barriers (mats) to control invasive aquatic plants during the months of July-October. Recently, the New York State Department of Environmental Conservation (DEC) has proposed an onerous regulation that would force landowners to acquire a permit in order to use benthic mats, citing concerns of mats covering spawning beds and remaining in lakes after the season. This legislation addresses DEC's concerns while also allowing lake residents to use benthic mats in a manner that adheres to best practices, which they currently follow, without the inconvenience of unnecessary regulation.
Legislative history
2018: S.5189-A/A.6722-A Committed to Rules
2017: S.5189/A.6722 Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.