S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2654

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M. of A. CUSICK, CLARK, PHEFFER -- Multi-Sponsored by --
  M. of A. McENENY -- read once and referred to the Committee  on  Envi-
  ronmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  requiring notice to adjacent landowners where certain  development  is
  proposed  in  wetlands  in  a city with a population of one million or
  more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 25-0402 of the environmental conservation law, as
added by chapter 790 of the laws of 1973,  subdivision  2  as  added  by
chapter 233 of the laws of 1979, is amended to read as follows:
S 25-0402. Application for permits.
  1.  Any person proposing to conduct or cause to be conducted an activ-
ity regulated under this act upon any inventoried  tidal  wetland  shall
file an application for a permit with the commissioner, in such form and
containing  such  information  as  the  commissioner  may prescribe. The
applicant shall have the  burden  of  demonstrating  that  the  proposed
activity  will  be  in complete accord with the policy and provisions of
this act. Such application shall include a detailed description  of  the
proposed  work  and  a  map  showing  the area of tidal wetland directly
affected, with the location of the proposed work thereon, together  with
the names of the owners of record of adjacent lands and the known claim-
ants  of  water  rights in or adjacent to the tidal wetlands of whom the
applicant has notice. The commissioner shall cause a copy of such appli-
cation to be mailed to the chief administrative officer in  the  munici-
pality  where  the  proposed  work  or  any  part of it is located. UPON
RECEIPT OF SUCH APPLICATION BY A CITY WITH A POPULATION OF  ONE  MILLION
OR MORE, SUCH CITY SHALL CAUSE A NOTICE OF SUCH APPLICATION TO BE MAILED
TO OWNERS OF RECORD OF LAND WHICH IS LOCATED WITHIN ONE THOUSAND FEET OF
THE PROPOSED ACTIVITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00992-01-9
              

A. 2654                             2

  2.  NO SOONER THAN THIRTY DAYS AND NOT LATER THAN SIXTY DAYS AFTER THE
RECEIPT OF AN APPLICATION BY A CITY WITH A POPULATION OF ONE MILLION  OR
MORE,  AND  AFTER NOTICE OF APPLICATION HAS BEEN PUBLISHED BY THE APPLI-
CANT IN TWO NEWSPAPERS HAVING A GENERAL CIRCULATION  IN  THE  AREA,  THE
COMMISSIONER  SHALL HOLD A PUBLIC HEARING ON SUCH APPLICATION AT A SUIT-
ABLE LOCATION IN SUCH CITY WHERE THE AFFECTED WETLAND IS SITUATED UNLESS
NO NOTICE OF OBJECTION HAS BEEN FILED OR UNLESS THE  COMMISSIONER  FINDS
THE  ACTIVITY  TO BE OF SUCH A MINOR NATURE AS NOT TO AFFECT OR ENDANGER
THE BALANCE OF SYSTEMS WITHIN THE WETLANDS, IN WHICH  CASE  THE  COMMIS-
SIONER  MAY,  IN THE EXERCISE OF DISCRETION, DISPENSE WITH SUCH HEARING.
WHERE THE COMMISSIONER FINDS THAT A HEARING IS NOT NECESSARY, A DECISION
SETTING FORTH REASONS THEREFOR SHALL BE PREPARED, SHALL BE A  MATTER  OF
PUBLIC  RECORD  AND SHALL BE MAILED TO THE CITY AND THE OWNERS OF RECORD
OF PROPERTY LOCATED WITHIN ONE THOUSAND FEET OF THE WETLANDS  WHERE  THE
PROPOSED  WORK OR ANY PART OF IT IS LOCATED AND TO ALL PERSONS WHO FILED
A STATEMENT FOLLOWING THE PUBLICATION OF SUCH NOTICE OF APPLICATION. ALL
OWNERS OF RECORD OF LAND WHICH IS LOCATED WITHIN ONE  THOUSAND  FEET  OF
THE  PROPOSED  ACTIVITY  AND  THE  LOCAL  GOVERNMENTS WHERE THE PROPOSED
ACTIVITY IS LOCATED SHALL BE NOTIFIED BY CERTIFIED MAIL OF  THE  HEARING
NOT  LESS  THAN  TWENTY-ONE DAYS PRIOR TO THE DATE SET FOR SUCH HEARING.
THE APPLICANT SHALL CAUSE NOTICE OF SUCH HEARING TO BE PUBLISHED IN  TWO
NEWSPAPERS  HAVING  A GENERAL CIRCULATION IN THE AREA WHERE THE AFFECTED
WETLANDS ARE LOCATED AT LEAST TWENTY-ONE DAYS PRIOR TO THE HEARING.  ALL
APPLICATIONS AND MAPS AND DOCUMENTS RELATING THERETO SHALL BE  OPEN  FOR
PUBLIC  INSPECTION AT THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH THE
WETLAND IS SITUATED. AT SUCH HEARING ANY  PERSON  OR  PERSONS  FILING  A
REQUEST FOR A HEARING OR A TIMELY NOTICE OF APPEARANCE MAY APPEAR AND BE
HEARD.
  3.  The  rules  and regulations adopted by the department to implement
this article and the provisions of article 70 of this chapter and  rules
and  regulations  adopted  thereunder  shall govern permit applications,
renewals, modifications, suspensions and revocations under this article,
PROVIDED HOWEVER, THAT AFTER THE  DEPARTMENT  HAS  GIVEN  NOTICE  TO  AN
APPLICANT  THAT AN APPLICATION IS COMPLETE, OR THE APPLICATION IS DEEMED
COMPLETE, THE APPLICANT SHALL CAUSE A NOTICE OF COMPLETION OF THE APPLI-
CATION TO BE PUBLISHED IN A NEWSPAPER  OF  GENERAL  CIRCULATION  IN  THE
AFFECTED AREA AS PROVIDED IN RULES AND REGULATIONS OF THE DEPARTMENT.
  S  2.  Subdivisions 1, 2 and 3 of section 24-0703 of the environmental
conservation law, subdivisions 1 and 2 as amended and subdivision  3  as
added  by  chapter  233  of  the  laws  of  1979, are amended to read as
follows:
  1. Any person proposing to conduct or cause to be  conducted  a  regu-
lated activity upon any freshwater wetland shall file an application for
a  permit  with the clerk of the local government having jurisdiction or
the department, as the case may be. Review of the application  shall  be
made by the local government or the commissioner, as the case may be, in
accordance  with  applicable  law  and  such  rules  hereunder as may be
adopted by the commissioner. Such application shall include  a  detailed
description  of  the  proposed  activity  and  a map showing the area of
freshwater wetland directly affected, with the location of the  proposed
activity  thereon.  The clerk or commissioner shall cause notice of such
application to be mailed to all local  governments  where  the  proposed
activity or any part of it is located.  UPON RECEIPT OF SUCH APPLICATION
BY  A  CITY  WITH  A  POPULATION OF ONE MILLION OR MORE, SUCH CITY SHALL
CAUSE A NOTICE OF SUCH APPLICATION TO BE MAILED TO OWNERS OF  RECORD  OF
LAND WHICH IS LOCATED WITHIN ONE THOUSAND FEET OF THE PROPOSED ACTIVITY.

A. 2654                             3

  2.  No sooner than thirty days and not later than sixty days after the
receipt by a local government of an application,  and  after  notice  of
application has been published by the applicant in two newspapers having
a  general  circulation in the area, the local government OR THE COMMIS-
SIONER  shall  hold  a  public hearing on such application at a suitable
location in the local government where the affected wetland is  situated
unless  no  notice  of  objection  has  been  filed or unless the [local
government finds the] activity HAS BEEN FOUND to  be  of  such  a  minor
nature  as  not  to affect or endanger the balance of systems within the
wetlands, in which case the local government OR THE COMMISSIONER may, in
the exercise of discretion, dispense with such hearing. Where the  local
government  OR THE COMMISSIONER finds that a hearing is not necessary, a
decision setting forth reasons therefor shall be prepared,  shall  be  a
matter  of  public  record and shall be mailed to all local governments,
AND IN A CITY WITH A POPULATION OF ONE MILLION  OR  MORE  TO  OWNERS  OF
RECORD  OF  PROPERTY  LOCATED  WITHIN ONE THOUSAND FEET OF THE WETLANDS,
where the proposed work or any part of it is located and to all  persons
who  filed  a  statement  with the local government OR THE COMMISSIONER,
following the publication of such notice of application. All  owners  of
record  of  the  adjacent  land, AND, IN A CITY WITH A POPULATION OF ONE
MILLION OR MORE ALL OWNERS OF RECORD OF PROPERTY WHICH IS LOCATED WITHIN
ONE THOUSAND FEET OF THE PROPOSED ACTIVITY, and  the  local  governments
where  the  proposed  activity is located shall be notified by certified
mail of the hearing not less than [fifteen] TWENTY-ONE days prior to the
date set for such hearing. The  local  government  OR  THE  COMMISSIONER
shall  cause  notice  of  such hearing to be published in two newspapers
having a general circulation in the area where the  affected  freshwater
wetlands  are  located. All applications and maps and documents relating
thereto shall be open for public inspection at the office of  the  clerk
of  the  local government, OR IN A CITY WITH A POPULATION OF ONE MILLION
OR MORE, IN THE OFFICE OF THE CLERK OF THE COUNTY in which  the  wetland
is  situated. At such hearing any person or persons filing a request for
a hearing or a timely notice of appearance may appear and be heard.
  3. In addition to the provisions of article 70  of  this  chapter  and
rules  and  regulations  adopted  thereunder,  the rules and regulations
adopted by the department pursuant to  this  article  to  implement  its
processing  of permit applications, renewals, modifications, suspensions
and revocations shall govern permit  administration  by  the  department
under  this  article,  provided  however,  that after the department has
given notice to an applicant that an application  is  complete,  or  the
application  is  deemed  complete, the applicant shall cause a notice of
COMPLETION OF THE application to be published in a newspaper of  general
circulation in the affected area as provided in rules and regulations of
the department.
  S 3. This act shall take effect immediately.