S T A T E   O F   N E W   Y O R K
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                                  1487

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee 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:

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 45 to read as follows:
  45. DEVELOP GUIDELINES AND BEST MANAGEMENT  PRACTICES  IN  CONJUNCTION
WITH THE STATE SOIL AND WATER CONSERVATION COMMITTEE FOR THE CLASSIFICA-
TION, OPERATION AND MAINTENANCE OF FARM POND DAMS.
  S  2.  Subdivision 7 of section 15-0107 of the environmental conserva-
tion law is renumbered subdivision 8 and a new subdivision 7 is added to
read as follows:
  7. "FARM POND DAM" SHALL MEAN THOSE  DAMS  MEETING  GUIDELINES  ESTAB-
LISHED  BY THE DEPARTMENT OF AGRICULTURE AND MARKETS PURSUANT TO SECTION
SIXTEEN OF THE AGRICULTURE AND MARKETS LAW AND INSTALLED TO  PRINCIPALLY
ENHANCE AGRICULTURAL, ENVIRONMENTAL AND CONSERVATION BENEFITS ON FARMS.
  S  3.  Subdivision 3 of section 15-0503 of the environmental conserva-
tion law, as amended by chapter 364 of the laws of 1999, is  amended  to
read as follows:
  3.  The  requirement  of  a  permit pursuant to this section shall not
apply to the following facilities:
  a. A dock, pier, wharf or other structure used  solely  as  a  landing
place  on water providing dockage for five or fewer boats and encompass-
ing within its outer perimeter an area less than  four  thousand  square
feet;
  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.
                                                           LBD02665-01-3

              

A. 1487                             2

  c. Seasonal replacement or reinstallation of structures referenced and
listed  in  paragraph b of subdivision 1 of this section installed prior
to the effective date of this paragraph[.];
  D. FARM POND DAMS.
  S  4. Section 15-0507 of the environmental conservation law is amended
by adding a new subdivision 7 to read as follows:
  7. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FARM POND DAMS.
  S 5. This act shall take effect immediately.