S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1366
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced by M. of A. CUSICK, ROSENTHAL, TITONE, ENGLEBRIGHT, ABINANTI,
   LUPARDO,  OTIS,  TITUS  --  read once and referred to the Committee on
   Environmental 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:
 § 25-0402. Application for permits.
   1. Any person proposing to conduct or cause to be conducted an  activ-
 ity  regulated  under  this  [act]  ARTICLE  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]  ARTICLE.  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 claimants of water rights  in  or  adjacent  to  the
 tidal  wetlands of whom the applicant has notice. The commissioner shall
 cause a copy of such application to be mailed to the  chief  administra-
 tive  officer in the municipality where the proposed work or any part of
 it is located. UPON RECEIPT OF SUCH APPLICATION BY A CITY WITH  A  POPU-
 LATION  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.
              

                                                            LBD00309-01-7

 A. 1366                             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.
   §  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. 1366                             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.
   § 3. This act shall take effect immediately.