S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3601
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M. of A. GUNTHER, GIGLIO, DiPIETRO -- Multi-Sponsored by
   -- M. of A. CROUCH, HAWLEY, RIVERA, STEC -- read once and referred  to
   the Committee 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 50 to read as follows:
   50.  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.
   § 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.
   § 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.
                                                            LBD00485-02-9

              

 A. 3601                             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.
   §  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.
   § 5. This act shall take effect immediately.