BILL NUMBER: S2254

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
selectively cutting timber

 
PURPOSE:

Subdivision 4 of section 24-0701 of the environmental conservation law
is amended to allow the construction and use, without the requirement of
a permit, of temporary skidder trails and machinery, using current best
management practices as outlined by USDA Forest Service, when selective-
ly harvesting timber within regulated wetlands.

 
SUMMARY OF PROVISIONS:

Sections 1: Subdivision 4 of section 24-0701 of the environmental
conservation law is amended to allow the construction and use, without
the requirement of a permit, of temporary skidder trails and machinery,
              

using current best management practices as outlined by USDA Forest
Service, when selectively harvesting timber within regulated wetlands.

Section 2: Provides an effective date.

 
JUSTIFICATION:

Selective harvesting of timber and the operation of machinery for agri-
cultural purposes (including forestry) have always been allowable activ-
ities in state regulated wetlands. This bill clarifies that specific
logging equipment and other machinery may create and use temporary
access trails in wetlands as long as current Best Management Practices
as prescribed by the US Department of Agriculture Forest Service are
followed. The addition would standardize the regulation, as Adirondack
Park Agency wetland regulations already specify that "construction and
using skid trails for removal of timber" is not a regulated activity
within APA jurisdictional wetlands (Part 578 § 3(n)(4)(ii)(d)).

This change will not weaken the protection of wetlands in any way as
state wetlands regulations Part 663.2(c)(2)(ii) prohibit any activities
that alter water flow through a wetland. This change will allow for
consistent application of the statute on a statewide basis.

 
LEGISLATIVE HISTORY:

2020: S. 447 referred to Environmental Conservation

2019: S. 447 referred to Environmental Conservation

2018: S.7800 Committed to Environmental Conservation

2017: A.4470 Committed to Environmental Conservation

2016: S.6607 Committed to Rules

2015: S.1369 Passed Senate

2014: S.4357/A.7071 Committed to Rules
2013: S.4357-A.7071 Referred to Environmental Conservation

2012: S.4361/A.4781 Committed to Rules

2011: S.4361/A.4781 Passed Senate

2009,2010: S.7813/A.11183 Referred to Environmental Conservation

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately