S T A T E O F N E W Y O R K
________________________________________________________________________
9352
I N S E N A T E
May 19, 2022
___________
Introduced by Sens. LANZA, SAVINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Environmental Conser-
vation
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.
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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01149-01-1
S. 9352 2
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.
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
S. 9352 3
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.
