S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2952
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   selectively cutting timber
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  4  of  section  24-0701 of the environmental
 conservation law, as amended by chapter 697 of  the  laws  of  1979,  is
 amended to read as follows:
   4.  The  activities  of  farmers  and  other landowners in grazing and
 watering livestock, making reasonable use of water resources, harvesting
 natural products of the wetlands, selectively cutting  timber,  draining
 land  or wetlands for growing agricultural products and otherwise engag-
 ing in the use of  wetlands  or  other  land  for  growing  agricultural
 products  shall  be  excluded  from  regulated  activities and shall not
 require a permit under subdivision one hereof,  except  that  structures
 not  required for enhancement or maintenance of the agricultural produc-
 tivity of the land and any filling  activities  shall  not  be  excluded
 hereunder,  and provided that the use of land designated as a freshwater
 wetland upon the freshwater wetlands map at the effective  date  thereof
 for  uses  other  than  those  referred  to in this subdivision shall be
 subject to the provisions of this article.    WHEN  SELECTIVELY  CUTTING
 TIMBER, THE CONSTRUCTION AND USE OF TEMPORARY SKIDDER TRAILS AND MACHIN-
 ERY,  USING  CURRENT  BEST MANAGEMENT PRACTICES AS DEFINED BY THE UNITED
 STATES DEPARTMENT OF AGRICULTURE FOREST SERVICES,  FOR  THE  REMOVAL  OF
 SUCH  TIMBER  SHALL  BE EXCLUDED FROM REGULATED ACTIVITIES AND SHALL NOT
 REQUIRE A PERMIT UNDER SUBDIVISION ONE OF THIS SECTION.
   § 2. Subdivision 4 of section 24-0701 of the  environmental  conserva-
 tion  law,  as amended by section 7 of part QQ of chapter 58 of the laws
 of 2022, is  amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04969-01-3
 A. 2952                             2
              

 
   4. On lands in active agricultural use or silviculture use, the activ-
 ities of farmers and other landowners in grazing and watering livestock,
 making reasonable use of water resources, harvesting natural products of
 the wetlands, selectively cutting timber, draining land or wetlands  for
 growing  agricultural  products  and  otherwise  engaging  in the use of
 wetlands or other  land  for  growing  agricultural  products  shall  be
 excluded  from regulated activities and shall not require a permit under
 subdivision one of this section, except that structures not required for
 enhancement or maintenance of the agricultural productivity of the  land
 and any filling activities shall not be excluded hereunder, and provided
 that  the  use of land that meets the definition of a freshwater wetland
 in section 24-0107 of this article for uses other than those referred to
 in this subdivision shall be subject to the provisions of this  article.
 WHEN  SELECTIVELY  CUTTING TIMBER, THE CONSTRUCTION AND USE OF TEMPORARY
 SKIDDER TRAILS AND MACHINERY,  USING  CURRENT  BEST MANAGEMENT PRACTICES
 AS  DEFINED  BY  THE  UNITED  STATES  DEPARTMENT  OF  AGRICULTURE FOREST
 SERVICES,  FOR  THE  REMOVAL  OF SUCH  TIMBER  SHALL   BE EXCLUDED  FROM
 REGULATED  ACTIVITIES  AND  SHALL NOT REQUIRE A PERMIT UNDER SUBDIVISION
 ONE OF THIS SECTION. All activities on lands that meet the definition of
 a freshwater wetland shall be subject to the provisions of this  article
 once agricultural or silviculture activities cease.
   § 3. This act shall take effect immediately; provided that section two
 of this act shall take effect on the same date and in the same manner as
 section 7 of part QQ of chapter 58 of the laws of 2022 takes effect.