BILL NUMBER: S3434

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 ofAgriculture 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:

2023-2024: S.3206 referred to Environmental Conservation/A.2952 referred
to Environmental Conservation

2021-2022: S.2254 referred to Environmental Conservation/A.8527 referred
to Environmental Conservation

2019-2020: S. 447 referred to Environmental Conservation

2018: S.7800 referred to Environmental Conservation/ A.4470 referred to
Environmental Conservation

2017: A.4470 referred to Environmental Conservation

2016: S.6607 died on Third Reading/A.2475 referred to Environmental
Conservation

2015: S.1369 passed Senate/ A.2475 referred to Environmental Conserva-
tion

2013-2014: 5.4357 died on Third Reading/A.7071 referred to Environmental
Conservation

2013: S.4357 died on Third Reading/A.7071 referred to Environmental
Conservation

2012: S.4361 died on Third Reading/A.4781 referred to Environmental
Conservation

2011: S.4361 passed Senate/A.4781 referred to Environmental Conservation

2010: S.7813 referred to Environmental Conservation/A.11183 referred to
Environmental Conservation

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This Act will take effect immediately.