NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4692
SPONSOR: Molitor TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
exempting certain inland lakes from wetlands designations
PURPOSE OR GENERAL IDEA OF BILL:
This bill would exempt inland lakes that are navigable waterways and
have an area of one hundred fifty acres or more from freshwater wetlands
designations. The bill will further exclude the Great Lakes from the
definition of "inland lake."
SUMMARY OF PROVISIONS:
Section 1: the environmental conservation law is amended by adding a new
subdivision 9 that states, inland lakes which are navigable waterways,
and which have an area of one hundred fifty acres or more shall be
exempt from designation as a freshwater wetland, whenever the commis-
sioner is delineating boundaries of freshwater wetlands pursuant to
subdivision two of this section. For the purpose of this section,
"inland lake" shall not include any of the great lakes.
Section 2: This act shall take effect immediately.
JUSTIFICATION:
Landowners and developers often advocate for exemptions to protect their
property rights and investments. Wetland designations can impose
restrictions on land use, potentially decreasing property values and
limiting landowners' ability to use their and as they see fit. Exempting
inland lakes of one hundred fifty acres or more can facilitate continued
use for boating, fishing, tourism, and other water-based recreation,
which are crucial for local economies and community enjoyment. By
excluding the Great Lakes and focusing on inland lakes, the regulation
ensures that the ecological importance of the Great Lakes is acknowl-
edged and protected under state and federal regulations, while inland
lakes with less critical but still significant ecological roles are
managed appropriately. This piece of legislation is necessary to
balance environmental protection with economic and recreational inter-
est. This approach allows for targeted conservation efforts by focusing
on areas where wetland protections are most needed while also accommo-
dating responsible land and water use.
LEGISLATIVE HISTORY:
A.10653 2024 - Referred to Environmental Conservation
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
4692
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. MOLITOR -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
exempting certain inland lakes from wetlands designations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 24-0301 of the environmental conservation law is
2 amended by adding a new subdivision 7 to read as follows:
3 7. Inland lakes which are navigable waterways and which have an area
4 of one hundred fifty acres or more shall be exempt from designation as a
5 freshwater wetland, whenever the commissioner is delineating boundaries
6 of freshwater wetlands pursuant to this section. For purposes of this
7 section, "inland lake" shall not include any of the great lakes.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08097-01-5
