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S03434 Summary:

BILL NOS03434
 
SAME ASSAME AS A04405
 
SPONSORHELMING
 
COSPNSR
 
MLTSPNSR
 
Amd §24-0701, En Con L
 
Relates to selectively cutting timber and exclusion of current best management practices from regulated activities.
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S03434 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3434
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 27, 2025
                                       ___________
 
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee 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:
 
     1    Section 1. Subdivision 4  of  section  24-0701  of  the  environmental
     2  conservation  law,  as  amended by section 7 of part QQ of chapter 58 of
     3  the laws of 2022, is  amended to read as follows:
     4    4. On lands in active agricultural use or silviculture use, the activ-
     5  ities of farmers and other landowners in grazing and watering livestock,
     6  making reasonable use of water resources, harvesting natural products of
     7  the wetlands, selectively cutting timber, draining land or wetlands  for
     8  growing  agricultural  products  and  otherwise  engaging  in the use of
     9  wetlands or other  land  for  growing  agricultural  products  shall  be
    10  excluded  from regulated activities and shall not require a permit under
    11  subdivision one of this section, except that structures not required for
    12  enhancement or maintenance of the agricultural productivity of the  land
    13  and any filling activities shall not be excluded hereunder, and provided
    14  that  the  use of land that meets the definition of a freshwater wetland
    15  in section 24-0107 of this article for uses other than those referred to
    16  in this subdivision shall be subject to the provisions of this  article.
    17  When  selectively  cutting timber, the construction and use of temporary
    18  skidder trails and machinery,  using  current  best management practices
    19  as  defined  by  the  United  States  Department  of  Agriculture Forest
    20  Services,  for  the  removal  of such  timber  shall   be excluded  from
    21  regulated  activities  and  shall not require a permit under subdivision
    22  one of this section. All activities on lands that meet the definition of
    23  a freshwater wetland shall be subject to the provisions of this  article
    24  once agricultural or silviculture activities cease.
    25    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05961-01-5
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