Relates to requiring notice to neighboring landowners within one thousand feet of intention to develop in wetland areas; requires a public hearing on a wetland application.
STATE OF NEW YORK
________________________________________________________________________
7210
2025-2026 Regular Sessions
IN SENATE
April 4, 2025
___________
Introduced by Sen. LANZA -- 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
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:
1 Section 1. Section 25-0402 of the environmental conservation law, as
2 added by chapter 790 of the laws of 1973, subdivision 2 as added by
3 chapter 233 of the laws of 1979, is amended to read as follows:
4 § 25-0402. Application for permits.
5 1. Any person proposing to conduct or cause to be conducted an activ-
6 ity regulated under this [act] article upon any inventoried tidal
7 wetland shall file an application for a permit with the commissioner, in
8 such form and containing such information as the commissioner may
9 prescribe. The applicant shall have the burden of demonstrating that the
10 proposed activity will be in complete accord with the policy and
11 provisions of this [act] article. Such application shall include a
12 detailed description of the proposed work and a map showing the area of
13 tidal wetland directly affected, with the location of the proposed work
14 thereon, together with the names of the owners of record of adjacent
15 lands and the known claimants of water rights in or adjacent to the
16 tidal wetlands of whom the applicant has notice. The commissioner shall
17 cause a copy of such application to be mailed to the chief administra-
18 tive officer in the municipality where the proposed work or any part of
19 it is located. Upon receipt of such application by a city with a popu-
20 lation of one million or more, such city shall cause a notice of such
21 application to be mailed to owners of record of land which is located
22 within one thousand feet of the proposed activity.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11438-01-5
S. 7210 2
1 2. No sooner than thirty days and not later than sixty days after the
2 receipt of an application by a city with a population of one million or
3 more, and after notice of application has been published by the appli-
4 cant in two newspapers having a general circulation in the area, the
5 commissioner shall hold a public hearing on such application at a suit-
6 able location in such city where the affected wetland is situated unless
7 no notice of objection has been filed or unless the commissioner finds
8 the activity to be of such a minor nature as not to affect or endanger
9 the balance of systems within the wetlands, in which case the commis-
10 sioner may, in the exercise of discretion, dispense with such hearing.
11 Where the commissioner finds that a hearing is not necessary, a decision
12 setting forth reasons therefor shall be prepared, shall be a matter of
13 public record and shall be mailed to the city and the owners of record
14 of property located within one thousand feet of the wetlands where the
15 proposed work or any part of it is located and to all persons who filed
16 a statement following the publication of such notice of application. All
17 owners of record of land which is located within one thousand feet of
18 the proposed activity and the local governments where the proposed
19 activity is located shall be notified by certified mail of the hearing
20 not less than twenty-one days prior to the date set for such hearing.
21 The applicant shall cause notice of such hearing to be published in two
22 newspapers having a general circulation in the area where the affected
23 wetlands are located at least twenty-one days prior to the hearing. All
24 applications and maps and documents relating thereto shall be open for
25 public inspection at the office of the clerk of the county in which the
26 wetland is situated. At such hearing any person or persons filing a
27 request for a hearing or a timely notice of appearance may appear and be
28 heard.
29 3. The rules and regulations adopted by the department to implement
30 this article and the provisions of article 70 of this chapter and rules
31 and regulations adopted thereunder shall govern permit applications,
32 renewals, modifications, suspensions and revocations under this article,
33 provided however, that after the department has given notice to an
34 applicant that an application is complete, or the application is deemed
35 complete, the applicant shall cause a notice of completion of the appli-
36 cation to be published in a newspaper of general circulation in the
37 affected area as provided in rules and regulations of the department.
38 § 2. Subdivisions 1, 2 and 3 of section 24-0703 of the environmental
39 conservation law, subdivision 1 as amended by chapter 486 of the laws of
40 2023, subdivision 2 as amended and subdivision 3 as added by chapter 233
41 of the laws of 1979, are amended to read as follows:
42 1. Any person proposing to conduct or cause to be conducted a regu-
43 lated activity upon any freshwater wetland shall file an application for
44 a permit with the clerk of the local government having jurisdiction or
45 the department, as the case may be. Review of the application shall be
46 made by the local government or the commissioner, as the case may be, in
47 accordance with applicable law and such rules hereunder as may be
48 adopted by the commissioner. Such application shall include a detailed
49 description of the proposed activity and a map showing the area of
50 freshwater wetland directly affected, with the location of the proposed
51 activity thereon. For any person proposing to conduct or cause to be
52 conducted a regulated activity involving the use of a pipeline upon any
53 freshwater wetland, such application shall also include the name of the
54 insurance company covering such proposed activity, the amount of cover-
55 age and what is covered under the plan. The clerk or commissioner shall
56 cause notice of such application to be mailed to all local governments
S. 7210 3
1 where the proposed activity or any part of it is located. Upon receipt
2 of such application by a city with a population of one million or more,
3 such city shall cause a notice of such application to be mailed to
4 owners of record of land which is located within one thousand feet of
5 the proposed activity.
6 2. No sooner than thirty days and not later than sixty days after the
7 receipt by a local government of an application, and after notice of
8 application has been published by the applicant in two newspapers having
9 a general circulation in the area, the local government or the commis-
10 sioner shall hold a public hearing on such application at a suitable
11 location in the local government where the affected wetland is situated
12 unless no notice of objection has been filed or unless the [local
13 government finds the] activity has been found to be of such a minor
14 nature as not to affect or endanger the balance of systems within the
15 wetlands, in which case the local government or the commissioner may, in
16 the exercise of discretion, dispense with such hearing. Where the local
17 government or the commissioner finds that a hearing is not necessary, a
18 decision setting forth reasons therefor shall be prepared, shall be a
19 matter of public record and shall be mailed to all local governments,
20 and in a city with a population of one million or more to owners of
21 record of property located within one thousand feet of the wetlands,
22 where the proposed work or any part of it is located and to all persons
23 who filed a statement with the local government or the commissioner,
24 following the publication of such notice of application. All owners of
25 record of the adjacent land, and, in a city with a population of one
26 million or more all owners of record of property which is located within
27 one thousand feet of the proposed activity, and the local governments
28 where the proposed activity is located shall be notified by certified
29 mail of the hearing not less than [fifteen] twenty-one days prior to the
30 date set for such hearing. The local government or the commissioner
31 shall cause notice of such hearing to be published in two newspapers
32 having a general circulation in the area where the affected freshwater
33 wetlands are located. All applications and maps and documents relating
34 thereto shall be open for public inspection at the office of the clerk
35 of the local government, or in a city with a population of one million
36 or more, in the office of the clerk of the county in which the wetland
37 is situated. At such hearing any person or persons filing a request for
38 a hearing or a timely notice of appearance may appear and be heard.
39 3. In addition to the provisions of article 70 of this chapter and
40 rules and regulations adopted thereunder, the rules and regulations
41 adopted by the department pursuant to this article to implement its
42 processing of permit applications, renewals, modifications, suspensions
43 and revocations shall govern permit administration by the department
44 under this article, provided however, that after the department has
45 given notice to an applicant that an application is complete, or the
46 application is deemed complete, the applicant shall cause a notice of
47 completion of the application to be published in a newspaper of general
48 circulation in the affected area as provided in rules and regulations of
49 the department.
50 § 3. This act shall take effect immediately.
