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A01976 Summary:

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A01976 Floor Votes:

A01976 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1976--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2009
                                       ___________
 
        Introduced  by M. of A. LIFTON, PAULIN, CAHILL, CUSICK, LATIMER, JAFFEE,
          P. LOPEZ -- Multi-Sponsored by -- M.  of  A.  ALFANO,  CLARK,  COLTON,
          COOK,  GLICK,  GUNTHER, KOON, PHEFFER -- read once and referred to the
          Committee on Environmental Conservation -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-

          tee
 
        AN ACT to amend the environmental conservation law, in relation to elec-
          tronic filing of freshwater wetlands regulatory maps
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 4, 5 and 6 of section 24-0301 of the environ-
     2  mental conservation law, as amended by chapter 654 of the laws of  1977,
     3  are amended to read as follows:
     4    4.  Upon  completion  of  the  tentative freshwater wetlands map for a
     5  particular area, the commissioner  or  his  designated  hearing  officer
     6  shall  hold a public hearing in that area in order to afford an opportu-
     7  nity for any person to propose additions or deletions from such map. The
     8  commissioner shall give notice of such hearing to each owner  of  record
     9  as  shown  on the latest completed tax assessment rolls, of lands desig-

    10  nated as such wetlands as shown on said map and also to the chief admin-
    11  istrative officer and clerk of each local government within the  bounda-
    12  ries  of  which any such wetland or a portion thereof is located and, in
    13  the case of a tentative freshwater wetlands map for any area within  the
    14  Adirondack  park,  to  the Adirondack park agency, by certified mail not
    15  less than thirty days prior to the date set for such hearing  and  shall
    16  assure  that  a  copy  of  the  relevant  map  is  available  for public
    17  inspection at a convenient location in such local government.   The  map
    18  filed with a local government may, at the local government's request, be
    19  either  a physical copy of the tentative freshwater wetlands map, or, if
    20  available, a digital file that represents  it.  The  commissioner  shall

    21  also  cause  notice  of  such hearing to be published at least once, not
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05152-03-9
        A. 1976--A                          2
 
     1  more than thirty days nor fewer than ten days before the  date  set  for
     2  such  hearing,  in at least two newspapers having general circulation in
     3  the area where such wetlands are located.  The commissioner may post  on
     4  the  department's  website a digital image that represents the tentative
     5  freshwater wetlands map.
     6    5. After considering the testimony given at such hearing and any other
     7  facts which may be deemed pertinent, after  considering  the  rights  of

     8  affected  property  owners and the ecological balance in accordance with
     9  the policy and purposes of this article, and, in the case of wetlands or
    10  portions thereof within the Adirondack park, after consulting  with  the
    11  Adirondack  park  agency, the commissioner shall promulgate by order the
    12  final freshwater wetlands map. Such order shall not be promulgated  less
    13  than  sixty  days  from  the date of the hearing required by subdivision
    14  four [hereof] of this section.  A copy of the  order,  together  with  a
    15  copy  of  such  map  or  relevant  portion thereof shall be filed in the
    16  office of the clerk of each local government in which each such  wetland
    17  or  a  portion thereof is located and, in the case of a map for any area
    18  within the Adirondack park, with the Adirondack  park  agency.  The  map

    19  filed with a local government may, at the local government's request, be
    20  either  a  physical  copy  of  the final freshwater wetlands map, or, if
    21  available, a digital file that represents  it.  The  commissioner  shall
    22  simultaneously  give  notice  of  such  order to each owner of lands, as
    23  shown on the latest completed tax assessment rolls, designated  as  such
    24  wetlands by mailing a copy of such order to such owner by certified mail
    25  in  any  case  where a notice by certified mail was not sent pursuant to
    26  subdivision four [hereof] of this section, and in  all  other  cases  by
    27  first  class mail. The commissioner shall also give notice of such order
    28  at such time to the chief administrative officer of each  local  govern-
    29  ment within the boundaries of which any such wetland or a portion there-

    30  of  is  located.  At  the  time of filing with such clerk or clerks, the
    31  commissioner shall also cause a copy of such order to be published in at
    32  least two newspapers having general circulation in the area  where  such
    33  wetlands  are  located.  The  commissioner  may post on the department's
    34  website a digital image that represents the  final  freshwater  wetlands
    35  map.
    36    6.  Except  as  provided  in  subdivision  eight  of this section, the
    37  commissioner shall supervise the  maintenance  of  such  boundary  maps,
    38  which shall be available to the public for inspection and examination at
    39  the  regional  office of the department in which the wetlands are wholly
    40  or partly located and in the office of the clerk of each county in which
    41  each such wetland or a portion thereof is located. The commissioner  may

    42  readjust  the  map thereafter to clarify the boundaries of the wetlands,
    43  to correct any errors on the map, to effect any additions, deletions  or
    44  technical changes on the map, and to reflect changes as have occurred as
    45  a  result of the granting of permits pursuant to section 24-0703 of this
    46  article, or natural changes which may  have  occurred  through  erosion,
    47  accretion,  or  otherwise. Notice of such readjustment shall be given in
    48  the same manner as set forth in subdivision five of this section for the
    49  promulgation of final freshwater wetlands maps. In addition, at the time
    50  notice is provided pursuant to subdivision five  of  this  section,  the
    51  commissioner  shall  update  any  digital image of the map posted on the
    52  department's website to reflect such readjustment.

    53    § 2. This act shall take effect on the thirtieth day  after  it  shall
    54  have become a law.