S 7210: 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.