Bill > S05116

This bill amends the Environmental Conservation Law to enhance the protection of freshwater wetlands in New York. Key provisions include: 1) Expanding the definition of "freshwater wetlands" to include smaller wetlands (at least 12.4 acres or less than 12.4 acres if deemed of "unusual importance"), and defining new wetland classifications based on size, ecological significance, and flood risk. 2) Requiring the Department of Environmental Conservation (DEC) to maintain and update digital maps of freshwater wetlands, and allowing the DEC to adjust wetland boundaries more easily to improve accuracy. The bill also establishes a process for landowners to obtain official wetland delineations. 3) Broadening the activities subject to regulation around wetlands, including activities up to 100 feet from larger or more significant wetlands. However, the bill maintains exemptions for certain agricultural activities. 4) Increasing civil and criminal penalties for violations of wetland protections, and allowing the DEC or local governments to issue immediate cease and desist orders in cases of significant damage. The bill aims to strengthen wetland conservation efforts in New York in response to ongoing wetland loss and the increasing threats posed by climate change-related flooding.

Agriculture and Natural Resources

https://www.nysenate.gov/legislation/bills/2021/S5116