S4361-2011 - NY Senate Open Legislation - Relating to selectively cutting timber

Relates to selectively cutting timber and exclusion of current best management practices from regulated activities.

Sponsor: YOUNG / Co-sponsor(s): BRESLIN, KENNEDY, O'MARA, RITCHIE, VALESKY / Committee: RULES
Law Section: Environmental Conservation Law / Law: Amd S24-0701, En Con L

S4361-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Jun 11, 2012: ADVANCED TO THIRD READING
Jun 6, 2012: 2ND REPORT CAL.
Jun 5, 2012: 1ST REPORT CAL.1039
Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
Jan 4, 2012: returned to senate
Jan 4, 2012: died in assembly
Jun 20, 2011: referred to environmental conservation
Jun 20, 2011: DELIVERED TO ASSEMBLY
Jun 20, 2011: PASSED SENATE
Jun 14, 2011: ADVANCED TO THIRD READING
Jun 13, 2011: 2ND REPORT CAL.
Jun 7, 2011: 1ST REPORT CAL.1039
Mar 31, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S4361-2011 Meetings

Environmental Conservation: Jun 5, 2012, Environmental Conservation: May 15, 2012, Environmental Conservation: Jun 7, 2011

S4361-2011 Calendars

Active List: Jun 20, 2011 , Floor Calendar: Jun 6, 2012 , Floor Calendar: Jun 11, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 18, 2012 , Floor Calendar: Jun 19, 2012 , Floor Calendar: Jun 20, 2012 , Floor Calendar: Jun 21, 2012

S4361-2011 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Jun 7, 2011

Ayes (10): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Oppenheimer, Serrano, Stewart-Cousins
Ayes W/R (1): LaValle
Nays (3): Avella, Espaillat, Perkins

VOTE: FLOOR VOTE: - Jun 20, 2011

Ayes (40): Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Lanza, Larkin, Libous, Little, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Ranzenhofer, Ritchie, Robach, Saland, Savino, Seward, Skelos, Smith, Valesky, Young, Zeldin
Nays (22): Adams, Avella, Dilan, Duane, Espaillat, Gianaris, Hassell-Thomps, Krueger, Kruger, LaValle, Marcellino, Montgomery, Oppenheimer, Parker, Peralta, Perkins, Rivera, Sampson, Serrano, Squadron, Stavisky, Stewart-Cousin

VOTE: COMMITTEE VOTE: - Environmental Conservation - Jun 5, 2012

Ayes (6): Grisanti, Johnson, Little, Maziarz, O'Mara, Young
Ayes W/R (2): LaValle, Marcellino
Nays (6): Avella, Espaillat, Oppenheimer, Perkins, Serrano, Stewart-Cousins

S4361-2011 Memo

BILL NUMBER:S4361

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to selectively
cutting timber

PURPOSE:
This bill would enhance the ability of farmers and other
landowners to selectively harvest timber within a regulated wetland
without disturbing the environmental integrity of the wetland.

SUMMARY OF PROVISIONS:
Subdivision 4 of section 24-0701 of the
environmental conservation law is amended to allow the construction
and use, without the requirement of a permit, of temporary skidder
trails and machinery, using current best management practices as
outlined by USDA Forest Service, when selectively harvesting timber
within regulated wetlands.

JUSTIFICATION:
Selective harvesting of timber and the operation of
machinery for agricultural purposes (including forestry) have always
been allowable activities in state regulated wetlands. This bill
clarifies that specific logging equipment and other machinery may
create and use temporary access trails in wetlands as long as current
Best Management Practices as prescribed by the US Department of
Agriculture Forest Service are followed. The addition would
standardize the regulation, as Adirondack Park Agency wetland
regulations already specify that "construction and using skid trails
for removal of timber" is not a regulated activity within APA
jurisdictional wetlands {Part 578 �3(n)(4)(ii)(d)).

This change will not weaken the protection of wetlands in any way as
state wetlands regulations Part 663.2(c)(2)(ii) prohibit any
activities that alter water flow through a wetland. This change
will allow for consistent application of the statute on a statewide
basis.

LEGISLATIVE HISTORY:
2009-10: S.7813, Senate Environmental Conservation Committee;
A.11183, Assembly Environmental Conservation Committee.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S4361-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          4361
 2011-2012 Regular Sessions
 I N  SENATE
 March 31, 2011
 
 Introduced by Sen. YOUNG -- (at request of the Legislative Commission on
 Rural  Resources)  -- 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:

 

Section 1. Subdivision 4  of  section  24-0701  of  the  environmental
 conservation  law,  as  amended  by  chapter 697 of the laws of 1979, is
 amended to read as follows:

 4. The activities of farmers  and  other  landowners  in  grazing  and
 watering livestock, making reasonable use of water resources, harvesting
 natural  products  of the wetlands, selectively cutting timber, draining
 land or wetlands for growing agricultural products and otherwise  engag
 ing  in  the  use  of  wetlands  or  other land for growing agricultural
 products shall be excluded  from  regulated  activities  and  shall  not
 require  a  permit  under subdivision one hereof, except that structures
 not required for enhancement or maintenance of the agricultural  produc
 tivity  of  the  land  and  any filling activities shall not be excluded
 hereunder, and provided that the use of land designated as a  freshwater
 wetland  upon  the freshwater wetlands map at the effective date thereof
 for uses other than those referred  to  in  this  subdivision  shall  be
 subject  to  the  provisions of this article.   WHEN SELECTIVELY CUTTING
 TIMBER, THE CONSTRUCTION AND USE OF TEMPORARY SKIDDER TRAILS AND MACHIN
 ERY, USING CURRENT BEST MANAGEMENT PRACTICES AS DEFINED  BY  THE  UNITED
 STATES  DEPARTMENT  OF  AGRICULTURE  FOREST SERVICES, FOR THE REMOVAL OF
 SUCH TIMBER SHALL BE EXCLUDED FROM REGULATED ACTIVITIES  AND  SHALL  NOT
 REQUIRE A PERMIT UNDER SUBDIVISION ONE OF THIS SECTION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08909-01-1

S4361-2011: Relating to selectively cutting timber