New York 2025-2026 Regular Session

New York Assembly Bill A07034

Introduced
3/18/25  
Refer
3/18/25  

Caption

Permits structures to remain where the local permitting authority has issued a permit for construction built within a certain erosion hazard area or tidal wetland adjacent area.

Summary

Bill A07034 amends the Environmental Conservation Law to allow structures built within designated erosion hazard areas or tidal wetland adjacent areas to remain if they were constructed under a local permit issued prior to the bill's effective date. Specifically, it clarifies that local governments can adopt and enforce their own ordinances regarding these areas, but if there is a conflict between local laws and state regulations, the state regulations will prevail. The bill aims to provide clarity and legal standing for existing structures that may otherwise be subject to removal or modification under state environmental regulations.

Impact

The bill modifies the existing framework governing construction in erosion hazard areas and tidal wetlands by ensuring that structures built with local permits prior to the bill's enactment are not subject to additional state permit requirements. This change may reduce the regulatory burden on property owners and local governments while maintaining state oversight of environmental protections. It effectively legitimizes previously permitted constructions, potentially impacting future enforcement of erosion and wetland regulations.

Sentiment

The sentiment surrounding Bill A07034 appears to be mixed, with some stakeholders appreciating the clarity it provides for existing structures, while others may express concern over potential environmental impacts. The absence of recorded votes or committee discussions limits the insight into the broader legislative sentiment, but the bill's focus on local authority suggests a push for local governance in environmental matters.

Contention

Notable points of contention may arise from environmental advocacy groups who could argue that allowing existing structures to remain undermines efforts to protect vulnerable ecosystems and manage erosion effectively. Conversely, local governments and property owners may support the bill for its potential to uphold property rights and reduce regulatory hurdles. The balance between environmental protection and local autonomy is likely to be a key area of debate.

Companion Bills

NY S06129

Same As Permits structures to remain where the local permitting authority has issued a permit for construction built within an erosion hazard area or tidal wetland adjacent area prior to the effective date of the amendments.

Previously Filed As

NY S06129

Permits structures to remain where the local permitting authority has issued a permit for construction built within an erosion hazard area or tidal wetland adjacent area prior to the effective date of the amendments.

NY S08503

Relates to permits granted in coastal erosion hazard areas; provides that as a condition of any permit issued in a coastal erosion hazard area, the department of environmental conservation shall require green infrastructure to help reduce stormwater runoff and mitigate coastal erosion.

NY HB775

Wetlands and Waterways Permits - Lighthouse Piers - Permission of Owner of Private Wetlands

NY HB0775

Wetlands and Waterways Permits - Lighthouse Piers - Permission of Owner of Private Wetlands

NY SB701

Wetlands and Waterways Permits - Lighthouse Piers - Permission of Owner of Private Wetlands

NY S696

Prohibits DEP from demolishing or requiring removal of certain cabins or similar structures located in certain tidal wetlands.

NY A779

Prohibits DEP from demolishing or requiring removal of certain cabins or similar structures located in certain tidal wetlands.

NY AB2418

An act to amend, repeal, and add Section 19837 of, and to add Sections 19838 and 19839 to, the Health and Safety Code, relating to building permits.

NY HB5707

Environmental protection: permits; exemption to permitting requirements for construction of certain residential ponds; provide for. Amends secs. 30103 & 30305 of 1994 PA 451 (MCL 324.30103 & 324.30305).

NY HB685

Permitting in all residentially zoned areas by right the construction of manufactured housing.

Similar Bills

No similar bills found.