New York A 7034: Relates to structures built within an erosion hazard area or tidal wetland adjacent area

Bill Text

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A07034 Summary:

BILL NOA07034B

&nbsp

SAME ASSAME AS S06129-B

&nbsp

SPONSORFall

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

&nbsp

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.

Go to top A07034 Actions:

BILL NOA07034B

&nbsp

03/18/2025referred to environmental conservation

01/07/2026referred to environmental conservation

05/11/2026amend and recommit to environmental conservation

05/11/2026print number 7034a

06/02/2026amend (t) and recommit to environmental conservation

06/02/2026print number 7034b

Go to topA07034 Committee&nbspVotes:

Go to topA07034 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07034 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7034--B

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 18, 2025
 ___________

 Introduced by M. of A. FALL -- read once and referred to the Committee
 on Environmental Conservation -- recommitted to the Committee on Envi-
 ronmental Conservation in accordance with Assembly Rule 3, sec. 2 --
 committee discharged, bill amended, ordered reprinted as amended and
 recommitted to said committee -- again reported from said committee
 with amendments, ordered reprinted as amended and recommitted to said
 committee

 AN ACT to permit structures to remain within a certain erosion hazard
 area or tidal wetland adjacent area

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. For purposes of this act, the term "eligible properties"
 2 shall mean residential properties in a costal erosion hazard area or
 3 tidal wetland area, as determined by the department of environmental
 4 conservation and located southeast of Hylan Blvd between Wiman Ave and
 5 Arbutus Ave in the County of Richmond, where: (a) the local permitting
 6 authority has issued a permit prior to December 31, 2022 for
 7 construction of structures within the coastal erosion hazard area or
 8 tidal wetland adjacent area; and
 9 (b) the property owner has submitted documentation and a written
 10 certification, affirmed under penalty of perjury that:
 11 (i) the applicable permits were issued by the local permitting author-
 12 ity prior to the earlier of December 31, 2022, or the date on which the
 13 property owner became aware of a violation of article 25 or 34 of the
 14 environmental conservation law on the property;
 15 (ii) the property owner exercised reasonable due diligence when
 16 purchasing the property and had no knowledge of any violation of article
 17 25 or 34 of the environmental conservation law, including any require-
 18 ment to obtain a coastal erosion hazard area permit or tidal wetlands
 19 permit in addition to the locally issued permit for construction; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08152-06-6

 A. 7034--B 2

 1 (iii) such structures were built on or before the earlier of December
 2 31, 2022, or the date on which the property owner became aware of a
 3 violation of article 25 or 34 of the environmental conservation law on
 4 the property.
 5 § 2. For any eligible property, local permits shall be deemed to be
 6 sufficient to satisfy any requirements for an erosion hazard area
 7 permit, tidal wetlands permit, or variance under article 25 or 34 of the
 8 environmental conservation law.
 9 § 3. This act shall take effect immediately.

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