STATE OF NEW YORK
________________________________________________________________________
S. 6379 A. 8195
2019-2020 Regular Sessions
SENATE - ASSEMBLY
June 7, 2019
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IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Rules
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred
to the Committee on Local Governments
AN ACT to amend the town law, in relation to the preservation of lands
necessary to protect fisheries and water dependent uses essential to
maintain and enhance maritime heritage
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 4 of section 64-e of the town law, as amended
2 by chapter 301 of the laws of 2016, is amended to read as follows:
3 4. Preservation of community character shall involve one or more of
4 the following: (a) establishment of parks, nature preserves, or recre-
5 ation areas; (b) preservation of open space, including agricultural
6 lands provided, however, that farm buildings and structures used for the
7 marketing of farm products produced on such agricultural lands [where at
8 least fifty percent of the gross annual income results from sales of
9 products produced on such lands and, in addition the sale of any other
10 locally sourced and/or produced food and plant products] shall be
11 permitted; (c) preservation of lands of exceptional scenic value; (d)
12 preservation of fresh and saltwater marshes or other wetlands; (e) pres-
13 ervation of aquifer recharge areas; (f) preservation of undeveloped
14 beachlands or shoreline including those at significant risk of coastal
15 flooding due to projected sea level rise and future storms; (g) estab-
16 lishment of wildlife refuges for the purpose of maintaining native
17 animal species diversity, including the protection of habitat essential
18 to the recovery of rare, threatened or endangered species; (h) preserva-
19 tion of pine barrens consisting of such biota as pitch pine, and scrub
20 oak; (i) preservation of unique or threatened ecological areas; (j)
21 preservation of rivers and river areas in a natural, free-flowing condi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11834-02-9
S. 6379 2 A. 8195
1 tion; (k) preservation of forested land; (l) preservation of public
2 access to lands for public use including stream rights and waterways;
3 (m) preservation of historic places and properties listed on the New
4 York state register of historic places and/or protected under a munici-
5 pal historic preservation ordinance or law; (n) preservation of lands
6 necessary to protect fisheries and water dependent uses essential to
7 maintain and enhance maritime heritage; and [(n)] (o) undertaking any of
8 the aforementioned in furtherance of the establishment of a greenbelt.
9 Preservation of community character shall also include the protection
10 and improvement of the quality of all water resources.
11 § 2. This act shall take effect immediately.