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S 9479

Relates to the definition of tidal wetlands

2025 Regular Session Introduced by Pete Harckham

The bill broadens the definition of tidal wetlands to include areas bordering or beneath tidal waters, including those now or formerly connected to tidal waters.

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Bill Summary · S 9479

Summary of New York S. 9479 (2025-2026) – Relates to the Definition of Tidal Wetlands

Overview

  • Bill: S 9479
  • Session: 2025-2026
  • Jurisdiction: New York
  • Introduced by: Sen. Harckham (co-sponsor: Pete Harckham)
  • Committee: Environmental Conservation
  • Date Introduced: March 17, 2026
  • Effective Date: Immediate upon enactment

Purpose and Intent

The bill amends the Environmental Conservation Law to modify the definition of “tidal wetlands.” The change clarifies and broadens the description of areas that constitute tidal wetlands within the state’s regulatory framework.

Key Provisions

  • Amends Paragraph (a) of subdivision 1 of section 25-0103 of the Environmental Conservation Law (as added by chapter 790 of the laws of 1973).
  • Redefines tidal wetlands to include:
    • Areas in the marine and coastal district described in section 13-0103 of the ECL.
    • Areas that border on or lie beneath tidal waters.
    • Specific examples listed: banks, bogs, salt marsh, swamps, meadows, flats, or other low lands subject to tidal action.
    • It explicitly includes areas that are now or formerly connected to tidal waters.
  • The act is a definition clarification and does not specify new regulatory mechanisms beyond the statutory definition itself.

Who/What is Affected

  • State regulatory scope: Agencies and authorities implementing tidal wetlands protections under the Environmental Conservation Law.
  • Land and water areas: Any landforms that border or lie beneath tidal waters within the marine and coastal district, including areas previously connected to tidal waters and areas currently or formerly connected to tidal waters.
  • Property owners, developers, and regulated interests: Entities involved in activities near or within tidal wetlands may be subject to existing protections and permitting regimes that hinge on whether an area is classified as tidal wetlands.

Procedural and Timeline Aspects

  • Filing/Introduction: Referred to the Senate Environmental Conservation Committee on March 17, 2026.
  • Action History indicates subsequent amendments/recommitments:
    • April 9, 2026: Amended and Recommitted to Environmental Conservation
    • April 9, 2026: Printed as Bill Number 9479A
  • Effective Date: The act provides an immediate effective date upon enactment.

Practical Impact and Considerations

  • By broadening or clarifying the definition of tidal wetlands, more land areas may fall under tidal wetland protections, potentially affecting permitting, land use planning, and any development or disturbance activities near these areas.
  • The change emphasizes inclusion of areas connected or formerly connected to tidal waters, which could influence historical assessments of wetland boundaries and regulatory applicability.
  • Agencies responsible for enforcing tidal wetland protections would apply the revised definition when determining regulatory requirements, permitting needs, and mitigation obligations.

Note

  • The bill text provided focuses solely on the definitional change within the Environmental Conservation Law and does not specify new regulatory programs, funding, or penalties.

Compiled from official sources — confirm details with the bill’s official record.

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