N.Y. Environmental Conservation Law § 9-0815: Request for comment on local laws or ordinances pertaining to the practice of forestry

§ 9-0815. Request for comment on local laws or ordinances pertaining to

the practice of forestry.

The commissioner upon his or her own initiative, or upon the written

request of a municipality or an owner of forest land within the

municipality, may elect to comment upon a proposed local law or

ordinance which may restrict the practice of forestry. The requesting

municipality or owner of forest land shall provide, at a minimum, the

full text of the proposed local law or ordinance to the commissioner

with such request.

1. Upon receipt of such written request or upon the commissioner's

determination to comment on a local law or ordinance, the commissioner

shall notify the municipal legislative body, in writing, of the receipt

date or the date of such determination.

2. An owner of forest land shall provide notice to the municipal

legislative body proposing the local law or ordinance of a written

request to the commissioner in the time, manner, and form as may be

prescribed by the commissioner.

3. The commissioner, in preparing his or her comments for

consideration by the municipality, may consider factors including, but

not limited to, the impact of the proposed local law or ordinance upon

the long-term viability of forests in the municipality and any

modifications or alternatives which a municipality may undertake to

minimize the impacts to the practice of forestry in preparing his or her

comments.

4. The commissioner shall have forty-five days after receipt of an

ordinance to provide his or her comments, if any, to the municipal

legislative body proposing the law or ordinance. Any municipal

legislative body shall defer the adoption of such local law or ordinance

pending receipt of comments, if any, from the commissioner or the

passage of forty-five days from the date of receipt of the proposed

local law or ordinance by the commissioner. The commissioner shall have

the opportunity to respond only to the original proposal considered by

the local governing body.

5. For purposes of this section, "forest land" shall mean land that is

suitable to forest crop production.