Encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines
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- DEC
- Encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines.
- The DEC must authorize and encourage the use of nature-based solutions as the preferred alternative for stabilizing tidal shorelines in the state and must consider such solutions when promulgating and implementing related rules and regulations.
- ONGOING
- Ch. 487 of 2023 amends ECL § 3-0301.
Statutory Language:
§ 2. Section 3-0301 of the environmental conservation law is amended by adding a new subdivision 2-a to read as follows:
2-a. A. To further assist in carrying out the policy of this state as provided in section 1-0101 of this chapter, the department, by and through the commissioner shall: (1) authorize and encourage the use of nature-based solutions as the preferred alternative, where appropriate, for stabilizing tidal shore-lines in the state when promulgating and implementing rules and regulations relating thereto, specifically including, but not limited to, those promulgated and implemented for articles fifteen, twenty-five and thirty-four of this chapter. The department shall consult with the United States Army Corps of Engineers to ensure the minimization of conflicts with federal law and regulation.
(2) continue developing integrated guidance for the management of tidal shoreline systems to provide a technical basis for the coordination of permit decisions required by any regulatory entity exercising authority over a shoreline management project. Such guidance shall: (i) communicate to stakeholders and regulatory authorities that it is the policy of the state that some shorelines shall remain natural unless stabilization is necessary, and when stabilization is deemed necessary, it shall support nature-based solutions as the preferred alternative for stabilizing tidal shorelines; (ii) identify preferred shoreline management approaches for the shore-line and community types found in the state; (iii) explain the risks and benefits of protection provided by various shoreline system elements associated with each management option; and (iv) recommend procedures to achieve efficiency and effectiveness by the various regulatory entities exercising authority over a shoreline
management project.
(3) give preference to a permit application for a shoreline management project based on nature-based solution design unless an alternative analysis containing a review of nature-based solutions that have been evaluated using the best available information shows that such approaches are not suitable. If this analysis shows that a nature-based solution approach is unsuitable or inconsistent with land-use regulations, the department shall require the applicant to incorporate, to the maximum extent possible, elements of a nature-based solution that are suitable for the project where appropriate.