Posted by
Property Rights Foundation of America®
Founded 1994

Saratoga County Board of Supervisors resolution No. 176-99,
"Requesting the Withdrawal of Proposed Wetland Maps for Saratoga County until, at a minimum, a program to provide reimbursement of local tax revenue is implemented by the State of New York," October 19, 1999

RESOLUTION 176 -99

Introduced by Supervisors Stokes, Wall, Johnson, King, McDonald, Scirocco and Trieble

REQUESTING THE WITHDRAWAL OF PROPOSED WETLAND MAPS FOR SARATOGA COUNTY UNTIL, AT A MINIMUM, A PROGRAM TO PROVIDE REIMBURSEMENT OF LOCAL TAX REVENUE IS IMPLEMENTED BY THE STATE OF NEW YORK

WHEREAS, Chapter 619 of the Laws of 1975 (Article 24 ECL) provided the New York State Department of Environmental Conservation (DEC) with the authority to regulate wetlands within NYS, and

WHEREAS, the DEC has recently promulgated revised wetland maps affecting same 4,200 private parcels of land in Saratoga County, thereby increasing regulated wetlands in Saratoga County from 36,000 acres to over 50,000 acres, and

WHEREAS, wetlands within the County of Saratoga are currently afforded protection under the federal Clean Water Act and the state Freshwater wetlands Act, and

WHEREAS, DEC has failed to promulgate regulations, application forms, or any information to implement the tax abatement provisions for tax abatement provided by Section 24-0905 of the ECL, and

WHEREAS, lacking such regulatory guidance, whatever tax abatement for landowners occurs under the office of the local assessor is not consistent throughout New York State and uncertain for the landowner, and

WHEREAS, DEC by designating wetlands, has caused the reduction in taxable value of property within local taxing jurisdictions without compensating local municipalities or school districts for the loss in tax base resulting from the state mandate, and

WHEREAS, the diminishment of the right to use property designated as DEC wetlands within the County of Saratoga has a negative and permanent impact upon the tax base of each of the affected municipalities within the County, and

WHEREAS, the Constitution of the State of New York and the United States of America provide that property owners shall receive just compensation when their property is taken for public use; now, therefore, be it


RESOLVED, that the Board of Supervisors of Saratoga County requests at a minimum that the proposed wetlands maps be withdrawn until such time that adequate legislative reform occurs which will provide reimbursement by the State of New York to the affected municipalities and school districts in Saratoga county for lost local tax revenue resulting from the regulation of these wetland areas, and

BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to NYDEC Commissioner John Cahill, Assemblymen Robert D'Andrea, Robert Prentiss and James Tedisco, Senator Joseph Bruno and Senator Hugh Farley.

 

BUDGET IMPACT STATEMENT: No budget impact.

 

STATE OF NEW YORK ss:
COUNTY OF SARATOGA

I, BARBARA J. PLUMMER, Clerk of the Board of Supervisors of Saratoga County, do hereby certify that the foregoing is a true copy, and the whole thereof, of a resolution duly adopted by the Board of Supervisors of said county, an the 19th day of October 1999.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed hereto the official seal of said Board of Supervisors this 21st day of October 1999.

Barbara J. Plummer
Clerk of the Board of Supervisors
Saratoga County, New York

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