DEC local laws preempted
Submitted by admin on Mon, 07/25/2011 - 23:01
New York Environmental Conservation Law
DEC Has Exclusive Authority to Regulate Drilling
NYS Environmental Conservation Law Section 23-0303 provides:
- Except to the extent that the administration of this article is specifically entrusted to other agencies or officers of the state by its provisions, such administration shall be by the department. Geological services for the department in connection with the administration of this article shall be provided by or in cooperation with the state geologist. Within appropriations therefor the department is authorized to employ such personnel as may be necessary for the administration of this article and may also employ or secure the services of such engineering, technical and other consultants as it may require from time to time.
2. The provisions of this article shall supersede all local laws or ordinances relating to the regulation of the oil, gas and solution mining industries; but shall not supersede local government jurisdiction over local roads or the rights of local governments under the real property tax law.
3. a. The commissioner shall accept from municipalities requests for funds from the oil and gas fund to reimburse the municipality for costs incurred in repairing damages to municipal land or property. Such requests shall include such explanatory material and documentation as the commissioner may require.
b. The commissioner and director of the budget, may recommend payment to the municipality to satisfy the request for reimbursement upon finding that:
(1) The municipality has made a bona fide effort to seek relief and recover its costs from those deemed to be responsible and any other appropriate avenues, but has been unsuccessful;
(2) The damage was a direct result of activities regulated under this article and that the amount of funds requested is reasonable in view of such damages; and
(3) The costs were incurred after the effective date of this subdivision.
 But, see NY State Real Property Tax Law Section 594, which specifically supersedes local laws relating to the taxation of oil and gas within New York State. The roads exception must be exercised neutrally, not against a specific industry.