NY Env Conserv L § 71-0703 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 7 - Enforcement of Article 9 71-0703 - Penalties.

§ 71-0703. Penalties.   In  order to secure the enforcement of the several sections of article 9 the following fines and civil penalties are provided:   1. Except as otherwise provided in subdivision 4, 5, 6 or  7  of  this section,  any  person  who  violates  any  provision of article 9 or the rules, regulations or orders promulgated pursuant thereto or  the  terms of  any  permit  issued  thereunder,  or  who  fails to perform any duty imposed by any provision thereof shall be guilty of  a  violation,  and, upon  conviction,  shall  be  punished  by  a  fine of not more than two hundred fifty dollars, or by imprisonment  for  not  more  than  fifteen days,  or  by  both  such fine and imprisonment, and in addition thereto shall be liable to a civil penalty of not less than ten  nor  more  than one hundred dollars.   2.  The  violation  of any of the provisions of the following sections shall subject the person guilty thereof to the following civil penalties in addition to  the  liability  prescribed  in  subdivision  1  of  this section:   a. Section 9-1113 of this chapter, two dollars per tree;   b.  Subdivision  3  of  section  9-1105  of  this chapter, twenty-five dollars per day;   c. Subdivision 4 of section 9-1105 of this chapter, and subdivision  1 of section 9-1117 of this chapter, ten dollars per mile per day;   d. Section 9-1115 of this chapter, ten dollars per mile;   e.  Subdivision  2  of  section  9-1117  of  this chapter, one hundred dollars per each offense; and   f. Section 9-1119 of this chapter, one hundred  dollars  per  day  per locomotive.   With  respect to the penalty for violation of subdivision 4 of section 9-1105 of this chapter, the owner  and  every  person  engaged  in  such cutting  shall  be  liable  therefor; however, the liability for penalty shall not arise until the  expiration  of  twenty  days  after  service, personally  or by mail upon the alleged violator at his last known place of residence  of  a  written  notice  of  failure  to  comply  with  the requirements of subdivision 4 of section 9-1105 of this chapter.   3.  Any  person  who  molests, injures, removes, destroys or withholds supplies  or  other  material  maintained  for  forest  fire  protection purposes  shall  be  guilty  of  a violation and shall be punishable and liable to a civil penalty as provided in subdivision 1 of this section.   4. Any person who sets fire wilfully in violation of subdivision 1  of section 9-1105 of this chapter shall be guilty of a felony.   5.  In  addition  to  any  prosecution  as  provided under article one hundred fifty-five of the penal law, any person who violates subdivision 1 of section 9-0303 or section 9-1501 of this chapter except  where  the lawful  exercise of an easement or right of way on land not owned by the state is involved shall  be  guilty  of  a  class  A  misdemeanor.  Upon conviction, such person shall be sentenced to a fine and/or imprisonment as provided in the penal law.   6.  (a)  In  addition to any other penalty provided by law, any person who violates subdivision 1 of section 9-0303 of this  chapter  shall  be liable  to  a  civil  penalty  of  two hundred fifty dollars per tree or treble damages, based on the stumpage value of such tree or both.  Where the  order or decision finds that the defendant established by clear and convincing evidence, that when such defendant committed  the  violation, he or she had cause to believe that the land was his or her own, or that he  or  she  had  an  easement  or  right  of way across such land which permitted such action, damages shall be awarded  on  the  basis  of  the stumpage  value  of  such  tree  or  trees in the market as if they were privately owned. Notwithstanding the foregoing, this section  shall  not  be  construed  to  authorize  the  cutting of timber or removal of trees where such action would otherwise be violative of any provision  of  the state constitution or law.  (b)  In  addition  to  any other penalty provided by law, a person who violates section 9-1501 of this chapter shall  be  liable  for  a  civil penalty of two hundred fifty dollars per tree or treble damages or both, based  on  the  stumpage value of such tree or trees. Where the order or decision finds that the defendant established by  clear  and  convincing evidence,  that  when  such defendant committed the violation, he or she had cause to believe that the land was his or her own or that he or  she had  an  easement  or right of way across such land which permitted such action, damages shall be awarded on the basis of the stumpage  value  of such  tree  or  trees. Notwithstanding the foregoing, this section shall not be construed to authorize the cutting of timber or removal of  trees where  such  action would otherwise be violative of any provision of the state constitution or law.  (c) For purposes of this subdivision, "stumpage value" shall mean  the current  fair  market  value of a tree as it stands prior to the time of sale, cutting, or removal. Stumpage value shall be determined by one  or more  of  the  following  methods:  the  sale  price  of  the tree in an arm's-length sale, a review of solicited bids, the stumpage price report prepared by the department  of  environmental  conservation,  comparison with like sales on trees on state or private lands, or other appropriate means  to  assure  that  a  fair  market  value is established within an acceptable range based on the appropriate geographic area.   7. In addition to the penalties otherwise  provided,  any  person  who violates  any  of  the  provisions of subdivision 1 of section 9-0303 or section 9-1501 of this chapter may be ordered by the commissioner or the court to make reparations  for  any  permanent  and  substantial  damage caused  to  the  land  or  the  improvements thereon as a result of such violation. Such reparations shall be of such kind, nature and extent  as will  reasonably  restore  the  lands affected by the violation to their condition immediately before the violation and may be made  by  physical restoration of such lands and/or by the assessment of a monetary payment to make such restoration.   8. Any person who violates any provision of any proclamation issued by the  governor  pursuant  to  the  provisions  of  section 9-1101 of this chapter shall be guilty of a  violation  and  shall  be  punishable  and liable to a civil penalty as provided in subdivision 1 of this section.   9. a. Any person who transports, sells, imports or introduces invasive species, in violation of the regulations promulgated pursuant to section 9-1709 of this chapter shall be subject to the following:   For  any  first  violation  in lieu of a penalty there may be issued a written warning by the department and there may also be issued education materials at the discretion of  the  department  regarding  requirements related  to  invasive  species.  Such  person  shall,  however,  for any subsequent violation thereafter be subject to a fine of no less than two hundred fifty dollars.   b. Any nursery grower licensed pursuant to  article  fourteen  of  the agriculture  and  markets  law, any person who owns or operates a public vessel as such term is defined in paragraph (a) of  subdivision  six  of section  two of the navigation law, or any person who owns or operates a commercial fishing vessel who transports, sells, imports  or  introduces invasive species in violation of the regulations promulgated pursuant to section  9-1709  of this chapter, shall be subject to a fine of not less than six hundred dollars upon the first penalty. Upon the second penalty such person shall be subject to a fine of not  less  than  two  thousand dollars. Upon a subsequent penalty and after a hearing or opportunity to  be  heard  upon  due  notice the following penalties may apply: (i) such nursery grower may be subject to the revocation  procedures  of  section one  hundred  sixty-three-c of the agriculture and markets law (ii) such person's  vessel  registration  may  be suspended or (iii) such person's fishing permit may be revoked by the department.   * 10. Any person who violates section 9-1710 of this chapter shall  be guilty  of  a  violation  and  shall be punishable and liable to a civil penalty as provided  in  subdivision  one  of  this  section,  provided, however,  that  for any first violation in lieu of a penalty there shall be issued a written warning by the department and there  shall  also  be issued education materials at the discretion of the department regarding requirements  related  to invasive species. Such person shall be subject to a fine of up to one hundred fifty dollars for a second offense, up to two hundred fifty dollars for a third offense,  and  no  less  than  two hundred fifty dollars nor more than one thousand dollars for a fourth or subsequent offense.   * NB Repealed June 1, 2021