ADIRONDACK PARK AGENCY REPORTER
Susan Allen, Publisher and Editor
P. O. Box 718
Keene Valley, New York 12943
Telephone: (518) 576-9861    APAReport@aol.com


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New York State Consolidated Laws

Executive
Article 27
Adirondack Park Agency

( NOTE: FOR GENERAL INFORMATIONAL PURPOSES ONLY !!! )

Section    800.   Short title.
Section    801.   Statement of legislative findings and purposes.
Section    802.   Definitions.
Section    803.   Adirondack park agency.
Section    803a. Adirondack park local government review board.
Section    804.   General powers and duties of the agency.
Section    805.   Adirondack park land use and development plan.
Section    806.   Shoreline restrictions.
Section    807.   Local land use programs.
Section    808.   Administration and enforcement of approved local
land use programs
.
Section    809.   Agency administration and enforcement of the land
use and development plan
.
Section    811.   Special  provisions  relating  to agency project
review jurisdiction and the shoreline restrictions
.
Section    812.   Public hearings.
Section    813.   Penalties and enforcement.
Section    814.   State agency projects.
Section    815.   Interim development controls.
Section    816.   Master plan for management of state lands.
Section    817.   Activities of the United States in the Adirondack park.
Section    818.   Judicial review.
Section    819.   Applicability.
Section
    820.   Severability.

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  S 800. Short title.  This article shall be known as the "Adirondack
Park Agency Act."
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  S 801. Statement   of   legislative   findings   and  purposes.  The
Adirondack park is abundant in natural resources and open space unique
to New York and the eastern United States.  The  wild  forest,  water,
wildlife  and  aesthetic  resources  of  the  park, and its open space
character, provide an outdoor recreational experience of national  and
international  significance.  Growing population, advancing technology
and an expanding economy are  focusing  ever-increasing  pressures  on
these priceless resources.
  Our  forefathers  saw  fit  nearly  a  century  ago to provide rigid
constitutional safeguards for the public lands in the Adirondack park.
Today forest preserve lands constitute approximately forty percent  of
the  six million acres of land in the park. The people of the state of
New  York  have  consistently  reiterated  their  support   for   this
time-honored institution.
  Continuing  public concern, coupled with the vast acreages of forest
preserve holdings, clearly establishes a substantial state interest in
the preservation and development of the park area. The  state  of  New
York  has  an  obligation  to  insure  that contemporary and projected
future pressures on the park resources are provided for within a  land
use  control  framework  which  recognizes  not  only matters of local
concern but also those of regional and state concern.
  In the past the Adirondack environment  has  been  enhanced  by  the
intermingling  of public and private land. A unique pattern of private
land use has developed which has  not  only  complemented  the  forest
preserve  holdings  but also has provided an outlet for development of
supporting facilities necessary to the proper use and enjoyment of the
unique wild forest atmosphere of the park. This fruitful  relationship
is  now  jeopardized  by the threat of unregulated development on such
private lands. Local  governments  in  the  Adirondack  park  find  it
increasingly  difficult  to  cope  with  the unrelenting pressures for
development being brought to bear on the area, and to  exercise  their
discretionary  powers  to create an effective land use and development
control framework.
  The basic purpose of this  article  is  to  insure  optimum  overall
conservation,  protection,  preservation,  development  and use of the
unique  scenic,  aesthetic,  wildlife,   recreational,   open   space,
historic, ecological and natural resources of the Adirondack park.
  A further purpose of this article is to focus the responsibility for
developing  long-range  park  policy  in  a forum reflecting statewide
concern. This policy shall recognize the major state interest  in  the
conservation,  use  and  development  of  the park`s resources and the
preservation of its open  space  character,  and  at  the  same  time,
provide a continuing role for local government.
  The  Adirondack park land use and development plan set forth in this
article recognizes the complementary needs of all the  people  of  the
state  for  the  preservation  of  the park`s resources and open space
character  and  of  the  park`s  permanent,  seasonal  and   transient
populations  for  growth  and  service areas, employment, and a strong
economic base, as well. In support of the essential interdependence of
these needs, the plan represents a sensibly balanced apportionment  of
land  to  each.  Adoption  of  the  land  use and development plan and
authorization for its administration and enforcement  will  complement
and  assist  in  the administration of the Adirondack park master plan
for management of state land.   Together, they are  essential  to  the
achievement  of  the  policies  and  purposes of this article and will
benefit all of the people of the state.
  Accordingly,  it is the further purpose of this article to adopt and
implement the land use and development plan and  to  provide  for  the
plan`s  maintenance,  administration  and  enforcement in a continuing
planning process that recognizes matters of local concern and those of
regional  and   state   concern,   provides   appropriate   regulatory
responsibilities  for the agency and the local governments of the park
and seeks to achieve sound local  land  use  planning  throughout  the
park.
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  S 802. Definitions.  As  used  in  this  article, unless the context
otherwise requires, the following  words  and  terms  shall  have  the
meaning ascribed to them.
  1.  "Adirondack  park"  or  "park"  means land lying within the area
described in subdivision one of section 9-0101  of  the  environmental
conservation law including any future amendments thereto.
  2. "Adirondack park local government review board" or "review board"
means the board established in section eight hundred three-a.
  3.  "Agency"  means  the  Adirondack  park agency created by section
eight hundred three of this article.
  4. "Accessory use" means any use of  a  structure,  lot  or  portion
thereof that is customarily incidental and subordinate to and does not
change the character of a principal land use or development, including
in  the  case  of residential structures, professional, commercial and
artisan activities carried on by the residents of such structures.
  5. "Accessory structure" means any structure or a portion of a  main
structure  customarily  incidental and subordinate to a principal land
use or development and that customarily accompanies or  is  associated
with such principal land use or development, including a guest cottage
not  for  rent  or  hire  that  is  incidental  and subordinate to and
associated with a single family dwelling.
  6. "Agricultural service use" means any milk processing plant,  feed
storage supply facility, farm machinery or equipment sales and service
facility;  storage  and processing facility for fruits, vegetables and
other agricultural products or similar use  directly  and  customarily
related to the supply and service of an agricultural use.
  7.   "Agricultural  use"  means  any  management  of  any  land  for
agriculture;  raising  of  cows,  horses,  pigs,  poultry  and   other
livestock;  horticulture  or  orchards; including the sale of products
grown or raised directly on such land, and including the construction,
alteration or maintenance of fences, agricultural roads,  agricultural
drainage systems and farm ponds.
  8.  "Agricultural use structure" means any barn, stable, shed, silo,
garage, fruit and vegetable  stand  or  other  building  or  structure
directly and customarily associated with agricultural use.
  9.  "Approved  local  land  use  program"  means  any local land use
program approved by the agency under section eight hundred seven.
  10. "Campground" means any area designed for transient occupancy  by
camping  in  tents,  camp  trailers,  travel  trailers, motor homes or
similar facility designed for temporary shelter.
  11. "Character description, policies, purposes and objectives  of  a
land  use  area"  means  those  land  use  are character descriptions,
policies, purposes and objectives of the land use and development plan
contained in subdivision three of section eight hundred five.
  12. "Chief elected officer" means in the case of a city,  the  mayor
thereof;  in  the  case  of a town, the supervisor thereof; and in the
case of a village, the mayor thereof.
  13. "Class A regional project" and "class B regional project"  means
the  land  use  and development and subdivisions of land listed and so
characterized in section eight hundred ten.
  14. "Classification of compatible uses lists" means the land use and
development plan`s lists of primary uses and secondary  uses  for  the
land  use area contained in subdivision three of section eight hundred
five.
  15. "Clearcutting" means any cutting of  all  or  substantially  all
trees  over  six inches in diameter at breast height over any ten-year
cutting cycle.
  16.  "Commercial  sand  and  gravel extraction" means any extraction
from the land of more than fifty cubic yards in any two year period of
sand, gravel or topsoil (1) for the purpose of sale or use by  persons
other  than the owner of the land or (2) for the purpose of use by any
municipality.
  17. "Commercial use" means any use involving the sale or  rental  or
distribution  of  goods,  services  or  commodities,  either retail or
wholesale, or the provision of recreation facilities or activities for
a fee other than any such uses  specifically  listed  on  any  of  the
classification of compatible uses lists.
  18.    "Development    considerations"    means    the   development
considerations of the land  use  and  development  plan  contained  in
subdivision four of section eight hundred five.
  19.  "Existing  land use or development" or "existing use" means any
land use or development in existence at any given time.
  20. "Existing subdivision of land" or "existing  subdivision"  means
any subdivision in existence at any given time.
  21.  "Forestry  use"  means  any management, including logging, of a
forest, woodland or plantation and related  research  and  educational
activities,  including  the construction, alteration or maintenance of
woodroads, skidways, landings, fences and forest drainage systems.
  22. "Forestry use structure" means any barn, shed, garage, research,
educational  or  administrative  building  or   cabin   directly   and
customarily associated with forestry use.
  23. "Group camp" means any land or facility for seasonal housing and
recreational, educational or business related use by private groups or
semi-public  groups,  such  as  a  boy  scout camp, fraternal lodge or
university or college conference center.
  24. "Industrial use" means any manufacturing, production or assembly
of goods or material,  including  any  on  site  waste  disposal  area
directly associated with an industrial use. This term does not include
mineral   extractions,   private   and   commercial  sand  and  gravel
extractions, sawmills, chipping mills, pallet mills and  similar  wood
using facilities.
  25.  "In  existence"  means  (a)  with  respect  to  any land use or
development, including any structure, that such use or development has
been substantially commenced or completed, and (b) with respect to any
subdivision or portion of a  subdivision,  that  such  subdivision  or
portion   has   been  substantially  commenced  and  that  substantial
expenditures have been made for structures  or  improvements  directly
related thereto.
  26.  "Junkyard"  means  any  open  lot  or area for the dismantling,
storage or sale, as parts, scrap or salvage, of used or wrecked  motor
vehicles,  machinery,  scrap  metals,  waste  papers,  rags,  used  or
salvaged building materials or other discarded material.
  27. "Land" means the earth, on or below the surface of  the  ground,
including water and air above, the flora and fauna.
  28.  "Land  use  or  development" or "use" means any construction or
other activity which materially changes the use or appearance of  land
or  a  structure  or  the intensity of the use of land or a structure.
Land use and development shall not include any landscaping or  grading
which  is not intended to be used in connection with another land use,
or ordinary repairs or maintenance or interior alterations to existing
structures or uses.
  29.  "Land  use and development plan" or "plan" means the Adirondack
park land use and development plan prepared  by  the  Adirondack  park
agency  as  directed  by  law,  approved by the agency on March three,
nineteen hundred seventy-three, adopted in subdivision one of  section
eight  hundred  five,  including  the  plan  map,  and  any amendments
thereto, the provisions of the plan as contained in subdivisions three
and four of section eight hundred five and sometimes  referred  to  as
the  "provisions  of  the  plan",  and any amendments thereto, and the
shoreline restrictions contained in section eight hundred six, and any
amendments thereto.
  30. "Land use areas" means the six types of land use  areas  of  the
land  use and development plan delineated on the plan map and provided
for in subdivision three of section eight hundred five.
  31. "Local  government"  means  any  city,  town  or  village  whose
boundaries  lie  wholly  or  partly within the Adirondack park, except
that such term shall not include in the case of a  town  that  portion
thereof within any incorporated village.
  32.  "Local  land  use program" means any comprehensive land use and
development  planning  and  control  program  undertaken  by  a  local
government  that  includes local land use controls, such as zoning and
subdivision regulations and a sanitary code, and governs land use  and
development  and subdivision of land within the entire jurisdiction of
the local government.
  33. "Major public utility use" means any electric power transmission
or distribution line and associated equipment of a rating of more than
fifteen kilovolts which is one mile or more in length;  any  telephone
inter-exchange  or  trunk  cable  or feeder cable which is one mile or
more  in  length;  any  telephone  distribution  facility   containing
twenty-five  or  more  pairs  of  wire and designed to provide initial
telephone  service  for  new   structures;   any   television,   cable
television,  radio,  telephone  or  other  communication  transmission
tower; any  pipe  or  conduit  or  other  appurtenance  used  for  the
transmission  of  gas,  oil or other fuel which is one mile or more in
length; any electric substation, generating  facility  or  maintenance
building  and  any  water  or  sewage pipes or conduits, including any
water storage tanks, designed  to  service  fifty  or  more  principal
buildings.  Any use which is subject to the jurisdiction of the public
service  commission  pursuant to article seven or article eight of the
public service law or other  prior  approval  by  the  public  service
commission  under  the  provisions  of the public service law is not a
major public utility use or a use for the  purposes  of  this  article
except  for the shoreline restrictions in which case the bodies having
jurisdiction over such uses under such  article  or  other  provisions
shall  have  the  authority  of the agency or a local government under
this article.
  34. "Master plan for management of state  lands"  means  the  master
plan  for  management  of  state  lands  referred  to in section eight
hundred sixteen.
  35. "Mineral extraction" means any extraction, other than  specimens
or  samples,  from  the land of stone, coal, salt, ore, talc, granite,
petroleum products or other materials,  except  for  commercial  sand,
gravel  or topsoil extractions; including the construction, alteration
or maintenance of mine roads, mine tailing piles  or  dumps  and  mine
drainage.
  36.  "Mineral  extraction  structure"  means  any  mine  hoist;  ore
reduction,  concentrating,  sintering  or   similar   facilities   and
equipment;  administrative  buildings; garages or other main buildings
or structures.
  37. "Mobile home" means any self-contained  dwelling  unit  that  is
designed  to  be  transported  on  its  own wheels or those of another
vehicle, may contain  the  same  water  supply,  sewage  disposal  and
electric  system  as immobile housing and is used for either permanent
or seasonal occupancy. A dwelling unit that is constructed in sections
and transported to and assembled on  the  site  is  not  considered  a
mobile home.
  37-a.  "Mean  high  water  mark" means the average annual high water
level.
  38. "Mobile  home  court"  means  a  parcel  of  land  under  single
ownership  which  is designed and improved for the placement of two or
more mobile homes upon units thereof.
  39. "Multiple family dwelling"  means  any  apartment,  town  house,
condominium  or  similar  building,  including  the  conversion  of an
existing single family dwelling, designed for  occupancy  in  separate
dwelling units therein by more than one family.
  40.   "Municipality"   means  any  municipal  corporation,  district
corporation or public benefit corporation as such terms are defined in
section three of the  general  corporation  law,  and  any  agency  or
instrumentality  of the foregoing, except that the term public benefit
corporation shall not include any such corporation any member of which
is appointed by the governor.
  41. "New land use or development" or "new land use" means  any  land
use or development that is not a preexisting use.
  42.  "New  subdivision  of  land"  or  "new  subdivision"  means any
subdivision of land that is not a preexisting subdivision.
  43. "Official Adirondack park land use and development plan map"  or
"plan  map" means the map portion of the land use and development plan
on file at the headquarters of the Adirondack park agency as  required
in subdivision one of section eight hundred five.
  44.   "Open   space   recreation   use"  means  any  recreation  use
particularly oriented to and utilizing the  outdoor  character  of  an
area;  including a snowmobile, trail bike, jeep or all-terrain vehicle
trail; cross-country ski trail; hiking and backpacking trail;  bicycle
trail; horse trail; playground, picnic area, public park, public beach
or similar use.
  45.   "Optional   shoreline   clustering   provisions"  means  those
provisions set forth as an alternative to the  shoreline  restrictions
in section eight hundred six.
  46.  "Overall  intensity  guidelines"  means  the  overall intensity
guidelines for development for the various land use areas of the  land
use  and development plan as contained in subdivision three of section
eight hundred five.
  47.  "Person"  means  any  individual,   corporation,   partnership,
association,  trustee,  municipality  or other legal entity, but shall
not include the state or any state agency.
  48. "Preexisting land use or development" or "preexisting use" means
any land use or development,  including  any  structure,  lawfully  in
existence   prior  to  August  one,  nineteen  hundred  seventy-three,
provided, however, that with respect to any land  use  or  development
exempt   from   the  agency`s  interim  project  review  powers  under
subdivision thirteen of section eight hundred fifteen until June  one,
nineteen  hundred seventy-three, such date shall be substituted herein
for August one,  nineteen  hundred  seventy-three.  For  the  purposes
hereof,  "lawfully" means in full compliance with all applicable laws,
rules and regulations, including, without  limitation,  possession  of
and  compliance  with  any permit or other approval required under the
public health law, the environmental conservation law,  any  local  or
other governmental regulation.
  49.  "Preexisting  subdivision of land" or "preexisting subdivision"
means  any  subdivision  or  portion  of  a  subdivision  lawfully  in
existence   prior  to  August  one,  nineteen  hundred  seventy-three,
provided, however, that with respect to any subdivision or portion  of
a  subdivision  exempt from the agency`s interim project review powers
under subdivision thirteen of section eight hundred fifteen until June
one, nineteen hundred seventy-three, such date  shall  be  substituted
herein  for  August  one,  nineteen  hundred  seventy-three.  For  the
purposes  hereof,  "lawfully"  means  in  full  compliance  with   all
applicable laws, rules and regulations, including, without limitation,
possession  of  and  compliance  with  any  permit  or  other approval
required under the public health law, the  environmental  conservation
law, any local or other governmental regulation.
  50. "Principal building" means any one of the following:
  a. a single family dwelling constitutes one principal building;
  b. a mobile home constitutes one principal building;
  c.  a  tourist cabin or similar structure for rent or hire involving
three hundred square feet or  more  of  floor  space  constitutes  one
principal building;
  d.  each dwelling unit of a multiple family dwelling constitutes one
principal building;
  e. each motel unit, hotel unit or similar tourist accommodation unit
which  is  attached  to  a  similar  unit  by  a  party   wall,   each
accommodation  unit  of  a tourist home or similar structure, and each
tourist cabin or similar structure for rent  or  hire  involving  less
than  three  hundred  feet  of floor space, constitutes one-tenth of a
principal building;
  f. each commercial use structure and each industrial  use  structure
in  excess  of  three  hundred  square  feet constitutes one principal
building, except that for a commercial use  structure  which  involves
the  retail  sale  or  rental  or  distribution  of goods, services or
commodities, each eleven thousand  square  feet  of  floor  space,  or
portion  thereof,  of  such  commercial use structures constitutes one
principal building;
  g. all agricultural use structures and single  family  dwellings  or
mobile  homes  occupied  by  a farmer of land in agricultural use, his
employees  engaged  in  such  use  and  members  of  their  respective
immediate  families,  will  together  constitute and count as a single
principal building;
  h. any other structure which exceeds twelve hundred  fifty  feet  of
floor space constitutes one principal building;
  i.  a  structure containing a commercial use which is also used as a
single family dwelling constitutes one principal building.
  An accessory structure does not constitute a principal building.
  51.  "Private  sand,  gravel  or  topsoil  extraction"   means   any
extraction from the land of sand, gravel or topsoil for the purpose of
use,  but not sale, by the owner of the land or any extraction for the
purpose of sale of less than fifty cubic yards in any two year period.
  52.  "Project" means any new land use and development or subdivision
of land that is subject to  the  review  jurisdiction  of  either  the
agency or local government under this article.
  53.  "Project  sponsor"  means  any person making application to the
agency, or a local government for the review of a project.
  54. "Public or semi-public building" means any component building of
a college,  school,  hospital,  animal  hospital,  library,  place  of
worship,  museum,  research  center,  rehabilitation center or similar
facility, or a municipal building.
  55. "Public utility use" means any public utility use, equipment  or
structure  which is not a "major public utility use." A public utility
use does not include any use which is subject to the  jurisdiction  of
the  public  service  commission  pursuant to article seven or article
eight of the public service law.
  56. "Shoreline" means that line at which land adjoins the waters  of
lakes,  ponds,  rivers  and streams within the Adirondack park at mean
high water.
  57. "Shoreline restrictions" means those restrictions upon land  use
and  development or subdivisions of land as contained in section eight
hundred six.
  58. "Single family dwelling" means any detached building  containing
one dwelling unit, not including a mobile home.
  59.  "Ski  center"  means  any  trail  or  slope  for alpine skiing;
including lifts, terminals, base lodges, warming huts, sheds,  garages
and  maintenance  facilities,  parking  lots  and  other buildings and
structures directly and customarily related thereto.
  60. "State" means the state of New York.
  61. "State agency" means any department, bureau,  commission,  board
or other agency of the state, including any public benefit corporation
any member of which is appointed by the governor.
  62. "Structure" means any object constructed, installed or placed on
land  to  facilitate  land use and development or subdivision of land,
such as buildings,  sheds,  single  family  dwellings,  mobile  homes,
signs,  tanks,  fences  and  poles  and  any  fixtures,  additions and
alterations thereto.
  63. "Subdivision of land" or "subdivision"  means  any  division  of
land  into  two  or  more lots, parcels or sites, whether adjoining or
not, for the purpose of sale, lease, license or any form  of  separate
ownership  or  occupancy  (including  any  grading, road construction,
installation of utilities or other improvements or any other land  use
and development preparatory or incidental to any such division) by any
person or by any other person controlled by, under common control with
or  controlling  such  person  or  by  any  group of persons acting in
concert as part of a common scheme or plan. Subdivision of land  shall
include  any  map, plat or other plan of the division of land, whether
or not previously filed.  Subdivision of land shall  not  include  the
lease  of land for hunting and fishing and other open space recreation
uses.
  64. "Tourist accommodation" means any hotel, motel, resort,  tourist
cabin or similar facility designed to house the general public.
  65.  "Tourist  attraction"  means  any  man-made or natural place of
interest open to the general public and for which an admittance fee is
usually charged, including but not limited to animal farms,  amusement
parks,  replicas  of  real  or  fictional places, things or people and
natural geological formations.
  66.  "Waste  disposal  area"  means  any  area  for  the disposal of
garbage, refuse and other wastes,  including  sanitary  landfills  and
dumps, other than an on-site disposal area directly associated with an
industrial use.
  67.  "Watershed  management or flood control project" means any dam,
impoundment, dike, rip rap or other  structure  or  channelization  or
dredging  activity  designed  to alter or regulate the natural flow or
condition of rivers or streams or the natural level  or  condition  of
lakes  or  ponds.  Any  such project for which a permit or approval is
required prior to commencement from the  department  of  environmental
conservation is not a watershed management or flood control project or
a use for the purposes of this article.
  68.  "Wetlands" means any land which is annually subject to periodic
or continual inundation by water and commonly referred to  as  a  bog,
swamp  or  marsh  which are either (a) one acre or more in size or (b)
located adjacent to a body of water,  including  a  permanent  stream,
with which there is free interchange of water at the surface, in which
case there is no size limitation.
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  S 803. Adirondack  park  agency.  There  is  hereby  created  in the
executive department, the Adirondack park agency, which shall  consist
of   the   following   members:   the  commissioner  of  environmental
conservation, the secretary of state, the commissioner of commerce and
eight members to be appointed by the governor by and with  the  advice
and  consent  of  the  senate. The governor shall designate a chairman
from among the members appointed to the agency, who shall serve at the
governor`s pleasure. None of the members  appointed  by  the  governor
shall be officers or employees of any state department or agency.
  Five  members appointed by the governor shall be full-time residents
within the Adirondack park provided, however, that no two such members
shall be  residents  of  the  same  county  except  for  such  members
initially   appointed   before   January   first,   nineteen   hundred
seventy-three, who may be reappointed for additional successive terms.
Three members appointed by the governor  shall  be  residents  of  the
state  outside  the  Adirondack  park.  Not  more  than five appointed
members shall be of the same political party.
  All appointments shall be made for terms  of  four  years;  provided
that  the  first  member  appointed  by  the  governor pursuant to the
increase of members from seven to eight shall be appointed for a  term
expiring  on  the thirtieth day of June, nineteen hundred seventy-six.
Each of such appointed members of the agency shall hold office for the
term for which he was appointed and until  his  successor  shall  have
been appointed and qualified or until he shall resign or be removed in
the  manner provided by law. In the case of any vacancy other than one
arising by expiration of term, an  appointment  to  fill  the  vacancy
shall be made for the remainder of the unexpired term.  The designated
chairman  shall  receive  an annual salary of thirty thousand dollars.
The other members of the agency, except those who  serve  ex  officio,
shall  receive  one  hundred  dollars  per  diem,  not  to exceed five
thousand dollars per annum compensation for their services as  members
of  the  agency. All members, except those who serve ex officio, shall
be  allowed  the  necessary  and  actual  expenses  incurred  in   the
performance of duties under this article.
  A  majority  of  the members of the agency shall constitute a quorum
for the transaction of any business or the exercise of  any  power  or
function  of  the  agency  and  affirmative  vote by a majority of the
members of the agency, except as is otherwise specifically provided in
this article, shall be required to exercise any power or  function  of
the  agency.  Votes  of  any member shall be cast in person and not by
proxy.   The agency may delegate  to  one  or  more  of  its  members,
officers,  agents  and  employees,  such powers and duties as it deems
proper.
  The commissioner of environmental conservation and the  commissioner
of  commerce  and  the  secretary  of state may, by official authority
filed in their respective  agencies,  and  with  the  Adirondack  park
agency, designate a deputy or other officer to exercise his powers and
perform his duties, including the right to vote, on the agency.
		[ Top of Page ]
  S 803-a. Adirondack  park  local government review board. 1. For the
purpose of advising  and  assisting  the  Adirondack  park  agency  in
carrying  out  its  functions,  powers  and  duties,  there  is hereby
established the Adirondack park local government  review  board.  Such
board  shall  consist  of  twelve  members,  each  of  whom shall be a
resident of a county wholly or partly within the park.  No  more  than
one member shall be a resident of any single county. Each member shall
be appointed by or in the manner determined by the legislative body of
each such county.
  2.  The  members  of  the review board shall serve for such terms as
shall be determined by their respective  appointing  authorities.  Any
member  of  the  board may, if authorized by his appointing authority,
designate an alternate to serve in his absence.
  3. The review board shall elect, for such term as it may  determine,
a  chairman  from  among  its membership and such other officers as it
deems necessary.
  4. The review board shall meet regularly at least  four  times  each
year.  Special  meetings  may  be  called by the chairman and shall be
called by him at the request of a majority of the review board.
  5. No member of the review board shall be disqualified from  holding
any other office or employment by reason of his appointment hereunder,
notwithstanding the provisions of any general, special or local law.
  6. The members of the review board shall receive no compensation for
their services but their respective appointing authorities may provide
for  payment  of  their  actual and necessary expenses incurred in the
performance of their duties hereunder.
  7. In  addition  to  any  other  functions  or  duties  specifically
required or authorized in this article, the review board shall monitor
the administration and enforcement of the Adirondack park land use and
development   plan   and   periodically   report   thereon,  and  make
recommendations  in  regard  thereto,  to   the   governor   and   the
legislature,  and  to  the  county  legislative  body  of  each of the
counties wholly or partly within the park.
		[ Top of Page ]
  S 804. General  powers  and  duties  of the agency. The agency shall
have the power:
  1. To sue and be sued;
  2. To make and execute contracts and all other instruments necessary
or convenient for the exercise of its powers and functions under  this
article;
  3. To establish and maintain such facilities as may be necessary for
the transacting of its business;
  4. To appoint an executive officer, officers, agents, employees, and
prescribe their duties and qualifications and fix their compensation;
  5.  To  utilize  to  the extent feasible the staff and facilities of
existing state agencies, pursuant to an allocation to be made  by  the
director of the budget;
  6.  To  hold  hearings and subpoena witnesses in the exercise of its
powers, functions and duties provided for by this article;
  7. To contract for professional and technical assistance and advice;
  8. To contract for and to accept any assistance, including  but  not
limited  to  gifts,  grants  or loans of funds or of property from the
federal government or any agency or instrumentality thereof,  or  from
any  agency  or instrumentality of the state, or from any other public
or private source and to comply, subject to  the  provisions  of  this
article,  with  the  terms  and  conditions  thereof,  subject  to the
approval of the director of the budget;
  9. To adopt, amend and repeal, after public hearing (except  in  the
case  of  rules  and  regulations  that  relate to the organization or
internal management  of  the  agency),  such  rules  and  regulations,
consistent with this article, as it deems necessary to administer this
article, and to do any and all things necessary or convenient to carry
out  the  purposes  and  policies  of this article and exercise powers
granted by law; and
  10. To report periodically to the governor and  the  legislature  on
the  conduct  of  its  activities  but  not  less  than  once  a year,
furnishing a copy of each such report  to  the  clerk  of  the  county
legislative  body  of each county wholly or partly within the park and
to the review board.
		[ Top of Page ]
  S 805. Adirondack  park  land use and development plan. 1. Adoption;
status report. a. The Adirondack park land use and development plan is
hereby adopted and shall hereafter serve to guide  land  use  planning
and  development  throughout  the  entire area of the Adirondack park,
except for those lands owned by the state.
  b. The agency shall, in consultation with the Adirondack park  local
government  review board, continually review and evaluate the land use
and development plan as an ongoing planning process in  the  light  of
changing  needs  and  conditions.    The agency shall consult and work
closely with local governments and local, county and regional planning
agencies in this ongoing planning process, particularly as it pertains
to their respective territorial areas and jurisdictions. In  February,
nineteen  hundred seventy-six, the agency shall submit a comprehensive
report to the governor and the legislature, furnishing a copy  thereof
to  the  clerk of the county legislative body of each county wholly or
partly within the park and to the review board concerning  the  status
of this planning process and the administration and enforcement of the
land  use  and development plan, as provided for herein, by the agency
and local governments.
  2. Official Adirondack park land use and development  plan  map.  a.
The  official  Adirondack park land use and development plan map shall
have the land use planning and regulatory effect authorized under this
article.
  b. Within twenty days after  the  enactment  of  this  section,  the
agency   shall   file  the  Official  Adirondack  park  land  use  and
development plan map, as  approved  by  the  agency  on  March  third,
nineteen  hundred  seventy-three,  and  filed  in  the capitol, at its
headquarters and a certified copy thereof with the secretary of  state
and  reasonable facsimiles thereof with the review board and the clerk
of each county and local government wholly  or  partially  within  the
Adirondack  park.  Within  twenty days after any amendment to the plan
map, whether by law or by the agency, except an amendment granting  in
part  a request by the legislative body of a local government pursuant
to subparagraph three of paragraph c of this subdivision,  the  agency
shall  enter  such amendment on the plan map filed at its headquarters
and file a certified copy thereof with the review board  and  each  of
the  state  and  local officers with whom a copy of the plan map is on
file hereunder. The agency shall enter and file amendments granting in
part a request by the legislative body of a local government  pursuant
to  subparagraph  three  of  paragraph c of this subdivision no sooner
than sixty days and no  later  than  ninety  days  after  making  such
amendments.  Such  state and local officers shall enter such amendment
on the plan map on file with them upon receipt of such certified  copy
in   accordance   with  procedures  prescribed  by  the  agency.  Such
amendments shall take effect upon conclusion  of  such  twenty-day  or
ninety-day filing period.
  c.  The  agency may make the following amendments to the plan map in
the following manner: (1) Any amendment to reclassify  land  from  any
land  use  area  to  any  other  land  use  area or areas, if the land
involved is less than twenty-five hundred acres, after public  hearing
thereon  and upon an affirmative vote of two-thirds of its members, at
the request of any owner of record of the  land  involved  or  at  the
request of the legislative body of a local government.
  (2)  Any  amendment to reclassify land from any land use area to any
other land use  area  or  areas  for  which  a  greater  intensity  of
development  is  allowed under the overall intensity guidelines if the
land involved is less than twenty-five  hundred  acres,  after  public
hearing  thereon  and  upon  an  affirmative vote of two-thirds of its
members, on its own initiative.
  (3)  Any  amendment to reclassify land from any land use area to any
other land use area  or  areas,  if  the  reclassification  effects  a
comprehensive review and evaluation of the plan map, at the request of
the legislative body of a local government which has (a) completed and
submitted  to  the  agency  a  current and comprehensive inventory and
analysis of the natural resource, open  space,  public,  economic  and
other  land  use  factors  as  may  reflect  the  relative development
amenability  and  limitations  of  the   lands   within   its   entire
jurisdiction,   and  (b)  formally  adopted  after  public  hearing  a
comprehensive master plan prepared pursuant  to  section  two  hundred
seventy-two-a  of  the  town  law or section 7-722 of the village law,
after public hearing  thereon  and  upon  an  affirmative  vote  of  a
majority of its members. If the agency grants the amendment request in
part,  it  shall  not  enter or file the amendment or amendments for a
period of sixty days thereafter, during  which  time  the  legislative
body of the local government may withdraw its request.
  (4) Any amendment to clarify the boundaries of the land use areas as
shown  on  the  plan  map,  to correct any errors on the map or effect
other technical changes on the map, upon  an  affirmative  vote  of  a
majority  of  its members and without a public hearing thereon, unless
the agency determines that a public hearing is appropriate, on its own
motion or at the request of the legislative body of a local government
or at the request of any owner of record of the land involved.
  (5) Before  making  any  plan  map  amendment,  except  pursuant  to
subparagraph  four  of  this  paragraph, the agency must find that the
reclassification would accurately reflect the legislative findings and
purposes of section eight hundred one of this  article  and  would  be
consistent  with  the  land  use  and  development plan, including the
character description and purposes, policies  and  objectives  of  the
land  use  area  to  which  reclassification  is proposed, taking into
account such existing natural resource, open space,  public,  economic
and  other land use factors and any comprehensive master plans adopted
pursuant to the town or village  law,  as  may  reflect  the  relative
development  amenability  and limitations of the land in question. The
agency`s determination  shall  be  consistent  with  and  reflect  the
regional  nature of the land use and development plan and the regional
scale and approach used in its preparation.
  d. The agency may, after consultation with the Adirondack park local
government review board, recommend to the governor and legislature any
other amendments to the plan map after public hearing thereon and upon
an affirmative vote of a majority of its members.
  e. Upon receipt  of  a  request  to  amend  the  plan  map  or  upon
determining  to  amend the map on its own initiative, the agency shall
provide  notice  of  receipt  of  the  request  or   notice   of   the
determination  and  a  brief description of the amendment requested or
contemplated to the Adirondack park local government review board, the
chairman of the county planning agency, if any, the  chairman  of  the
appropriate regional planning board, and to the chief elected officer,
clerk  and  planning  board  chairman, if any, of the local government
wherein the land is located, and shall invite their comments.
  f. The public hearings required or authorized  in  this  subdivision
shall be held by the agency in each local government wherein such land
is  located  after  not  less  than  fifteen  days  notice  thereof by
publication at least once in a newspaper  of  general  circulation  in
such  local government or local governments, by conspicuous posting of
the land involved, and by individual notice served by  certified  mail
upon each owner of such land to the extent discernible from the latest
completed  tax  assessment  roll  and by mail upon the Adirondack park
local government review board, the persons named  in  paragraph  e  of
this  subdivision,  and  the clerk of any local government within five
hundred feet of the land involved.
  g. The agency shall act upon requests for amendments to the plan map
within one hundred twenty days of receipt of a request  in  such  form
and  manner as it shall prescribe; provided, however, that in the case
of requests concerning which it determines to hold a  public  hearing,
it  shall,  within ninety days of receipt of the request, schedule the
hearing and shall act within sixty days of the close of  the  hearing.
In the case of a request received when snow cover or ground conditions
prevent  such  field investigation as is necessary to act with respect
to the request, or in the case of  a  request  or  series  of  related
requests  exceeding  five  hundred  acres,  the  time  periods  herein
provided shall be extended an additional ninety days or until adequate
field inspection is possible, whichever is the lesser period.  Any  of
the time periods specified in this paragraph may be waived or extended
for  good cause by written request of the applicant and consent of the
agency or by  written  request  of  the  agency  and  consent  by  the
applicant.
  3.  Land  use  areas: character descriptions, and purposes, policies
and  objectives;  overall  intensity  guidelines;  classification   of
compatible  uses lists.  a.  The primary uses on the classification of
compatible uses list for each land use area except  hamlet  areas,  as
set  forth  in  this  subdivision, are those uses generally considered
compatible with the character, purposes, policies  and  objectives  of
such  land  use  area, so long as they are in keeping with the overall
intensity guideline for such area. The secondary uses on such list are
those which are generally compatible with  such  area  depending  upon
their  particular  location and impact upon nearby uses and conformity
with the overall intensity guideline for such area.
  b. The classification of compatible uses lists  shall  also  include
any  additions  thereto  by agency amendment pursuant to this section,
and the agency may, after consultation with the Adirondack park  local
government   review  board,  recommend  subtractions  thereto  to  the
governor and legislature upon an affirmative vote of a majority of its
members and after public hearing thereon. The  agency  may  amend  the
classification  of  compatible  uses  lists  to make additions thereto
after  public  hearing  thereon  and  upon  an  affirmative  vote   of
two-thirds of its members. A certified copy of the agency`s resolution
adopting  such  amendment  shall,  within  twenty  days after adoption
thereof, be filed  by  the  agency  with  the  Adirondack  park  local
government  review  board  and  the same state and local officers with
whom the plan map is  required  to  be  filed  under  paragraph  b  of
subdivision  two  and with the legislature. Such amendments shall take
effect upon conclusion of such twenty-day filing  period.  The  public
hearings authorized or required in this paragraph shall be held in any
county  wholly  or partially within the Adirondack park after not less
than fifteen days notice thereof by publication at  least  once  in  a
newspaper  of  general  circulation in each county wholly or partially
within the park and in at least three metropolitan areas of the state,
and individual notice served by mail upon:
  (1)  the  chairman  of  the planning board, if any, and the clerk of
each local government, and the chairman of the county planning agency,
if any, and the clerk of each county, wholly or partially  within  the
park;
  (2) the chairman of each regional planning agency whose jurisdiction
is wholly or partially within the park; and
  (3) the Adirondack park local government review board.
  c. Hamlet areas. (1) Character description. Hamlet areas, delineated
in  brown  on  the plan map, range from large, varied communities that
contain a sizeable permanent, seasonal and transient populations  with
a  great  diversity of residential, commercial, tourist and industrial
development and a high level of public  services  and  facilities,  to
smaller, less varied communities with a lesser degree and diversity of
development  and  a  generally  lower  level  of  public  services and
facilities.
  (2) Purposes, policies and objectives. Hamlet areas  will  serve  as
the  service  and  growth  centers  in  the park. They are intended to
accommodate a large portion of the necessary and natural expansion  of
the  park`s  housing,  commercial  and industrial activities. In these
areas, a wide variety of housing, commercial, recreational, social and
professional needs of the park`s  permanent,  seasonal  and  transient
populations  will  be  met. The building intensities that may occur in
such areas will allow  a  high  and  desirable  level  of  public  and
institutional  services  to be economically feasible. Because a hamlet
is concentrated in character  and  located  in  areas  where  existing
development  patterns indicate the demand for and viability of service
and growth centers, these areas will discourage the haphazard location
and dispersion of intense building  development  in  the  park`s  open
space  areas.  These  areas  will continue to provide services to park
residents and visitors and, in conjunction with other land  use  areas
and  activities  on  both  private  and  public  land,  will provide a
diversity of land uses that will satisfy the needs of a  wide  variety
of people.
  The  delineation  of  hamlet  areas  on  the plan map is designed to
provide reasonable expansion areas for the existing hamlets, where the
surrounding resources permit such expansion. Local  government  should
take  the  initiative  in  suggesting  appropriate  expansions  of the
presently delineated hamlet boundaries, both prior to and at the  time
of enactment of local land use programs.
  (3) All land uses and development are considered compatible with the
character, purposes and objectives of hamlet areas.
  (4) No overall intensity guideline is applicable to hamlet areas.
  d. Moderate intensity use area. (1) Character description.  Moderate
intensity  use  areas,  delineated  in  red on the plan map, are those
areas  where  the  capability  of  the  natural  resources   and   the
anticipated  need  for  future  development  indicate  that relatively
intense development, primarily residential in character, is  possible,
desirable  and  suitable.    These areas are primarily located near or
adjacent to hamlets to provide for  residential  expansion.  They  are
also  located  along  highways or accessible shorelines where existing
development has established the character of the area.
  Those areas identified as moderate intensity  use  where  relatively
intense development does not already exist are generally characterized
by  deep  soils  on  moderate  slopes  and  are  readily accessible to
existing hamlets.
  (2)  Purposes, policies and objectives. Moderate intensity use areas
will provide for development opportunities in areas where  development
will  not  significantly  harm  the  relatively  tolerant physical and
biological  resources.  These  areas  are  designed  to  provide   for
residential  expansion  and  growth and to accommodate uses related to
residential uses in the vicinity of hamlets where  community  services
can  most  readily  and  economically be provided. Such growth and the
services related to it will generally be at less intense  levels  than
in hamlet areas.
  (3)  Guidelines  for  overall  intensity of development. The overall
intensity of development for land located in  any  moderate  intensity
use  area  should  not  exceed  approximately  five  hundred principal
buildings per square mile.
  (4) Classification of compatible uses:
  Primary uses in moderate intensity use areas:
  1. Single family dwellings.
  2. Individual mobile homes.
  3. Open space recreation uses.
  4. Agricultural uses.
  5. Agricultural use structures.
  6. Forestry uses.
  7. Forestry use structures.
  8. Hunting and fishing cabins and  hunting  and  fishing  and  other
private club structures.
  9. Game preserves and private parks.
  10. Cemeteries.
  11. Private roads.
  12. Private sand and gravel extractions.
  13. Public utility uses.
  14.  Accessory  uses  and  structures  to  any  use  classified as a
compatible use.
  Secondary uses in moderate intensity use areas:
  1. Multiple family dwellings.
  2. Mobile home courts.
  3. Public and semi-public buildings.
  4. Municipal roads.
  5. Agricultural service uses.
  6. Commercial uses.
  7. Tourist accommodations.
  8. Tourist attractions.
  9. Marinas, boatyards and boat launching sites.
  10. Campgrounds.
  11. Group camps.
  12. Golf courses.
  13. Ski centers.
  14. Commercial seaplane bases.
  15. Commercial or private airports.
  16. Sawmills, chipping mills, pallet mills and  similar  wood  using
facilities.
  17. Commercial sand and gravel extractions.
  18. Mineral extractions.
  19. Mineral extraction structures.
  20. Watershed management and flood control projects.
  21. Sewage treatment plants.
  22. Major public utility uses.
  23. Industrial uses.
  e. Low intensity use areas. (1) Character description. Low intensity
use  areas,  delineated  in  orange on the plan map, are those readily
accessible areas, normally within reasonable proximity  to  a  hamlet,
where  the  physical  and biological resources are fairly tolerant and
can withstand development at an intensity somewhat lower than found in
hamlets and moderate intensity use areas.   While  these  areas  often
exhibit   wide   variability  in  the  land`s  capability  to  support
development, they are generally areas with fairly deep soils, moderate
slopes and no large acreages of critical biological importance.  Where
these  areas  are adjacent to or near hamlets, clustering homes on the
most developable portions of these areas makes possible  a  relatively
high level of residential units and local services.
  (2)  Purposes, policies and objectives. The purpose of low intensity
use areas is to provide for development opportunities at  levels  that
will  protect  the  physical  and  biological  resources,  while still
providing for orderly growth  and  development  of  the  park.  It  is
anticipated that these areas will primarily be used to provide housing
development opportunities not only for park residents but also for the
growing  seasonal  home market. In addition, services and uses related
to residential uses may be  located  at  a  lower  intensity  than  in
hamlets or moderate intensity use areas.
  (3)  Guidelines  for  overall  intensity of development. The overall
intensity of development for land located in  any  low  intensity  use
area  should  not exceed approximately two hundred principal buildings
per square mile.
  (4) Classification of compatible uses:
  Primary uses in low intensity use areas:
  1. Single family dwellings.
  2. Individual mobile homes.
  3. Open space recreation uses.
  4. Agricultural uses.
  5. Agricultural use structures.
  6. Forestry uses.
  7. Forestry use structures.
  8. Hunting and fishing cabins and  hunting  and  fishing  and  other
private club structures.
  9. Game preserves and private parks.
  10. Private roads.
  11. Cemeteries.
  12. Private sand and gravel extractions.
  13. Public utility uses.
  14.  Accessory  uses  and  structures  to  any  use  classified as a
compatible use.
  Secondary uses in low intensity use areas:
  1. Multiple family dwellings.
  2. Mobile home courts.
  3. Public and semi-public buildings.
  4. Municipal roads.
  5. Agricultural service uses.
  6. Commercial uses.
  7. Tourist accommodations.
  8. Tourist attractions.
  9. Marinas, boatyards and boat launching sites.
  10. Golf courses.
  11. Campgrounds.
  12. Group camps.
  13. Ski centers.
  14. Commercial seaplane bases.
  15. Commercial or private airports.
  16.  Sawmills,  chipping  mills, pallet mills and similar wood using
facilities.
  17. Commercial sand and gravel extractions.
  18. Mineral extractions.
  19. Mineral extraction structures.
  20. Watershed management and flood control projects.
  21. Sewage treatment plants.
  22. Waste disposal areas.
  23. Junkyards.
  24. Major public utility uses.
  25. Industrial uses.
  f. Rural use areas. (1)  Character  description.  Rural  use  areas,
delineated  in  yellow  on the plan map, are those areas where natural
resource limitations  and  public  considerations  necessitate  fairly
stringent  development constraints.   These areas are characterized by
substantial acreages of one or more of the following:  fairly  shallow
soils,   relatively  severe  slopes,  significant  ecotones,  critical
wildlife habitats, proximity to scenic vistas or key public lands.  In
addition, these areas are frequently remote from existing hamlet areas
or are not readily accessible.
  Consequently,  these  areas  are  characterized  by  a  low level of
development and variety of rural uses that  are  generally  compatible
with the protection of the relatively intolerant natural resources and
the  preservation  of  open  space.    These  areas  and  the resource
management areas provide the  essential  open  space  atmosphere  that
characterizes the park.
  (2)  Purposes,  policies  and  objectives.  The  basic  purpose  and
objective of rural use areas is to provide  for  and  encourage  those
rural land uses that are consistent and compatible with the relatively
low  tolerance of the areas` natural resources and the preservation of
the open spaces that are essential and basic to the  unique  character
of  the park. Another objective of rural use areas is to prevent strip
development along major travel  corridors  in  order  to  enhance  the
aesthetic  and  economic  benefit derived from a park atmosphere along
these corridors.
  Residential development and  related  development  and  uses  should
occur  on  large  lots  or  in  relatively small clusters on carefully
selected and well  designed  sites.  This  will  provide  for  further
diversity  in residential and related development opportunities in the
park.
  (3) Guideline for overall  intensity  of  development.  The  overall
intensity of development for land located in any rural use area should
not  exceed  approximately seventy-five principal buildings per square
mile.
  (4) Classification of compatible uses.
  Primary uses in rural use areas:
  1. Single family dwellings.
  2. Individual mobile homes.
  3. Open space recreation uses.
  4. Agricultural uses.
  5. Agricultural use structures.
  6. Forestry uses.
  7. Forestry use structures.
  8.  Hunting  and  fishing  cabins  and hunting and fishing and other
private club structures.
  9. Game preserves and private parks.
  10. Cemeteries.
  11. Private roads.
  12. Private sand and gravel extractions.
  13. Public utility uses.
  14. Accessory uses  and  structures  to  any  use  classified  as  a
compatible use.
  Secondary uses in rural use areas:
  1. Multiple family dwellings.
  2. Mobile home courts.
  3. Public and semi-public buildings.
  4. Municipal roads.
  5. Agricultural service uses.
  6. Commercial uses.
  7. Tourist accommodations.
  8. Marinas, boatyards and boat launching sites.
  9. Golf courses.
  10. Campgrounds.
  11. Group camps.
  12. Ski centers.
  13. Commercial seaplane bases.
  14. Commercial or private airports.
  15.  Sawmills,  chipping  mills, pallet mills and similar wood using
facilities.
  16. Commercial sand and gravel extractions.
  17. Mineral extractions.
  18. Mineral extraction structures.
  19. Watershed management and flood control projects.
  20. Sewage treatment plants.
  21. Waste disposal areas.
  22. Junkyards.
  23. Major public utility uses.
  24. Industrial uses.
  g. Resource management areas. (1)  Character  description.  Resource
management areas, delineated in green on the plan map, are those lands
where  the  need  to protect, manage and enhance forest, agricultural,
recreational and open  space  resources  is  of  paramount  importance
because of overriding natural resource and public considerations. Open
space  uses, including forest management, agriculture and recreational
activities, are found throughout these areas.
  Many resource management  areas  are  characterized  by  substantial
acreages  of  one  or  more  of  the  following: shallow soils, severe
slopes, elevations of over twenty-five  hundred  feet,  flood  plains,
proximity  to  designated or proposed wild or scenic rivers, wetlands,
critical wildlife habitats or habitats of rare  and  endangered  plant
and animal species.
  Other  resource  management  areas  include  extensive  tracts under
active forest management that are vital to the wood using industry and
necessary to insure its raw material needs.
  Important  and  viable  agricultural  areas are included in resource
management areas, with many farms exhibiting a high level  of  capital
investment   for   agricultural   buildings   and   equipment.   These
agricultural areas are of considerable economic importance to segments
of the park and provide for a type of open space which  is  compatible
with the park`s character.
  (2)  Purposes,  policies  and  objectives.  The  basic  purposes and
objectives of resource management areas are to  protect  the  delicate
physical  and  biological  resources,  encourage  proper  and economic
management of forest,  agricultural  and  recreational  resources  and
preserve  the  open  spaces that are essential and basic to the unique
character of the park. Another objective of these areas is to  prevent
strip development along major travel corridors in order to enhance the
aesthetic  and  economic benefits derived from a park atmosphere along
these corridors.
  Finally,  resource  management  areas  will  allow  for  residential
development  on substantial acreages or in small clusters on carefully
selected and well designed sites.
  (3) Guidelines for overall intensity  of  development.  The  overall
intensity  of  development for land located in any resource management
area should not exceed approximately fifteen principal  buildings  per
square mile.
  (4) Classification of compatible uses.
  Primary uses in resource management areas:
  1. Agricultural uses.
  2. Agricultural use structures.
  3. Open space recreation uses.
  4. Forestry uses.
  5. Forestry use structures.
  6. Game preserves and private parks.
  7. Private roads.
  8. Private sand and gravel extractions.
  9. Public utility uses.
  10.  Hunting  and  fishing  cabins and hunting and fishing and other
private club structures involving less than five hundred  square  feet
of floor space.
  11.  Accessory  uses  and  structures  to  any  use  classified as a
compatible use.
  Secondary uses in resource management areas:
  1. Single family dwellings.
  2. Individual mobile homes.
  3. Hunting and fishing cabins and  hunting  and  fishing  and  other
private  club structures involving five hundred square feet or more of
floor space.
  4. Campgrounds.
  5. Group camps.
  6. Ski centers and related tourist accommodations.
  7. Agricultural service uses.
  8. Sawmills, chipping mills, pallet mills  and  similar  wood  using
facilities.
  9. Commercial sand and gravel extractions.
  10. Mineral extractions.
  11. Mineral extraction structures.
  12. Watershed management and flood control projects.
  13. Sewage treatment plants.
  14. Major public utility uses.
  15. Municipal roads.
  16. Golf courses.
  h.  Industrial  use areas. (1) Character description. Industrial use
areas, delineated in purple on the plan map, include those areas  that
are  substantial  in  size and located outside of hamlet areas and are
areas (1) where existing land uses are predominantly of an  industrial
or  mineral  extraction  nature  or  (2) identified by local and state
officials as having potential for new industrial development.
  (2) Purposes, policies and objectives.  Industrial  use  areas  will
encourage  the  continued  operation  of major existing industrial and
mineral extraction uses important to the  economy  of  the  Adirondack
region  and  will  provide  suitable  locations for new industrial and
mineral extraction activities that  may  contribute  to  the  economic
growth  of  the  park without detracting from its character. Land uses
that might conflict with existing or potential industrial  or  mineral
extraction uses are discouraged in industrial use areas.
  (3) Classification of compatible uses.
  Primary uses in industrial use areas:
  1. Industrial uses.
  2. Mineral extractions.
  3. Mineral extraction structures.
  4. Private sand and gravel extractions.
  5. Commercial sand and gravel extractions.
  6.  Sawmills,  chipping  mills,  pallet mills and similar wood using
facilities.
  7. Forestry uses.
  8. Forestry use structures.
  9. Agricultural uses.
  10. Agricultural use structures.
  11. Private roads.
  12. Open space recreation uses.
  13. Hunting and fishing cabins and hunting  and  fishing  and  other
private club structures.
  14. Public utility uses.
  15. Major public utility uses.
  16.  Accessory  uses  and  structures  to  any  use  classified as a
compatible use.
  Secondary uses in industrial use areas:
  1. Commercial uses.
  2. Agricultural service uses.
  3. Public and semi-public buildings.
  4. Municipal roads.
  5. Sewage treatment plants.
  6. Waste disposal areas.
  7. Junkyards.
  (4) No overall intensity guideline is applicable to  industrial  use
areas.
  4. Development considerations. The following are those factors which
relate  to  potential  for  adverse  impact  upon  the park`s natural,
scenic, aesthetic, ecological,  wildlife,  historic,  recreational  or
open  space  resources  and  which shall be considered, as provided in
this article, before any significant new land use  or  development  or
subdivision  of  land  is  undertaken  in  the park. Any burden on the
public in providing facilities and services  made  necessary  by  such
land  use  and  development or subdivision of land shall also be taken
into account, as well  as  any  commercial,  industrial,  residential,
recreational or other benefits which might be derived therefrom:
  a. Natural resource considerations.
  (1) Water
  (a) Existing water quality.
  (b) Natural sedimentation of siltation.
  (c) Eutrophication.
  (d) Existing drainage and runoff patterns.
  (e) Existing flow characteristics.
  (f) Existing water table and rates of recharge.
  (2) Land
  (a) Existing topography.
  (b) Erosion and slippage.
  (c) Floodplain and flood hazard.
  (d) Mineral resources.
  (e) Viable agricultural soils.
  (f) Forest resources.
  (g) Open space resources.
  (h) Vegetative cover.
  (i)  The  quality  and availability of land for outdoor recreational
purposes.
  (3) Air
  (a) Air quality.
  (4) Noise
  (a) Noise levels.
  (5) Critical resource areas
  (a) Rivers and corridors of rivers designated to be studied as wild,
scenic  or  recreational  in   accordance   with   the   environmental
conservation law.
  (b) Rare plant communities.
  (c)  Habitats  of  rare  and  endangered  species  and  key wildlife
habitats.
  (d) Alpine and subalpine life zones.
  (e) Wetlands.
  (f) Elevations of twenty-five hundred feet or more.
  (g) Unique features,  including  gorges,  waterfalls,  and  geologic
formations.
  (6) Wildlife
  (a) Fish and wildlife.
  (7) Aesthetics
  (a) Scenic vistas.
  (b) Natural and man-made travel corridors.
  b. Historic site considerations.
  (1) Historic factors
  (a) Historic sites or structures.
  c. Site development considerations.
  (1) Natural site factors
  (a) Geology.
  (b) Slopes.
  (c) Soil characteristics.
  (d) Depth to ground water and other hydrological factors.
  (2) Other site factors
  (a) Adjoining and nearby land uses.
  (b) Adequacy of site facilities.
  d. Governmental considerations.
  (1) Governmental service and finance factors
  (a) Ability of government to provide facilities and services.
  (b)  Municipal, school or special district taxes or special district
user charges.
  e. Governmental review considerations.
  (1) Governmental control factors
		[ Top of Page ]
  S 806. Shoreline   restrictions.  1.  In  order  to  provide  adequate
protection of the quality of the lakes, ponds, rivers and streams of the
park and the qualities of their shorelines, no  person  shall  undertake
any new land use or development or subdivision of land that involves any
shoreline  within the park, except in compliance, at a minimum, with the
following restrictions. In addition, compliance with these  restrictions
shall  be  required  by  the  agency  in its review of any project under
section eight hundred nine and, at a minimum, by any local government in
the adoption and enforcement of a local land use program. All  distances
contained  in these restrictions shall be measured horizontally. For the
purpose of this section, any lot, parcel or site that adjoins  a  shore-
line,  includes  a  shoreline  or, in whole or in part, is located at or
within the minimum set back requirement as provided in subparagraph  two
of  paragraph  a of this subdivision, and any land use or development on
such a lot, parcel or site, shall be deemed to involve that shoreline.
  a. In the case of the shorelines of all lakes and ponds and the shore-
lines of any river designated to be studied as a wild, scenic or  recre-
ational  river  in accordance with the environmental conservation law or
any river or stream navigable by boat, including  canoe,  the  following
restrictions shall apply:
  (1)  The  minimum  lot width measured along the shoreline for each one
family residential structure shall be fifty feet in  hamlet  areas,  one
hundred  feet  in  moderate intensity use areas, one hundred twenty-five
feet in low intensity use areas, one hundred fifty  feet  in  rural  use
areas,  and two hundred feet in resource management areas; provided that
the minimum lot width for a lot not  adjoining  or  including  shoreline
which  is  deemed  to involve shoreline for the purposes of this section
may be measured lateral to the shoreline at any point on the lot.  Noth-
ing  herein  shall  be deemed to preclude the application of appropriate
shoreline restrictions to new uses other  than  one  family  residential
structures  subject  to  project  review by the agency or to an approved
local land use program.
  (2) The minimum setback  of  all  principal  buildings  and  accessory
structures  in  excess  of  one hundred square feet, other than docks or
boathouses, from the mean high-water mark shall be fifty feet in  hamlet
areas  and moderate intensity use areas, seventy-five feet in low inten-
sity and rural use areas, and one hundred feet  in  resource  management
areas.
  (3)  The removal of vegetation, including trees, shall be permitted on
shorefront lots provided the following standards are met:
  (a) Within thirty-five feet of the mean high-water mark not more  than
thirty  percent  of the trees in excess of six inches diameter at breast
height existing at any time may be cut over any ten-year period.
  (b) Within six feet of the mean high-water mark no vegetation  may  be
removed, except that up to a maximum of thirty percent of the shorefront
may be cleared of vegetation on any individual lot. This provision shall
be adhered to in addition to (a) above.
  (c)  The  above  cutting  standards shall not be deemed to prevent the
removal of diseased vegetation or of rotten or damaged trees or of other
vegetation that present safety or health hazards.
  (4) The following minimum shoreline frontages shall be required in all
land use areas for deeded or  contractual  access  to  all  such  lakes,
ponds,  rivers  or  streams  for  five or more lots, parcels or sites or
multiple family dwelling units not having separate and  distinct  owner-
ship of shore frontage:
  (a)  Where  five  to twenty lots or multiple family dwelling units are
involved, a total of not less than one hundred feet.
  (b) Where more than twenty and not  more  than  one  hundred  lots  or
multiple  dwelling  units are involved, a minimum of three feet for each
additional lot or multiple dwelling unit in excess of twenty.
  (c)  Where  more  than one hundred and not more than one hundred fifty
lots or multiple dwelling units are involved, a minimum of two feet  for
each additional lot or multiple dwelling unit in excess of one hundred.
  (d)  Where more than one hundred fifty lots or multiple dwelling units
are involved, a minimum of one foot for each additional lot or  multiple
dwelling unit in excess of one hundred fifty.
  b.  In  the  case of all lakes, ponds, rivers and streams, the minimum
setback of any on-site sewage drainage field or seepage pit shall be one
hundred feet from the mean high-water mark in all land use areas.
  2. In all of the above restrictions, the term "mean  high-water  mark"
shall  mean  the  spillway  elevation contour, which is at seven hundred
seventy-one feet elevation above mean  sea  level,  whenever  the  Great
Sacandaga Lake is involved.
  3.  a.  Any  person  seeking  a variance from the strict letter of the
shoreline restrictions in connection with any new land use  or  develop-
ment  or  subdivision  of land proposed to be located in a land use area
governed by an approved local land use program  shall  make  application
therefor to the local government as provided in such approved local land
use  program.  If a person is seeking such a variance in a land use area
not governed by an approved local land use program, he shall make appli-
cation therefor to the agency whether or  not  the  agency  has  project
review  jurisdiction over the new land use or development or subdivision
of land involved.  Upon such application, and after public hearing ther-
eon, the local government or the agency shall, where there are practical
difficulties or unnecessary hardships in the way  of  carrying  out  the
strict  letter of the restrictions, have authority to vary or modify the
application of such restrictions relating to the  use,  construction  or
alteration  of  buildings or structures, or the use of land, so that the
spirit of such restrictions shall be observed, public safety and welfare
secured and substantial justice done.
  b. The local government shall act upon any application  to  it  within
the  time  provided  for in its local land use program. The agency shall
act upon any application to  it  which  is  associated  with  a  project
subject to its review jurisdiction within the period provided in section
eight  hundred  nine.  In  the case of any other application, the agency
shall schedule a public hearing within fifteen days  of  receipt  of  an
application  in  such  form and manner as it shall prescribe. The public
hearing shall be commenced within thirty days of the date it  is  sched-
uled. The agency shall act upon a variance application within forty-five
days  of the receipt by the agency of a complete record, as that term is
defined in paragraphs (a) through (e)  of  subdivision  one  of  section
three hundred two of the state administrative procedure act.
  4.  The  shoreline  restrictions shall not apply to any emergency land
use or development which is immediately necessary for the protection  of
life  or  property as defined by the agency in its rules and regulations
governing its procedures to review projects  as  authorized  in  section
eight hundred nine.
  5.  In  order to encourage clustering of buildings and the maintenance
of undeveloped shorelines, as an alternative to minimum  lot  widths  of
the  shoreline  restriction, shoreline development may take place in the
following land use areas upon the following approximate overall intensi-
ties of principal buildings (other than boathouses) per linear  mile  of
shoreline or proportionate fraction thereof:
                                           Principal Buildings
  Land Use Areas                             Per Linear Mile
  Hamlet ............................................... 106
  Moderate Intensity .................................... 53
  Low Intensity ......................................... 42
  Rural Use ............................................. 36
  Resource Management ................................... 26
  This alternative method of cluster shoreline development shall only be
employed  where  a  single  ownership  or  a group of two or more owners
acting in concert is involved. In addition, approval of this  method  of
development  must carry with it provisions, whether by deed restriction,
restrictive covenant or other similar appropriate means, to  insure  the
retention  in open space of the undeveloped portions of shoreline devel-
oped on a cluster basis. The agency, within its project review jurisdic-
tion, or a local government under an approved local  land  use  program,
may  apply  these  optional shoreline clustering provisions.  Any person
proposing to undertake new land use or  development  or  subdivision  of
land  in  a  land  use  area  not governed by an approved local land use
program and that is not subject to the agency`s project review jurisdic-
tion, may apply to the agency for a permit to  employ  such  alternative
method and the agency shall have authority to grant such a permit if the
above  required  terms and conditions are met. The agency shall act upon
such application within thirty days after receipt thereof.
		[ Top of Page ]
  S 807. Local  land  use  programs.  1.  The  agency is authorized to
review and approve any local land use  program  proposed  by  a  local
government and formally submitted by the legislative body of the local
government  to the agency for approval. Within a period of ninety days
after such submission, or such longer period as may be agreed upon  in
writing  by  the  agency  and  the  local government, the agency shall
review the local land use program and approve  or  disapprove  it,  or
approve  it  subject to conditions. The agency shall approve the local
land use program if the agency determines that such program meets  all
of  the  criteria set forth in subdivision two. If the agency fails to
take final action on the local land use program within such ninety-day
or longer period agreed upon by the agency and local  government,  the
local  land use program shall be deemed approved by the agency and the
agency shall, upon the request of the legislative body  of  the  local
government, issue a certification to such effect to such chief elected
official. Amendments to an approved local land use program that do not
relate  or  pertain  to  the criteria for approval of a local land use
program set forth in subdivision two of section  eight  hundred  seven
shall  not  be subject to approval by the agency. All amendments to an
approved local land use program that do relate to such criteria  shall
be  subject  to approval by the agency as set forth in subdivision two
of section eight hundred seven for approval of an initial  local  land
use program.
  2.  The  agency shall approve a local land use program if the agency
determines that such program meets all of the following  criteria:  a.
It  is  in  furtherance and supportive of the land use and development
plan.
  b. It is compatible with the character  descriptions  and  purposes,
policies  and  objectives of the land use areas, and, in regard to its
map, compatible with the plan map.
  c. It reasonably applies the overall intensity  guidelines  for  the
land  use areas in the light of the particular needs and conditions of
the local government.  In applying the overall intensity guideline for
a given land use area, the local land use program may provide for both
greater and lesser intensity of development within such area  provided
that  the  overall  intensity  shall  not exceed such guideline. In no
event, however, shall bodies of water, such as lakes or ponds, located
in a land use area be taken into account in  the  application  of  the
overall  intensity guideline for such area. The local land use program
may disregard principal buildings in existence on August one, nineteen
hundred seventy-three in applying the overall intensity guidelines for
a land use area.  If it does so, the land  directly  related  to  such
principal  buildings shall not be used in the computation of the total
land area available for new principal buildings. The  local  land  use
program may be more restrictive than the overall intensity guidelines.
  d. It reasonably applies the classification of compatible uses lists
in  the  light  of  the  needs and conditions of the local government.
Accordingly, the local land use program may include uses not on  these
lists  or  exclude those that are on them, reclassify those classified
on such lists as primary uses to secondary uses and  those  classified
on  such  lists  as secondary uses to primary uses, or prohibit any of
the uses on such lists.
  e. It incorporates at a minimum the shoreline restrictions  as  they
relate to any shoreline within the local government. As an alternative
to  minimum lot sizes on shorelines, the optional shoreline clustering
provisions contained in subdivision five of section eight hundred  six
may  be employed in regard to all or specified portions of a shoreline
in single ownerships or in situations involving a group of two or more
owners acting in concert.
  f. It requires review of class B regional projects and provides that
any  such  project  shall  not be approved unless the local government
body or officer having jurisdiction under the program determines  that
the  undertaking or continuance of such project will not have an undue
adverse  impact  upon  the  natural,  scenic,  aesthetic,  ecological,
wildlife,  historic,  recreational or open space resources of the park
or upon the ability of the public to provide supporting facilities and
services made necessary  by  the  project,  taking  into  account  the
commercial,  industrial,  residential,  recreational or other benefits
that might be derived from the project. In making this  determination,
as  to  the  impact of the project upon the resources of the park, the
local government body or officer having jurisdiction shall be required
under  the  local  land  use  program   to   apply   the   development
considerations.  The  local  land  use  program  may  expand  upon the
development considerations, but shall not eliminate any of  them.  The
local  land  use  program  shall include a provision to insure that no
class B regional project shall  be  disapproved  except  after  public
hearing thereon.
  g.   It   contains   adequate   authority   and  provision  for  its
administration and  enforcement,  including,  at  the  option  of  the
legislative  body  of  the local government, authority to regulate any
pre-existing land use or  development,  or  any  prefiled  subdivision
plat.  The  source  of such authority shall be the municipal home rule
law or any other applicable state enabling  law.  Notwithstanding  any
general or special law to the contrary, a local government may provide
in  its  local  land  use  program, if such program is approved by the
agency,  for  planning  board  action  without  public   hearings   on
subdivision  plats  of less than five lots, parcels or sites, provided
that no such provision may authorize the planning board to  disapprove
any  subdivision plat without having first conducted a public hearing,
as required by law. In addition,  the  legislative  body  of  a  local
government  may include in its local land use program, if such program
is approved by the agency, and to the extent  permissible  within  the
proper  exercise  of  the  police  power,  such  procedures  as may be
necessary and appropriate for the review of class B regional  projects
as  required  in  paragraph  f of this subdivision, and, in connection
with the granting of a permit for  such  projects:  (1)  authority  to
require  restriction  of land against further development of principal
buildings, whether by deed restriction, restrictive covenant or  other
similar  appropriate  means,  to  ensure  that  the  overall intensity
guidelines  as  applied  in  the  local  land  use  program  shall  be
respected; and
  (2)  authority, to the extent otherwise authorized by law, to impose
reasonable requirements and conditions  to  insure  that  an  approved
class  B regional project will be adequately supported by services and
improvements made necessary by such project and to insure that such  a
project shall be completed in accordance with the terms and conditions
of the approval.
  3.  The  agency  may  separately  review and approve, disapprove, or
approve subject to conditions, significant components of a local  land
use  program  which  relate  or  pertain  to  the  entire  territorial
jurisdiction  of  a  local  government,  if  proposed  by  the   local
government and formally submitted by its legislative body.  The agency
shall  approve  such  components  if  the  agency determines that such
criteria  of  subdivision  two of this section as shall be relevant to
each such component are met. Provided, however,  that  the  separately
approved components of a local land use program shall not be deemed an
approved  local  land  use  program  for the purposes of this section,
section eight hundred eight or section  eight  hundred  nine  of  this
article,  unless and until all of the components of the local land use
program shall have  been  approved  pursuant  to  the  terms  of  this
subdivision  or  subdivision four of this section. Each such component
shall be reviewed and acted upon in accordance with the procedures and
within the time periods specified in subdivision one of  this  section
relative to review of local land use programs.
  4. The agency may review and approve, disapprove, or approve subject
to  conditions,  an  industrial  site  plan  review  law or ordinance,
whether or not submitted as a component of a local land  use  program,
if  proposed  by  a  local  government  and  formally submitted by its
legislative body. The agency shall approve such law  or  ordinance  if
the  agency  determines  that such criteria of subdivision two of this
section as shall be relevant  to  industrial  uses  and  to  sawmills,
chipping  mills,  pallet  mills  and similar wood using facilities are
met. Such law or ordinance shall provide for the review of  such  uses
and  facilities  pursuant  to the criteria and procedures set forth in
paragraph f of subdivision two of this  section.  Notwithstanding  any
general  or  special  law to the contrary, such law or ordinance shall
relate and pertain to not more than two particular sites totalling one
hundred acres or less, identified by  the  local  government  after  a
comprehensive  study  of  the  entire area within its jurisdiction, as
appropriate for industrial uses and wood using  facilities;  provided,
however,  that  no such site shall be located in a resource management
area and no such site may be located in a rural use area  remote  from
existing  hamlet  areas,  or along major travel corridors where a park
atmosphere prevails. Upon approval, or approval subject to  conditions
by  the  agency,  and  upon valid enactment or adoption of such law or
ordinance, the authority of the agency over such uses  and  facilities
pursuant  to sections eight hundred six and eight hundred nine of this
article shall be vested in the local government, whether or  not  such
uses  are  class A regional projects. Such laws or ordinances shall be
reviewed and acted upon in accordance with the procedures  and  within
the time periods specified in subdivision one of this section relative
to  review  of local land use programs. Section eight hundred eight of
this article shall govern the administration and enforcement  of  such
laws or ordinances.
  5.  The agency may review and approve, disapprove or approve subject
to conditions, a local land use  program  insofar  as  it  relates  or
pertains  to  one  or  more  land  use  areas  within  the territorial
jurisdiction of the local government  which  in  the  aggregate  is  a
significant  geographical  portion  of the territorial jurisdiction of
the local government, if proposed by the local government and formally
submitted by its legislative  body.  The  agency  shall  approve  such
program  if the agency determines that all criteria of subdivision two
of this section are met with respect to such geographical portion.  If
approved,  or  approved  subject  to  conditions  by  the agency, such
validly enacted or adopted program, insofar as  it  pertains  to  such
geographical  portion,  shall  be  deemed  an  approved local land use
program with respect to such geographical portion in  accordance  with
the  terms  and  conditions of such approval, for the purposes of this
section, section eight hundred eight and section eight hundred nine of
this  article.  Provided,  that  nothing contained in this subdivision
shall supercede or be construed in derogation of  the  provisions  and
requirements  of  the town law and village law otherwise applicable to
the valid enactment or adoption of such program. The program,  insofar
as  it  pertains  to  such geographical portion, shall be reviewed and
acted upon in accordance with  the  procedures  and  within  the  time
periods  specified  in  subdivision  one  of  this section relative to
review of local land use programs.
  6. The agency shall, in its  review  of  local  land  use  programs,
consult   with   appropriate   public   agencies,  and  shall  provide
opportunity for the Adirondack park local government review board  and
the  appropriate  county  and regional planning agencies to review and
comment on such programs under review.
  7. The agency shall encourage and assist local  governments  in  the
preparation  of  local  land  use programs, including the provision of
data, technical assistance and model provisions. Such model provisions
shall be made available by the agency as soon as  possible  after  the
effective date of the adoption of the land use and development plan.
		[ Top of Page ]
  S 808. Administration  and  enforcement  of  approved local land use
programs.  1. Local land use programs that have been approved  by  the
agency  and  validly  enacted  or  adopted  shall  be administered and
enforced as provided for in such approved programs.
  2. Upon receipt of an application to undertake any class B  regional
project  that is permissible under an approved local land use program,
the local government body or officer having jurisdiction thereof shall
give  written  notice  thereof  to  the  agency,  together  with  such
pertinent  information  as  the  agency may deem necessary. The agency
shall have standing to participate as a party in the local  review  of
such  project,  including  any public hearing thereon, and to have the
issuance of a permit therefor by such body or officer  reviewed  under
article seventy-eight of the civil practice law and rules and to bring
proceedings  in  any  court  of  competent  jurisdiction  to  have any
undertaking pursuant to such permit restrained, enjoined, corrected or
abated.
  3. Upon receipt of an application for a variance from any  provision
of  an  approved local land use program involving land in any land use
area other than a hamlet, including  any  shoreline  restriction,  the
local  government  body  or  officer having jurisdiction thereof shall
give written notice thereof to the agency together with such pertinent
information as the agency may deem necessary.   If  such  variance  is
granted,  it  shall not take effect for thirty days after the granting
thereof. If, within such thirty day period, the agency determines that
such variance involves the provisions of the land use and  development
plan as approved in the local land use program including any shoreline
restriction  and was not based upon the appropriate statutory basis of
practical  difficulties  or  unnecessary  hardships,  the  agency  may
reverse the local determination to permit the variance.  If the agency
so  acts, the appropriate local government officer or body, as well as
any other person aggrieved by such action, shall have standing to have
such action reviewed under article seventy-eight of the civil practice
law and rules.
  4. The agency, after consultation with  the  Adirondack  park  local
government review board, shall have standing to institute a proceeding
in  any  court  of  competent jurisdiction to revoke its approval of a
local land use program and reassert its review jurisdiction over class
B regional projects under section  eight  hundred  nine  whenever  the
agency determines by a two-thirds affirmative vote of its members that
the   local   government  body  or  officer  having  jurisdiction  has
repeatedly or frequently failed  or  refused,  after  due  notice  and
requests  from  the  agency,  and with such body or officer having had
full opportunity to be heard on all issues involved, to administer  or
enforce  the  approved  local land use program to adequately carry out
the policies, purposes and objectives of the approved  program  or  of
the land use and development plan. Not earlier than one year after any
such successful reassertion by the agency, or such earlier time as may
be  mutually  agreed  to, the legislative body of the local government
involved may submit its local land use program, or any amended version
thereof, or a newly proposed program to the  agency  for  approval  as
provided  for  in section eight hundred seven for the initial approval
of a local land use program.
  5. The agency shall be a party who shall be joined, pursuant to  the
terms  of  subdivision  a  of  section  one  thousand one of the civil
practice law and rules, in any action initiated by or against a  local
government, or an instrumentality, agent or employee thereof, in which
the  issues  to  be  adjudicated relate or pertain to the criteria for
approval of a local land use program set forth in subdivision  two  of
section  eight  hundred  seven  of  this  article. In any other action
initiated by or against a local  government,  or  an  instrumentality,
agent  or employee thereof, joinder of the agency shall be governed by
the terms of section one thousand two of the civil  practice  law  and
rules.
  6.  In  any action where the agency is a party pursuant to the first
sentence of subdivision five of this  section,  the  attorney  general
shall,  at  the  request  of  the local government and without cost to
local government, also represent the  local  government  as  to  those
issues  which  are common to both the agency and the local government,
and  as  to  which  both  seek  the  same  or  substantially   similar
determination.
		[ Top of Page ]
  S 809. Agency  administration  and  enforcement  of the land use and
development plan. 1. The agency shall have jurisdiction to review  and
approve  all class A regional projects, including those proposed to be
located in a land use area governed by  an  approved  local  land  use
program,  and  all  class B regional projects in any land use area not
governed by an approved and validly enacted or adopted local land  use
program.
  All  projects  shall  be reviewed and acted upon as expeditiously as
practical.  In particular, to facilitate the review of  minor  project
applications, the agency shall develop simplified application forms to
deal  with  such projects, and will comply with the special procedures
for such projects set forth in this section. For the purposes of  this
section,  "minor  project"  shall  mean  any  individual single family
dwelling or mobile home or any subdivision involving two lots, parcels
or sites.
  2. a. Any person proposing to undertake a class A  regional  project
in  any  land  use area, or a class B regional project in any land use
area not governed by an approved and validly enacted or adopted  local
land use program, shall make application to the agency for approval of
such   project   and  receive  an  agency  permit  therefor  prior  to
undertaking the project. Such application shall be filed in such  form
and manner as the agency may prescribe. The agency shall, upon receipt
of  such application, provide notice of receipt of the application and
a brief description of  the  project  to  the  Adirondack  park  local
government review board, the chairman of the county planning board, if
any,  of  the county wherein the project is proposed to be located, to
the chairman of the appropriate regional planning board,  and  to  the
chief  elected  officer, clerk and planning board chairman, if any, of
the local government wherein such project is proposed to  be  located.
The  agency  shall,  upon  request,  furnish  or  make  a  copy of the
application available to the review board or to the  officials  listed
in this paragraph.
  b.  On  or  before  fifteen  calendar days after the receipt of such
application the agency shall notify the project sponsor  by  certified
mail  whether or not the application is complete.  For the purposes of
this section, a "complete application" shall mean an application for a
permit which is in an approved form and is determined by the agency to
be complete for the purpose of commencing review  of  the  application
but  which  may need to be supplemented during the course of review as
to matters contained in the application in order to enable the  agency
to  make  the findings and determinations required by this section. If
the agency fails to mail such notice within such  fifteen-day  period,
the application shall be deemed complete. If the agency determines the
application  is  not  complete,  the  notice  shall  include a concise
statement of the respects in which the application is incomplete.  The
submission   by  the  project  sponsor  of  the  requested  additional
information shall commence a  new  fifteen  calendar  day  period  for
agency  review  of  the  additional  information  for  the purposes of
determining completeness. If the agency determines the application  is
complete, the notice shall so state.
  A notice of application completion shall not be required in the case
of  applications  for minor projects which the agency determines to be
complete when filed. Such applications shall be  deemed  complete  for
the purposes of this section upon the date of receipt.
  c.  The project sponsor shall not undertake the project for a period
of ninety days, or in the case of a minor  project,  forty-five  days,
following  the  date  of such notice of application completion, or the
date the application is deemed complete pursuant to the provisions  of
this  section,  unless  a  permit is issued prior to the expiration of
such periods.
  d. Immediately upon determining that an application is complete, the
agency shall, except in relation to minor projects, cause a notice  of
application to be published in the next available environmental notice
bulletin  published  by  the  department of environmental conservation
pursuant to section 3-0306  of  the  environmental  conservation  law,
which  publication shall be not later than ten calendar days after the
date of such notice. The time period for public comment  on  a  permit
application  shall  be stated in the notice of application. The agency
shall at the same time mail  a  copy  of  the  notice  of  application
completion to the Adirondack park local government review board and to
the  persons  named in paragraph a of subdivision two of this section,
and invite their comments.
  3. a. Within the time periods specified in paragraphs  b  and  c  of
this  subdivision,  the  agency  shall  make  a  decision  on a permit
application by notifying the project sponsor by certified mail of  its
decision  to  approve  the  project,  approve  the  project subject to
conditions or disapprove the project.
  b. In the case of an application for a permit for  which  no  public
hearing  has  been  held,  the  agency  decision shall be mailed on or
before ninety calendar days or,  in  the  case  of  a  minor  project,
forty-five  calendar  days,  after  the  agency  notifies  the project
sponsor that the application is complete or after the  application  is
deemed complete pursuant to the provisions of this section.
  c.  In  the  case  of an application for a permit for which a public
hearing has been held, the agency  decision  shall  be  mailed  on  or
before  sixty  calendar days after receipt by the agency of a complete
record, as that term is defined  in  paragraphs  (a)  through  (e)  of
subdivision   one   of   section   three  hundred  two  of  the  state
administrative procedure act.
  d. If  the  agency  determines  to  hold  a  public  hearing  on  an
application  for a permit, the agency shall notify the project sponsor
of its determination by certified mail on  or  before  sixty  calendar
days  or,  in  the  case  of a minor project, forty-five calendar days
after the agency notifies the project sponsor that the application  is
complete  or  after the application is deemed complete pursuant to the
provisions of this section. The determination of  whether  or  not  to
hold  a public hearing on an application shall be based on whether the
agency`s evaluation or comments of the review board,  local  officials
or  the  public  on a project raise substantive and significant issues
relating to any findings or determinations the agency is  required  to
make  pursuant  to  this  section, including the reasonable likelihood
that the project will be disapproved or  can  be  approved  only  with
major  modifications  because  the  project  as  proposed may not meet
statutory or regulatory criteria or standards. The agency  shall  also
consider the general level of public interest in a project. No project
may be disapproved without a public hearing first being held thereon.
  e.   If   the  agency  has  notified  the  project  sponsor  of  its
determination  to  hold  a  public  hearing,  the  sponsor  shall  not
undertake  the project during the time period specified in paragraph c
of this subdivision. The notice of  determination  to  hold  a  public
hearing  shall  state  that  the  project  sponsor has the opportunity
within fifteen days to  withdraw  his  application  or  submit  a  new
application.  A  public  hearing  shall  commence  on or before ninety
calendar days, or in the case of a minor project,  seventy-five  days,
after  the agency notifies the project sponsor that the application is
complete or after the application is deemed complete pursuant  to  the
provisions  of  this  section.  In  addition to notice of such hearing
being mailed to the project sponsor, such notice shall also  be  given
by  publication at least once in the environmental notice bulletin and
in a newspaper having general circulation  in  each  local  government
wherein  the project is proposed to be located, by conspicuous posting
of the land involved, and by individual  notice  served  by  certified
mail upon each owner of record of the land involved, and by mail upon:
the  Adirondack  park local government review board, the persons named
in paragraph a of subdivision  two  of  this  section,  any  adjoining
landowner,  to  the  extent  reasonably  discernible  from  the latest
completed tax assessment roll, and the clerk of any  local  government
within  five  hundred  feet of the land involved. Public hearings held
pursuant to this section shall be consolidated or  held  jointly  with
other state or local agencies whenever practicable.
  4.  The  agency  shall  make  provision in its rules and regulations
adopted pursuant to subdivision  fourteen  of  this  section  for  the
Adirondack  park local government review board and county and regional
planning agencies receiving  notice  under  subdivision  two  to  have
opportunity  to  review  and  render  advisory comments on the project
under review by the agency.
  5. Notice of an agency decision shall be  given  by  mail  to  those
entitled to individual notice of application under subdivision two and
notice  of  hearing  under subdivision three, if a hearing is held. If
the decision is approval, the agency shall within ten days of issuance
of its notification of approval grant a permit to the project  sponsor
to  undertake  the  project.  If  the  decision is approval subject to
conditions, the agency shall grant a  permit  only  upon  satisfactory
fulfillment  of  such conditions. Approval subject to conditions shall
expire six months from the date of such approval, or such longer  time
as  is  specified in the notification or approval, unless a permit has
been granted. An agency permit shall serve as  authorization  for  the
project  sponsor to undertake the project in accordance with the terms
and conditions thereof.
  6. a. If the agency fails to mail a decision on an application for a
permit within the time periods specified in  paragraphs  b  and  c  of
subdivision  three  of  this  section,  the  project sponsor may cause
notice of such failure to be made to the agency by means of  certified
mail,  return  receipt  requested,  addressed  to  the  agency  at its
headquarters office. If, within five working days after the receipt of
such notice the agency fails to mail a decision, the application shall
be deemed approved and a permit deemed granted subject to any standard
terms or conditions applicable to such a permit and the  agency  shall
provide  the  project  sponsor  with  a  written certification to this
effect.
  b. Any time period specified in  this  section  may  be  waived  and
extended  for good cause by written request of the project sponsor and
consent of the agency, or by written request of the agency and consent
of the project sponsor.
  c. At any time during the review of an application for a permit or a
request  by  a  permit  holder  for  the   renewal,   reissuance,   or
modification  of  an  existing permit pursuant to subdivision eight of
this section, the agency may request additional information  from  the
project  sponsor  or permit holder with regard to any matter contained
in the application or request  when  such  additional  information  is
necessary  for  the  agency  to  make  any  findings or determinations
required by law. Such a request shall not extend any time  period  for
agency  action  contained  in  this  section.  Failure  by the project
sponsor or permit holder to provide such information  may  be  grounds
for denial by the agency of the application or request.
  7.  a.  A  permit  or  certificate  issued by the agency pursuant to
subdivision five or six of this section shall expire within sixty days
from the date thereof unless within such sixty-day period such  permit
or  certificate  shall  have  been  duly  recorded  in the name of the
landowner in the office of the clerk of the county wherein the project
is proposed to be located. Where a permit involves action  in  concert
by  two  or more landowners as described by paragraph c of subdivision
ten of this section, the permit shall be recorded in the name of  each
landowner.
  b. A permit when properly recorded shall operate and be construed as
actual  notice  of the right to undertake the project and of the terms
and conditions imposed by such permit. Such right shall extend to  and
such  terms  and  conditions  shall  be  binding  upon  all subsequent
grantees of  the  land  area  subject  to  the  permit,  except  those
conditions which by their nature or wording are to be performed by the
original  project  sponsor  and except as may be otherwise provided by
the terms of such permit.
  c. If  a  project  for  which  a  permit  has  been  granted,  or  a
certificate  issued,  is  not  in existence within two years after the
recording of such permit or  certificate,  unless  the  terms  of  the
permit  provides  for  a  longer  period  of time, the project may not
thereafter be undertaken or continued unless an application for a  new
permit  therefore  has  been applied for and granted in the same manner
and subject to  all  conditions  governing  the  application  for  and
granting  of  a  permit  as  provided  in this section. In determining
whether to provide a longer period of time by when the project must be
in existence, the agency shall give due consideration to the potential
of the land related to the project to  remain  suitable  for  the  use
allowed by the permit and to the economic considerations attending the
project.
  8.  a.  Upon  the  provision  of  notice stating the grounds for its
action and giving an opportunity for hearing to the permit holder, the
agency may modify, suspend or revoke a permit.
  b. A permit holder may make written request to the  agency  for  the
renewal,  reissuance,  or  modification  of an existing permit. Such a
request shall be accompanied by sufficient information supporting  the
request for the agency action sought.
  (1)  In  the  case  of  a  request which does not involve a material
change  in  permit  conditions,  the  applicable  law,   environmental
conditions  or  technology  since the date of issuance of the existing
permit, the agency shall on or before fifteen calendar days after  the
receipt of a request mail a written determination to the permit holder
of  its  decision  on  the  request.  If  the  decision is to deny the
request, the permit  holder  shall  be  afforded  an  opportunity  for
hearing  and  notice  of such decision shall be given by the agency in
the next available issue of the environmental notice bulletin.
  (2)  In the case of a request which may involve a material change as
described in subparagraph one of this paragraph, the agency  shall  on
or  before fifteen calendar days after the receipt of a request mail a
written determination to the permit holder that the request  shall  be
treated as an application for a new permit.
  If pursuant to subparagraph one or two of this paragraph, the agency
fails to mail a written determination to the permit holder within such
fifteen calendar day period, the provisions of subdivision six of this
section shall apply.
  9.  The  agency  shall  not  approve  any  class  A regional project
proposed to be located in a land use  area  governed  by  an  approved
local  land  use  program, or grant a permit therefor, unless it first
determines that such project meets all of the  pertinent  requirements
and  conditions  of  such approved local land use program and that the
project would not have an  undue  adverse  impact  upon  the  natural,
scenic,  aesthetic,  ecological,  wildlife,  historic, recreational or
open space resources of the park or upon the ability of the public  to
provide  supporting  facilities  and  services  made  necessary by the
project, taking into account the commercial, industrial,  residential,
recreational or other benefits that might be derived from the project.
In  making  this  determination,  as to the impact of the project upon
such resources of the park, the agency shall consider those  pertinent
factors  contained  in the development considerations and provided for
in such  approved  local  land  use  program.  The  agency  shall,  in
connection  with  its review of a project under this subdivision, make
provision in its  rules  and  regulations  adopted  under  subdivision
fourteen  for  the  early  involvement of the local government wherein
such project is proposed to be located in the review of  such  project
on  an  informal basis. Such local government shall have standing as a
party in any public hearing on such project held by the agency.
  10. The agency shall not approve any project proposed to be  located
in  any  land  use  area  not  governed  by an approved local land use
program, or grant a permit therefor, unless it first  determines  that
such project meets the following criteria:
  a. The project would be consistent with the land use and development
plan.
  b.  The  project  would be compatible with the character description
and purposes, policies and objectives of the land use area wherein  it
is proposed to be located.  If the project is on the classification of
compatible  uses list for the land use area involved, there shall be a
presumption of compatibility with the character description, purposes,
policies and objectives of such land use area.   If the project  is  a
class B regional project because, as provided in section eight hundred
ten,  it  is  not listed as either a primary use or a secondary use on
the classification of compatible uses  list  for  the  land  use  area
wherein  it  is  proposed  to be located, there shall be a presumption
that  such  project  would  not  be  compatible  with  the   character
description,  purposes,  policies and objectives of such land use area
and the burden shall be on the project  sponsor  to  demonstrate  such
compatibility to the satisfaction of the agency.
  c.  The  project  would  be  consistent  with  the overall intensity
guideline for the land use area involved. A  landowner  shall  not  be
allowed  to  construct,  either  directly or as a result of a proposed
subdivision, more principal buildings on the land included within  the
project  than  the  overall intensity guideline for the given land use
area in which the project is located. In  determining  the  land  area
upon which the intensity guideline is calculated and which is included
within  a  project,  the  landowner  shall only include land under his
ownership and may include all adjacent land which he owns within  that
land use area irrespective of such dividing lines as lot lines, roads,
rights  of  way,  or  streams  and,  in  the absence of local land use
programs  governing  the  intensity  of  land  use  and   development,
irrespective  of  local  government boundaries. Principal buildings in
existence within the area included within a project, as such  area  is
defined  by  the landowner, shall be counted in applying the intensity
guidelines. As between two or more separate landowners in a given land
use area the principal buildings on one landowner`s property shall not
be counted in applying the intensity guidelines to another landowner`s
project, except that two or more landowners whose lands  are  directly
contiguous  and  located  in  the same general tax district or special
levy or assessment district may, when acting, in concert in submitting
a project, aggregate such lands for purposes of applying the intensity
guidelines to their lands thus aggregated. The  area  upon  which  the
intensity  guideline  is  calculated  shall  not include (a) bodies of
water, such as lakes and ponds, (b) any land  in  the  same  ownership
that  is  directly  related  to any principal building in existence on
August first,  nineteen  hundred  seventy-three,  which  land  is  not
included  in  the  project,  and  (c),  in  the  case of any principal
building   constructed   after   August   first,   nineteen    hundred
seventy-three,  any  land  in the same or any other ownership that was
included within the area of any previous project in  order  to  comply
with the overall intensity guideline.
  d.  The  project  would  comply  with  the shoreline restrictions if
applicable.  The agency may require a greater setback of  any  on-site
sewage drainage field or seepage pit than required under the shoreline
restrictions if it determines that soils or other pertinent conditions
require  such  greater setback to reasonably protect the water quality
of the water body involved.
  e. The project would not have  an  undue  adverse  impact  upon  the
natural,    scenic,   aesthetic,   ecological,   wildlife,   historic,
recreational or open space resources of the park or upon  the  ability
of  the  public  to  provide  supporting  facilities and services made
necessary  by  the  project,  taking  into  account  the   commercial,
industrial,  residential, recreational or other benefits that might be
derived from the project. In making  this  determination,  as  to  the
impact  of  the  project  upon  such resources of the park, the agency
shall  consider   those   factors   contained   in   the   development
considerations  of  the  plan which are pertinent to the project under
review.
  11. Where there are practical difficulties or unnecessary  hardships
in  the way of carrying out the strict letter of the provisions of the
plan or the shoreline restrictions, the agency shall have authority in
connection with a project under its review to vary  or  modify,  after
public  hearing  thereon, the application of any of such provisions or
restrictions relating  to  the  use,  construction  or  alteration  of
buildings or structures, or the use of land, so that the spirit of the
provisions  or  restrictions  shall  be  observed,  public  safety and
welfare secured and substantial justice done.
  12. The agency may conduct such investigations,  examinations  tests
and  site  evaluations  as  it  deems  necessary to verify information
contained in an application for a development permit, and the  project
sponsor,  or  owner  of  the  land upon which the project is proposed,
shall grant the agency or its agents permission to enter upon his land
for these purposes.
  13.  The agency shall have authority to impose such requirements and
conditions with its granting of a permit as are allowable  within  the
proper  exercise  of  the police power. The agency shall have specific
authority in connection with its project review  jurisdiction:  a.  To
impose  reasonable  conditions and requirements, including the posting
of performance bonds in favor of the local government as  obligee,  to
ensure  that  any  project  for  which  a  permit  is  granted will be
adequately supported by basic services and improvements made necessary
by the project. The cost of any such services or improvements  may  be
imposed  by  requiring that the project sponsor provide the service or
improvement or reserve land, or any interest  therein,  or  contribute
money  in  lieu thereof to the local government wherein the project is
proposed to be located if such local government consents  thereto.  In
the  exercise of the authority contained in this provision, the agency
shall  consult  with  the  affected  municipalities   and   give   due
consideration to their views.
  b. To impose reasonable conditions and requirements to ensure that a
project  for  which a permit is granted by the agency, when undertaken
or continued, will be completed  in  accordance  with  the  terms  and
conditions  of  the  permit,  and  that  the  project  sponsor furnish
appropriate  guarantees  of  completion   or   otherwise   demonstrate
financial  capacity  to  complete  the  project  or  any material part
thereof and furnish appropriate guarantees  or  otherwise  demonstrate
that  the  project  will  be  managed and maintained once completed in
accordance with the terms of the permit.
  c. To impose reasonable conditions and requirements to  ensure  that
upon  approval of a project the applicable overall intensity guideline
for the land use area involved will be respected. Such requirement may
include  the  restriction  of  land  against  further  development  of
principal buildings, whether by deed restriction, restrictive covenant
or other similar appropriate means.
  d.  To  allow,  upon  request  of  a project sponsor, projects to be
reviewed conceptually, and thereafter or simultaneously  therewith  to
be divided into and reviewed by sections, and to grant or deny permits
for   such  sections.  Conceptual  determinations  may  be  made,  and
sectional permits may be granted subject to  the  provision  of  those
requirements and conditions for improvements and services for, and for
completion  of  the  total  project as the agency deems reasonable and
necessary.  Conceptual  review   shall   focus   upon   the   existing
environmental  setting  and the likely impacts which would result from
the project, including all proposed phases or  segments  thereof,  but
shall  not  result  in  a  binding approval or disapproval. The agency
shall in rules and regulations  establish  criteria,  guidelines,  and
procedures  for  the  conceptual  and  sectional  review  of  proposed
projects. Except to the extent, and only for such period  of  time  as
otherwise  specifically  stated  in  the  agency`s  decision  upon  an
application for a sectional permit,  the  granting  of  any  sectional
permit  shall not constitute a finding, or be binding upon the agency,
with respect to any portion of the total project not included  in  the
section for which the permit is granted.
  e.  To  issue  a general permit for any class of projects concerning
which the agency  determines  it  may  make  the  requisite  statutory
findings on a general basis.
  14.  The agency may, after public hearing, adopt, and have authority
to amend  or  repeal,  rules  and  regulations,  consistent  with  the
provisions  of  this  section, to govern its project review procedures
and to provide further guidance to potential project sponsors  through
further  definition  of  the  development considerations as they would
apply to  specific  classes  of  projects  in  specific  physical  and
biological  conditions. Such rules and regulations may include but not
be limited to:
  a. Procedures prior to formal application to the agency for a permit
for the informal  discussion  of  preliminary  plans  for  a  proposed
project  and  for preliminary approval or recommendations in regard to
the project. Such informal  discussion  shall  be  optional  with  the
project  sponsor  and  no such preliminary approval of recommendations
shall relieve the sponsor from complying with the provisions governing
submission of a project for review and obtaining a permit therefor  as
provided in this section.
  b.  Procedures  for  cooperation  and  joint action, including joint
hearings, insofar as  practical,  with  other  state  agencies  having
review  or  regulatory  jurisdiction  which  relates  with that of the
agency`s so as to avoid unnecessary costs  and  burdens  both  to  the
state and to project sponsors and landowners.
  c.  Procedures  to  insure  communication  and  discussion  with any
federal agency, including the Army Corps of  engineers  and  the  soil
conservation  service,  in regard to any federal development proposals
in the park.
  Such agency rules and regulations, and any amendments thereof, shall
be adopted only after consultation  with  the  Adirondack  park  local
government  review  board  and  at  least  one public hearing thereon.
Fifteen days notice of such hearing shall be made  by  publication  at
least once in a newspaper of general circulation in each county wholly
or  partially  within  the  Adirondack  park  and  in  a  least  three
metropolitan areas of the state, and by individual  notice  served  by
mail  upon  the  clerk of each county and each local government of the
park, and the chairman of all local government,  county  and  regional
planning  agencies  having jurisdiction in the park. Such notice shall
contain a statement describing the  subject  matter  of  the  proposed
rules and regulations, and the time and place of the hearing and where
further information thereon may be obtained.
  15.  This  section shall not apply to any emergency project which is
immediately necessary for  the  protection  of  life  or  property  as
defined by the agency by rule and regulation adopted under subdivision
fourteen.
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  S 810. Class A and class B regional projects. All references in this
article  to  class A regional projects or to class B regional projects
shall mean, for the land use areas indicated, the following  new  land
uses  or  development  or  subdivisions  of  land: 1. Class A regional
projects. a. Hamlet areas. (1) All land uses and development  and  all
subdivisions  of  land  involving  wetlands  except  for forestry uses
(other than timber harvesting that includes a proposed clearcutting of
any single unit of land of more than twenty-five acres),  agricultural
uses,  public  utility  uses,  and accessory uses or structures (other
than signs) to any such use or to any pre-existing use.
  (2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency,  either  prior
to  or at the time a local land use program is approved by the agency,
is to be reviewed by the agency; provided, however, that any class  of
projects  so  agreed  upon  must  be  designated  by  and  its  review
authorized in a local ordinance or local law.
  (3) All land uses and  development  and  all  subdivisions  of  land
involving  one  hundred  or more residential lots, parcels or sites or
residential  units,  whether  designed  for  permanent,  seasonal   or
transient use.
  (4)  All  structures  in  excess  of  forty  feet  in height, except
agricultural use  structures  and  residential  radio  and  television
antennas.
  (5) Commercial or private airports.
  (6) Watershed management and flood control projects.
  (7)  Any  material  increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or  more
of the original square footage of such structure.
  b.  Moderate  intensity use areas. (1) All land uses and development
and all  subdivisions  of  land  located  in  the  following  critical
environmental  areas:  (a) within one-quarter mile of rivers navigable
by boat designated to be studied as wild, scenic  or  recreational  in
accordance  with  the environmental conservation law during the period
of such designation; (b) involving  wetlands;  (c)  at  elevations  of
twenty-five hundred feet or more; (d) within one-eighth mile of tracks
of  forest  preserve  land  or  water  now  or hereafter classified as
wilderness, primitive or canoe in the master plan  for  management  of
state  lands,  except  for  an  individual  single family dwelling and
accessory uses or structures thereto.   Provided,  however,  that  the
above  shall  not  include  forestry uses (other than clear-cutting as
specified  in  number  nine  below),  agricultural  uses,  open  space
recreation uses, public utility uses, and accessory uses or structures
(other than signs) to any such use or to any pre-existing use.
  (2) Any class of land use or development or subdivision of land that
by  agreement  between a local government and the agency, either prior
to or at the time a local land use program is approved by the  agency,
is  to be reviewed by the agency; provided, however, that any class of
projects  so  agreed  upon  must  be  designated  by  and  its  review
authorized in a local ordinance or local law.
  (3)  All  land  uses  and  development  and all subdivisions of land
involving seventy-five or more residential lots, parcels or  sites  or
residential   units,  whether  designed  for  permanent,  seasonal  or
transient use.
  (4) Commercial or agricultural service uses involving  ten  thousand
or more square feet of floor space.
  (5)  All  structures  in  excess  of  forty  feet  in height, except
agricultural use  structures  and  residential  radio  and  television
antennas.
  (6) Tourist attractions.
  (7) Ski centers.
  (8) Commercial or private airports.
  (9)  Timber  harvesting that includes a proposed clearcutting of any
single unit of land of more than twenty-five acres.
  (10) Sawmills, chipping mills, pallet mills and similar  wood  using
facilities.
  (11) Mineral extractions.
  (12) Mineral extraction structures.
  (13) Watershed management and flood control projects.
  (14) Sewage treatment plants.
  (15) Major public utility uses.
  (16) Industrial uses.
  (17)  Any  material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or  more
of the original square footage of such structure.
  c.  Low  intensity  use areas. (1) All land uses and development and
all  subdivisions  of  land  located   in   the   following   critical
environmental  areas:  (a) within one-quarter mile of rivers navigable
by boat designated to be studied as wild, scenic  or  recreational  in
accordance  with  the environmental conservation law during the period
of such designation; (b) involving  wetlands;  (c)  at  elevations  of
twenty-five hundred feet or more; (d) within one-eighth mile of tracts
of  forest  preserve  land  now or hereafter classified as wilderness,
primitive or canoe in the master plan for management of  state  lands,
except  for an individual single family dwelling and accessory uses or
structures thereto.  Provided,  however,  that  the  above  shall  not
include forestry uses (other than clear-cutting as specified in number
nine  below),  agricultural  uses,  open space recreation uses, public
utility uses, and accessory uses or structures (other than  signs)  to
any such use or to any pre-existing use.
  (2) Any class of land use or development or subdivision of land that
by  agreement  between a local government and the agency, either prior
to or at the time a local land use program is approved by the  agency,
is  to be reviewed by the agency; provided, however, that any class of
projects  so  agreed  upon  must  be  designated  by  and  its  review
authorized in a local ordinance or local law.
  (3)  All  land  uses  and  development  and all subdivisions of land
involving thirty-five or more residential lots, parcels  or  sites  or
residential   units,  whether  designed  for  permanent,  seasonal  or
transient use.
  (4) Commercial or agricultural service uses involving five  thousand
or more square feet of floor space.
  (5)  All  structures  in  excess  of  forty  feet  in height, except
agricultural use  structures  and  residential  radio  and  television
antennas.
  (6) Tourist attractions.
  (7) Ski centers.
  (8) Commercial or private airports.
  (9)  Timber  harvesting that includes a proposed clearcutting of any
single unit of land of more than twenty-five acres.
  (10)  Sawmills,  chipping mills, pallet mills and similar wood using
facilities.
  (11) Mineral extractions.
  (12) Mineral extraction structures.
  (13) Watershed management and flood control projects.
  (14) Sewage treatment plants.
  (15) Waste disposal areas.
  (16) Junkyards.
  (17) Major public utility uses.
  (18) Industrial uses.
  (19) Any material increase or expansion of an existing land  use  or
structure included on this list that is twenty-five percent or more of
the  original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
  d. Rural use areas. (1)  All  land  uses  and  development  and  all
subdivisions  of  land located in the following critical environmental
areas: (a)  within  one-quarter  mile  of  rivers  navigable  by  boat
designated to be studied as wild, scenic or recreational in accordance
with  the  environmental  conservation  law  during the period of such
designation; (b) involving wetlands; (c) at elevations of  twenty-five
hundred  feet  or more; (d) within one-eighth mile of tracts of forest
preserve land or water now  or  hereafter  classified  as  wilderness,
primitive  or  canoe in the master plan for management of state lands,
except for an individual single family dwelling and accessory uses  or
structures  thereto;  (e) within one hundred fifty feet of the edge of
the right  of  way  of  federal  or  state  highways,  except  for  an
individual  single  family  dwelling  and accessory uses or structures
thereto; (f) within one hundred fifty feet of the edge of the right of
way of county highways designated by rule or regulation of the  agency
adopted pursuant to subdivision fourteen of section eight hundred nine
or in an approved local land use program, as major travel corridors by
the agency or local government, except for an individual single family
dwelling and accessory uses or structures thereto.  Provided, however,
that   the   above   shall  not  include  forestry  uses  (other  than
clear-cutting as specified in number ten below  and  sand  and  gravel
pits  associated  with such uses located within one hundred fifty feet
of the edge of  the  right  of  way  of  the  above  described  travel
corridors),  agricultural  uses  (other  than  sand  and  gravel  pits
associated with such uses located within one hundred fifty feet of the
edge of the right of way of the  above  described  travel  corridors),
open space recreation uses, public utility uses, and accessory uses or
structures  (other than signs) to any such uses or to any pre-existing
use.
  (2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency,  either  prior
to  or at the time a local land use program is approved by the agency,
is to be reviewed by the agency; provided, however, that any class  of
projects  so  agreed  upon  must  be  designated  by  and  its  review
authorized in a local ordinance or local law.
  (3) All land uses and  development  and  all  subdivisions  of  land
involving  twenty  or  more  residential  lots,  parcels  or  sites or
residential  units,  whether  designed  for  permanent,  seasonal   or
transient use.
  (4)  Commercial  and agricultural service uses involving twenty-five
hundred or more square feet of floor space.
  (5)  All  structures  in  excess  of  forty  feet  in height, except
agricultural use  structures  and  residential  radio  and  television
antennas.
  (6) Tourist accommodations.
  (7) Ski centers.
  (8) Commercial seaplane bases.
  (9) Commercial or private airports.
  (10)  Timber harvesting that includes a proposed clearcutting of any
single unit of land of more than twenty-five acres.
  (11) Sawmills, chipping mills, pallet mills and similar  wood  using
facilities.
  (12) Mineral extractions.
  (13) Mineral extraction structures.
  (14) Watershed management and flood control projects.
  (15) Sewage treatment plants.
  (16) Waste disposal areas.
  (17) Junkyards.
  (18) Major public utility uses.
  (19) Industrial use.
  (20)  Any  material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or  more
of the original square footage of such structure.
  e.  Resource management areas. (1) All land uses and development and
all  subdivisions  of  land  located   in   the   following   critical
environmental  areas:  (a) within one-quarter mile of rivers navigable
by boat designated to be studied as wild, scenic  or  recreational  in
accordance  with  the environmental conservation law during the period
of such designation; (b) involving  wetlands;  (c)  at  elevations  of
twenty-five hundred feet or more; (d) within one-eighth mile of tracts
of  forest  preserve  land  or  water  now  or hereafter classified as
wilderness, primitive or canoe in the master plan  for  management  of
state  lands,  except  for  an  individual  single family dwelling and
accessory uses or structures thereto; (e) within three hundred feet of
the edge of the right of way of federal or state highways, except  for
an  individual single family dwelling and accessory uses or structures
thereto; (f) within three hundred feet of the edge of the right of way
of county highways designated as major travel  corridors  by  rule  or
regulation  of  the agency adopted pursuant to subdivision fourteen of
section eight hundred nine or in an approved local land  use  program,
except  for an individual single family dwelling and accessory uses or
structures thereto.  Provided,  however,  that  the  above  shall  not
include  forestry uses (other than clearcutting as specified in number
eleven below and sand  and  gravel  pits  associated  with  such  uses
located  within  three hundred feet of the edge of the right of way of
the above described travel corridors), agricultural uses  (other  than
sand  and  gravel  pits associated with such uses located within three
hundred feet of the edge of the right of way of  the  above  described
travel  corridors),  open  space recreation uses, public utility uses,
and accessory uses or structures (other than signs) to any  such  uses
or to any pre-existing use.
  (2) Any class of land use or development or subdivision of land that
by  agreement  between a local government and the agency, either prior
to or at the time a local land use program is approved by the  agency,
is  to be reviewed by the agency; provided, however, that any class of
projects  so  agreed  upon  must  be  designated  by  and  its  review
authorized in a local ordinance or local law.
  (3)  All  subdivisions  of  land  (and all land uses and development
related thereto) involving two or more lots, parcels or sites.
  (4) Campgrounds involving fifty or more sites.
  (5) Group camps.
  (6) Ski centers and related tourist accommodations.
  (7) Agricultural service uses.
  (8) All structures  in  excess  of  forty  feet  in  height,  except
agricultural  use  structures  and  residential  radio  and television
antennas.
  (9) Sawmills, chipping mills and pallet mills and similar wood using
facilities.
  (10) Commercial sand and gravel extractions.
  (11) Timber harvesting that includes a proposed clearcutting of  any
single unit of land of more than twenty-five acres.
  (12) Mineral extractions.
  (13) Mineral extraction structures.
  (14) Watershed management and flood control projects.
  (15) Sewage treatment plants.
  (16) Major public utility uses.
  (17)  Any  material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or  more
of the original square footage of such structure.
  f. Industrial use areas.
  (1) Mineral extractions.
  (2) Mineral extraction structures.
  (3) Commercial sand and gravel extractions.
  (4) Major public utility uses.
  (5) Sewage treatment plants.
  (6) Waste disposal areas.
  (7) Junkyards.
  (8)  Any  material  increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or  more
of the original square footage of such structure.
  2.  Class B regional projects. a. Moderate intensity use areas.  (1)
Subdivisions of land  (and  all  land  uses  and  development  related
thereto)  involving  fifteen  or more but less than seventy-five lots,
parcels or sites, other than subdivisions  of  land  involving  mobile
homes.
  (2)  Subdivisions of land (and all land uses and development related
thereto) involving less than fifteen lots,  parcels  or  sites,  other
than  subdivisions  of  land involving mobile homes, which do not meet
the following criteria: (a) In the case of such subdivisions involving
land  having  shoreline,  each  lot,  parcel  or  site  is  at   least
twenty-five  thousand square feet in size and complies with all of the
provisions of the shoreline restrictions.
  (b) In the case of  such  subdivisions  not  involving  land  having
shoreline,  each lot, parcel or site is at least forty thousand square
feet in size.
  Any subdivision or subsequent subdivision of such  land,  either  by
the original owner or subsequent owners, shall be subject to review as
a  class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and  any  prior  subdivision  or
subdivisions exceeds fourteen.
  (3) Multiple family dwellings.
  (4) Mobile home courts.
  (5)  Subdivisions  of land involving mobile homes (and all land uses
and development related thereto)  and  involving  two  or  more  lots,
parcels or sites.
  (6) Public and semi-public buildings.
  (7) Municipal roads.
  (8)  Commercial or agricultural service uses involving less than ten
thousand square feet of floor space.
  (9) Tourist accommodations.
  (10) Marinas, boatyards and boat launching sites.
  (11) Golf courses.
  (12) Campgrounds.
  (13) Group camps.
  (14) Commercial seaplane bases.
  (15) Commercial sand and gravel extractions.
  (16) Land use or development or subdivisions of land  involving  the
clustering  of  buildings  on  land having shoreline on the basis of a
specified  number  of  principal  buildings   per   linear   mile   or
proportionate  fraction  thereof,  as  provided  for  in the shoreline
restrictions.
  (17) Any land use or development not now or  hereafter  included  on
either  the  list  of  primary  uses or the list of secondary uses for
moderate intensity use areas.
  (18) An individual single family dwelling within one-eighth mile  of
tracts of forest preserve land or water now or hereafter classified as
wilderness  primitive  or  canoe  in the master plan for management of
state lands.
  (19) All land uses and development  and  all  subdivisions  of  land
within  one-quarter  mile  of rivers designated to be studied as wild,
scenic  or  recreational  in   accordance   with   the   environmental
conservation  law,  other  than  those  navigable  by boat, during the
period of such designation.
  (20) Any material increase or expansion of an existing land  use  or
structure included on this list that is twenty-five percent or more of
the  original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
  b. Low intensity use areas. (1) Subdivisions of land (and  all  land
uses  and  development related thereto) involving ten or more but less
than thirty-five lots, parcels or sites, other  than  subdivisions  of
land involving mobile homes.
  (2)  Subdivisions of land (and all land uses and development related
thereto) involving less than ten lots, parcels or sites which  do  not
meet  the  following  criteria:  (a)  In the case of such subdivisions
involving land having shoreline, each lot, parcel or site is at  least
fifty  thousand  square  feet  in  size  and  complies with all of the
provisions of the shoreline restrictions.
  (b) In the case of  such  subdivisions  not  involving  land  having
shoreline,  each  lot,  parcel  or site is at least one hundred twenty
thousand square feet in size.
  Any subdivision or subsequent subdivision of such  land,  either  by
the original owner or subsequent owners, shall be subject to review as
a  class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and  any  prior  subdivision  or
subdivisions exceeds nine.
  (3) Multiple family dwellings.
  (4) Mobile home courts.
  (5)  Mobile  home  subdivisions  (and  all land uses and development
related thereto) involving two or more lots, parcels or sites.
  (6) Public and semi-public buildings.
  (7) Municipal roads.
  (8) Commercial or agricultural service uses involving less than five
thousand square feet of floor space.
  (9) Tourist accommodations.
  (10) Marinas, boatyards and boat launching sites.
  (11) Golf courses.
  (12) Campgrounds.
  (13) Group camps.
  (14) Commercial seaplane bases.
  (15) Commercial sand and gravel extractions.
  (16) Land use or development or subdivision of  land  involving  the
clustering  of  buildings  on  land having shoreline on the basis of a
specified  number  of  principal  buildings   per   linear   mile   or
proportionate  fraction  thereof,  as  provided  for  in the shoreline
restrictions.
  (17) Any land use or development not now or  hereafter  included  on
either  the list of primary uses or the list of secondary uses for low
intensity use areas.
  (18) An individual single family dwelling within one-eighth mile  of
tracts of forest preserve land or water now or hereafter classified as
wilderness,  primitive  or  canoe in the master plan for management of
state lands.
  (19) All land uses and development  and  all  subdivisions  of  land
within  one-quarter  mile  of rivers designated to be studied as wild,
scenic  or  recreational  in   accordance   with   the   environmental
conservation  law,  other  than  those  navigable  by boat, during the
period of such designation.
  (20) Any material increase or expansion of an existing land  use  or
structure included on this list that is twenty-five percent or more of
the  original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
  c. Rural use areas. (1) Subdivisions of land (and all land uses  and
development  related  thereto)  involving  five  or more but less than
twenty lots,  parcels  or  sites,  other  than  subdivisions  of  land
involving mobile homes.
  (2)  Subdivisions of land (and all land uses and development related
thereto) involving less than five lots, parcels or sites which do  not
meet  the  following  criteria:  (a)  In the case of such subdivisions
involving land having shoreline, each lot, parcel or site is at  least
eighty  thousand  square  feet  in  size  and complies with all of the
provisions of the shoreline restrictions of the plan.
  (b) In the case of  such  subdivisions  not  involving  land  having
shoreline,  each  lot, parcel or site is at least three hundred twenty
thousand square feet in size.
  Any subdivision or subsequent subdivision of such  land,  either  by
the original owner or subsequent owners, shall be subject to review as
a  class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and  any  prior  subdivision  or
subdivisions exceeds four.
  (3) Multiple family dwellings.
  (4) Mobile home courts.
  (5)  Mobile  home  subdivisions  (and  all land uses and development
related thereto) involving two or more lots, parcels or sites.
  (6) Public and semi-public buildings.
  (7) Municipal roads.
  (8) Marinas, boatyards and boat launching sites.
  (9) Golf courses.
  (10) Campgrounds.
  (11) Group camps.
  (12) Commercial sand and gravel extractions.
  (13) Land use or development or subdivision of  land  involving  the
clustering  of  buildings  on  land having shoreline on the basis of a
specified  number  of  principal  buildings   per   linear   mile   or
proportionate  fraction  thereof,  as  provided  for  in the shoreline
restrictions.
  (14) All land uses and development  and  all  subdivisions  of  land
within  one  quarter  mile of rivers designated to be studied as wild,
scenic  or  recreational  in   accordance   with   the   environmental
conservation  law,  other  than  those  navigable  by boat, during the
period of such designation.
  (15) Any land use or development not now or  hereafter  included  on
either  the  list  of  primary  uses or the list of secondary uses for
rural use areas.
  (16) Commercial and agricultural service uses  involving  less  than
twenty-five hundred square feet.
  (17)  An individual single family dwelling within one-eighth mile of
tracts of forest preserve land or  water  described  in  item  (d)  of
clause  (1)  of  paragraph  d of subdivision one or within one hundred
fifty feet of a travel corridor described in such paragraph.
  (18) Any material increase or expansion of an existing land  use  or
structure included on this list that is twenty-five percent or more of
the  original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
  d. Resource management areas. (1) Single family dwellings.
  (2) Individual mobile homes.
  (3) Forestry use structures.
  (4) Hunting and fishing cabins and hunting  and  fishing  and  other
private  club structures involving five hundred or more square feet of
floor space.
  (5) Land use or development or subdivision  of  land  involving  the
clustering  of  buildings  on  land having shoreline on the basis of a
specified  number  of  principal  buildings   per   linear   mile   or
proportionate   fraction   thereof,   as  provided  in  the  shoreline
restrictions.
  (6) Any land use or development not now  or  hereafter  included  on
either  the  list  of  primary  uses or the list of secondary uses for
resource management areas.
  (7) Municipal roads.
  (8) Golf courses.
  (9) An individual single family dwelling within one-eighth  mile  of
tracts  of  forest  preserve  land  or waters described in item (d) of
clause (1) of paragraph d of subdivision one or within  three  hundred
feet of a travel corridor described in such paragraph.
  (10) Campgrounds involving fewer than fifty sites.
  (11)  All  land  uses  and  development and all subdivisions of land
within one-quarter mile of rivers designated to be  studied  as  wild,
scenic   and   recreational   in  accordance  with  the  environmental
conservation law, other than  those  navigable  by  boat,  during  the
period of such designation.
  (12)  Any  material increase or expansion of an existing land use or
structure included on this list that is twenty-five percent or more of
the original size of such existing use or twenty-five percent or  more
of the original square footage of such structure.
  e.  Industrial use areas. (1) Sawmills, chipping mills, pallet mills
and similar wood using facilities.
  (2) Industrial uses.
  (3) Commercial uses.
  (4) Agricultural service uses.
  (5) Public and semi-public buildings.
  (6) Municipal roads.
  (7) Any land use or development not now  or  hereafter  included  on
either  the  list  of  primary  uses or the list of secondary uses for
industrial use areas.
  (8) Any material increase or expansion of an existing  land  use  or
structure included on this list that is twenty-five percent or more of
the  original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
		[ Top of Page ]
  S 811. Special   provisions   relating   to  agency  project  review
jurisdiction and the shoreline restrictions.  1.  Notwithstanding  any
other  provision of this article, including the provisions of the land
use and development plan and the shoreline restrictions, the following
provisions  shall  apply  in  connection  with  the   project   review
jurisdiction  of  the  agency  under  section  eight  hundred nine and
application of the shoreline restrictions either by the agency in  the
review of a project or by operation of section eight hundred six.
  a.  Single family dwelling on existing vacant lot. One single family
dwelling or mobile home shall be allowed to be built on any vacant lot
which was on record on the date that  this  act  shall  become  a  law
regardless  of  the  overall  intensity guidelines, or the minimum lot
width provisions of the shoreline restrictions.  For the  purposes  of
this  exemption,  such  a  lot  must not adjoin other lots in the same
ownership, provided however, that all such lots in the same  ownership
may  be  treated  together  as  one  lot. In addition to the foregoing
exemption, where the agency has jurisdiction, for a reason other  than
its  location  in  a  critical  environmental area, of a single family
dwelling or mobile home on a lot described in this paragraph which  is
owned  by  an  individual who has continually owned such lot since May
twenty-second, nineteen hundred seventy-three, it may  not  disapprove
the  project  on  any  of  the  grounds  specified  in  paragraph e of
subdivision ten of section eight hundred nine,  but  may  impose  such
reasonable  conditions  on  the  type  and  manner of placement of any
individual on-site sewage disposal facilities as are in furtherance of
the purposes  of  this  article  and  in  compliance  with  applicable
standards of the department of health.
  b.  Conversions  of  certain  existing  uses.  Those  structures  in
existence on the date that this  act  shall  become  a  law  that  are
associated  with  resort hotels, rental cottages and group camps shall
be allowed to be converted  from  their  previous  use  to  individual
single  family  residence  use,  notwithstanding  the  fact  that such
structures, as converted, do not  conform  to  the  overall  intensity
guidelines or the shoreline restrictions.
  c.  Gifts,  devises  and  inheritances.  The  mere  division of land
resulting from bona fide gift,  devise  or  inheritance  by  and  from
natural persons shall not be subject to review by the agency. New land
use  or development on lots, parcels or sites conveyed by individuals,
who on the date that this act shall  become  law  own  such  land,  to
members  of  their  immediate  families  by  bona fide gift, devise or
inheritance, shall be exempt from the overall intensity guidelines and
the minimum lot size  criteria  specified  in  the  class  B  regional
project  lists  for  the  purpose  of  constructing  one single family
dwelling or mobile home on any such lot, parcel or site.
  2. Any pre-existing land use and development shall not be subject to
review by the agency.
  3. Any (a) pre-existing subdivision of land, (b) any subdivision  or
portion  of  a  subdivision  that involves seventy-five or fewer lots,
parcels or sites for the completion of which any or  all  permits  and
other  approvals  required  by  or pursuant to law were obtained after
July first, nineteen  hundred  seventy-one  and  for  which  all  such
required  permits  were in full force and effect on July thirty-first,
nineteen  hundred  seventy-three,  or  (c)  individual  single  family
dwelling  or mobile home, erected or placed on any lot, parcel or site
in any subdivision referred to in clauses (a) and (b) hereof which has
been approved by the state department of health, shall not be  subject
to  review  by  the  agency,  provided, however, that a subdivision or
portion of a subdivision described in clause (b) hereof  shall  become
subject  to  review  by  the  agency on August first, nineteen hundred
seventy-four if such subdivision or portion is  not  in  existence  on
said  date.  Any  individual  single  family  dwelling  or mobile home
referred to in clause (c) of this  subdivision  hereof  shall  not  be
subject   to  the  minimum  lot  width  provisions  of  the  shoreline
restrictions.
  4. With respect to any land use or  development  or  subdivision  of
land  or  portion  thereof  approved  by  the agency under its interim
project review authority, in section eight hundred fifteen, such  land
use  or  development  or subdivision or portion thereof may proceed in
accordance with the terms of the approval and shall not be subject  to
further  review  by the agency so long as such land use or development
or subdivision or portion thereof is  substantially  commenced  and/or
material  expenditures  and  financial  obligations have been incurred
with regard to such land use or development or subdivision or  portion
thereof within two years of such approval.
  5.  Any  existing  land  use or development, including any structure
being restored or rebuilt in whole or  in  part,  being  increased  or
expanded,  whether  in successive stages or at one time, to a total of
less than twenty-five percent of its size or  square  footage  at  the
date of enactment or when originally built or undertaken, whichever is
later,  shall  not  be  subject to review by the agency.  Any material
increase or expansion thereafter shall constitute  a  reviewable  land
use   or   development   if   otherwise  within  the  agency`s  review
jurisdiction. In no case shall any increase or expansion  violate,  or
increase  non-compliance with, the minimum setback requirements of the
shoreline restrictions. Notwithstanding the foregoing, a single family
dwelling or mobile home may always  be  enlarged  or  rebuilt  to  any
extent  provided  that  it  continues  to  be  used as such, provided,
however, that no such increase or expansion shall violate, or increase
any non-compliance with,  the  minimum  setback  requirements  of  the
shoreline restrictions.
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  S 812. Public hearings. 1. Public hearings authorized or required by
section eight hundred nine to be held by the agency in connection with
the review of projects shall be conducted as provided in this section,
the  applicable  project  review  rules  and regulations of the agency
adopted under subdivision fourteen of  such  section,  and  the  state
administrative procedure act.
  2.  Notice  of  such  public  hearings shall be given as required in
section eight hundred nine. Individual  notices  of  hearing  required
under  such  section shall be served by mail in the manner required by
section eight hundred nine of this article to the last  known  address
of  such  individuals.  Individual  notice of hearing shall also be so
served on any other person or agency, public or  private,  as  may  be
required under the agency`s project review rules and regulations.
  3.  Parties to a public hearing shall be the project sponsor and any
person or agency entitled to individual notice and any other person or
agency as may be authorized under the agency`s  project  review  rules
and regulations.
  4.  The  public  hearing  may, if authorized by the agency`s project
review rules and regulations, be conducted by any member  or  designee
of   the   agency,  but  any  findings,  decision,  order,  permit  or
certificate of the agency shall be adopted by the agency, all  members
voting having familiarized themselves with the record.
  5.  The  agency,  or  member  or  designee  thereof presiding at the
hearing shall have power to administer oaths and  issue  subpoenas  to
compel  the  attendance  of  witnesses  and the production of relevant
documents and papers, including witnesses and documents  requested  by
the parties.
  6. The parties shall be afforded the opportunity to present evidence
and  argument  and,  in the case of the project sponsor, any person or
agency entitled by law to  individual  notice  and  any  other  public
agency,  to  cross-examine  witnesses  on all relevant issues, but the
member or designee presiding may impose reasonable limitations  as  to
time and number of persons heard.
  7.  The  agency  shall keep a verbatim record of the proceedings and
certified copies shall be made  available,  and  for  such  reasonable
charges, as may be provided by rule or regulation of the agency.
		[ Top of Page ]
  S 813. Penalties  and  enforcement.  1.  Any person who violates any
provision of this article or any rule or regulation promulgated by the
agency, or the terms or conditions of any order or  permit  issued  by
the agency pursuant to this article shall be liable to a civil penalty
of  not  more  than  five hundred dollars for each day or part thereof
during which such violation continues.  The civil  penalties  provided
by  this  subdivision  shall be recoverable in an action instituted in
the name of the agency by the attorney general on his  own  initiative
or at the request of the agency.
  2.  Alternatively  or  in addition to an action to recover the civil
penalties provided by subdivision one of this  section,  the  attorney
general may institute in the name of the agency any appropriate action
or  proceeding  to  prevent,  restrain,  enjoin,  correct or abate any
violation of, or to enforce, any provision of this article or any rule
or regulation promulgated by the agency, or the terms or conditions of
any order or permit issued by the agency  pursuant  to  this  article.
The  court  in which the action or proceeding is brought may order the
joinder  of  appropriate  persons  as  parties  and  may   order   the
appropriate person or the person responsible for the violation to take
such  affirmative measures as are properly within its equitable powers
to correct or ameliorate the violation, having regard to the  purposes
of  this article and the determinations required by subdivision ten of
section eight hundred nine.
  3. Such civil penalty may be released or compromised by  the  agency
before the matter has been referred to the attorney general, and where
such  matter  has  been  referred  to  the  attorney general, any such
penalty may be released or compromised and  any  action  or  cause  of
action commenced to recover the same may be settled or discontinued by
the attorney general with the consent of the agency.
		[ Top of Page ]
  S 814. State  agency  projects. 1. Any state agency which intends to
undertake any new land use or development within the Adirondack  park,
other  than land use or development by the department of environmental
conservation pursuant to the  master  plan  for  management  of  state
lands,  irrespective  of whether the land use area wherein the project
is proposed to be located is governed by an approved  local  land  use
program  shall  give  due regard to the provisions of the plan and the
shoreline restrictions and shall file a notice of such intent  thereof
with  the  agency.  Such  notice  shall  be filed at the earliest time
practicable in the planning of such project, and  in  no  event  later
than the submission of a formal budget request for the funding of such
project  or any part thereof.  Such notice shall contain a description
of the proposed project, together  with  such  additional  information
relating thereto as the agency may determine necessary and appropriate
for the purposes of this section. The state agency shall not undertake
such  project for a period of thirty days, or such earlier time as the
agency may specify, following the filing of the notice of intent.
  2. During such thirty-day period, the agency may review the  project
to  determine whether it: a. might be inconsistent with the provisions
of the plan and shoreline restrictions, or
  b. may have an  undue  adverse  impact  upon  the  natural,  scenic,
aesthetic,  ecological, wildlife, historic, recreational or open space
resources of the park, taking into account  the  economic  and  social
benefits   to   be   derived  from  such  project.    In  making  such
determination, the agency shall apply the development considerations.
  3. If, on or before the conclusion of such  thirty-day  period,  the
agency  determines that the project will not be inconsistent with such
provisions or restrictions and will not have an undue  adverse  impact
upon such resources, it shall report its findings to the state agency.
If  the agency determines, at or before the conclusion of such period,
that the  project  might  be  inconsistent  with  such  provisions  or
restrictions,  or  might  have  such an undue adverse impact upon such
resources, it shall notify the state agency by mail, that  the  agency
will  hold  public  hearing  on the project within thirty days of such
notice and, at the same time, issue an order to the state  agency  not
to  undertake  the  project  for  up  to  ninety  days  following  the
commencement of such public hearing. During such ninety-day or  lesser
period,  the  agency  shall  further  review the project and determine
whether or not  it  will  be  inconsistent  with  such  provisions  or
restrictions  or  have  such  undue  adverse  impact. On or before the
conclusion of such ninety-day period,  the  agency  shall  report  its
findings in the manner provided above.
  4.  This  section  shall not apply to any emergency project which is
immediately necessary for  the  protection  of  life  or  property  as
defined by the agency by rule and regulation.
  5.  The  agency  may  adopt,  and have authority to amend or repeal,
rules and regulations, consistent with this  section,  to  govern  its
procedures for the reviews authorized by this section.
		[ Top of Page ]
  S 815. Interim development controls. 1. The legislature hereby finds
that  development  is  taking  place  in  the  Adirondack  park  which
threatens the accomplishment of the basic purpose of this  article  to
insure   optimum   overall   conservation,  protection,  preservation,
development and use of the park`s unique scenic, historic,  ecological
and natural resources. Such development presents an imminent danger to
the integrity of an area of the state which has always been considered
a  priceless  possession  of  the  people  of  this  state.    If such
development is left uncontrolled until the land  use  and  development
plan  is effective and its implementation is underway, the purposes of
this article may  be  irreparably  and  irreversibly  compromised.  It
would, therefore, be prejudicial to the interests of the people of the
state  to  delay  regulatory action until the land use and development
plan becomes effective as adopted in this article.   Accordingly,  the
agency  is authorized until August one, nineteen hundred seventy-three
to exercise the powers set forth in this section.
  2. The agency shall, after public hearing, adopt, and may from  time
to time amend, rules and regulations to carry out the purposes of this
section  for  the review of any proposed development in the Adirondack
park which might have an adverse effect upon the park`s unique scenic,
historic, ecological and natural resources, hereinafter referred to as
a project, including criteria by which such project shall be evaluated
by the agency. Such review shall not include  review  of  projects  on
state  lands  within the park. The rules and regulations of the agency
currently in force and effect shall remain  in  force  to  the  extent
consistent with this section and unless and until otherwise amended.
  3.  Before  adopting  or  amending  such  rules and regulations, the
agency  shall  submit  them  to  the   department   of   environmental
conservation for comments and recommendation.
  4.  Such  rules  and  regulations  may exclude projects in specified
areas or specified kinds of projects and shall exclude (a)  bona  fide
management, including logging, of forests, woodlands or plantations or
the  construction  or  maintenance of woodroads, landings or temporary
structures, directly associated with such management,  (b)  bona  fide
management  of  land  for agriculture, livestock raising, horticulture
and orchards and (c) any project involving less than  five  acres  and
fewer than five lots, from review under this section.
  5.  Such  rules  and regulations shall set forth a procedure for the
informal discussion of preliminary and informal plans  for  a  project
and  for  preliminary  approval  or recommendations by the agency with
respect to the project. Such informal  discussion  shall  be  optional
with  the  project  sponsor,  and  no  such  preliminary  approval  or
recommendations by the agency shall relieve any agency or person  from
complying with any provision of this section.
  6.  This  section  shall not apply to any emergency project which is
immediately necessary for  the  protection  of  life  or  property  as
defined by the agency by rule and regulation.
  7.  A  public  or  private agency or person proposing to undertake a
project subject  to  review  under  this  section  or  the  rules  and
regulations   adopted   hereunder,   shall  submit  to  the  agency  a
description thereof, in such form and manner as shall be sufficient to
enable the agency to make the findings and determinations required  by
this  section. For a period of ninety days following the submission of
such description to the agency, or until  such  earlier  time  as  the
agency  may  specify,  such  agency  or  person shall not undertake or
continue such project.  The agency shall review  such  description  to
determine  the  effect  of  the  proposed  project  upon  the  scenic,
historic, ecological and natural resources of the park, and to  assess
the   commercial,   industrial,  residential,  recreational  or  other
benefits of the project.
  8. If, on or before the conclusion of  such  ninety-day  period  and
after  a  public  hearing  is  held  on the project in accordance with
subdivision nine the agency finds that the proposed project (1) is not
in substantial conformity with the policies of this  article  and  (2)
would  have  a  substantial  and  lasting  adverse  impact  upon  such
resources of the park, it may issue an order upon the project  sponsor
prohibiting  the  commencement  or  continuation  of the project until
August first, nineteen hundred seventy-three. The findings  and  order
of the agency shall be in writing and notice of the findings and order
shall  be mailed to persons to whom it is directed at their last known
address.
  9. Notice of a formal hearing shall be given by conspicuous  posting
of  the  land  which  is  or  will  be subject to the agency action in
question and by publication at least once in a  newspaper  of  general
circulation  in  the county or counties wherein such land is situated.
In addition, individual notice shall be given by depositing  the  same
in the mails addressed at the last known address to:
  (1)  The  owner or owners of the land which is or will be subject to
the agency order; (2) the public or private agency or person proposing
to undertake the project;  and  (3)  the  local  government  or  local
governments  exercising jurisdiction over the land which is or will be
subject to the agency order.  Notices shall be given  at  least  seven
days  in  advance  of  the  hearing  and  shall  contain  a  statement
describing the matters to be considered at the hearing, the  time  and
place where further details may be obtained, and the time and place of
the hearing.
  10. Any review and determination made pursuant to this section shall
take into account existing local controls.
  11.   All  orders  made  by  the  agency  shall  be  enforceable  by
appropriate proceedings at  law  or  in  equity  and  any  person  who
violates  any  provision  of  this  section  or rules, regulations and
orders adopted pursuant thereto may be fined for not  more  than  five
hundred dollars or imprisoned not more than thirty days, or both. Each
day  the violation continues is hereby deemed to be a separate offense
for purposes of determining the amount of such  fines  and  length  of
imprisonment.
  12.  A  project  which has been approved by the agency shall also be
subject to approval by local government if such approval  is  required
by law.
  13.  In  regard  to  a  project with respect to which the ninety-day
period specified in subdivision seven hereof has been commenced on  or
before  July  thirty-first, nineteen hundred seventy-three, unless the
agency approves said project in accordance with the provisions of this
section, the project sponsor may not undertake said project if  it  is
of  a  type  subject to the agency`s project review jurisdiction under
section eight hundred nine until the sponsor  has  obtained  a  permit
therefor as required therein.
  14.  If  the  agency approves a project reviewed under this section,
the project sponsor may request, within ten days thereafter,  and  the
agency  shall  issue  within ten days after receipt of such request, a
certificate to the effect that the project  is  approved  and  may  be
undertaken  or  continued,  and  that permit therefor as called for in
section eight hundred nine is not required for such project so long as
the  project  is  completed  within  two  years after issuance of such
certificate. Irrespective of whether a certificate is issued  pursuant
to  this  section,  a  permit shall be required for the undertaking or
continuation of a project approved under this section if such  project
is not completed within two years after its approval.
  15.  For  the purposes of this section, the term "development" shall
mean any activity which materially affects  the  existing  conditions,
use  or appearance of any land, structure or improvement including the
division of any land into parcels or units but shall not  include  the
division  of  any  land  resulting  from  devise, inheritance, gift or
operation of law.
		[ Top of Page ]
  S 816. Master  plan for management of state lands. 1. The department
of environmental conservation is hereby  authorized  and  directed  to
develop,  in consultation with the agency, individual management plans
for units of land classified in the  master  plan  for  management  of
state lands heretofore prepared by the agency in consultation with the
department of environmental conservation and approved by the governor.
Such  management  plans  shall  conform  to the general guidelines and
criteria set forth in the master plan. Until amended, the master  plan
for  management  of  state  lands  and the individual management plans
shall guide the development and  management  of  state  lands  in  the
Adirondack park.
  2.  The  master  plan  and  the individual management plans shall be
reviewed periodically and may be amended from time to time,  and  when
so  amended  shall  as  amended  henceforth  guide the development and
management of state lands in the Adirondack park.   Amendments to  the
master  plan shall be prepared by the agency, in consultation with the
department of environmental conservation, and submitted  after  public
hearing to the governor for his approval.
  3.  The agency and department are hereby authorized to develop rules
and regulations necessary, convenient or desirable to  effectuate  the
purposes of this section.
		[ Top of Page ]
  S 817. Activities  of  the  United States in the Adirondack park. 1.
It is hereby declared to be the policy of this state that new land use
or development or acquisition of land by the United States within  the
Adirondack park shall conform to the land use and development plan and
the  master  plan  for  the  management  of  state  lands  so  far  as
practicable, and to any further extent as the Congress of  the  United
States may by law provide.
  2. The agency may, upon request of the United States, advise whether
any  particular  proposed land use and development or acquisition will
conform to the land use and development plan or the master plan.
		[ Top of Page ]
  S 818. Judicial review. 1. Any act, omission, or order of the agency
or of any officer or employee thereof, pursuant to or within the scope
of  this  article,  may  be  reviewed at the instance of any aggrieved
person in accordance with article seventy-eight of the civil  practice
law  and rules, but application for such review must be made not later
than sixty days from the effective date of the order or the date  when
the act or omission occurred.
  2.  Any  local government which appears as a party in any proceeding
before the agency, shall have standing to have the  agency`s  decision
on  such  project  reviewed  pursuant  to article seventy-eight of the
civil practice law and rules.
		[ Top of Page ]
  S 819. Applicability.  1.  No  provision  of  this  article shall be
construed to prohibit any local government from adopting and enforcing
land use and development controls for lands, other than those owned by
the state.
  2. Any local land use program which  has  been  validly  enacted  or
adopted   by   a   municipality   shall   be   valid  and  enforceable
notwithstanding its not having been approved by the  agency,  and  any
new land use or development or subdivision of land shall be subject to
the  provisions  of  such  local land use program and to the shoreline
restrictions contained in section eight hundred six. If the agency has
project review jurisdiction over any such land use or  development  or
subdivision  of  land under section eight hundred nine, such land use,
development or subdivision shall, in addition to its being subject  to
the  provisions of any such local land use program, be subject to such
agency jurisdiction. The project sponsor may not undertake or continue
such land use,  development  or  subdivision,  however,  or  any  part
thereof,  notwithstanding  the  granting  of  a permit therefor by the
agency, unless such undertaking or continuance is  also  permitted  by
the  municipality  under  and in accordance with the provisions of its
local land use program.
  3. No provision of this article shall be deemed to prohibit any land
use and development or subdivision  of  land  existing  prior  to  the
effective  date  of this article, including those uses and development
and subdivisions of land expressly not subject  to  agency  review  as
provided in section eight hundred eleven.
  4.  Nothing in this article shall be construed to empower the agency
to acquire any interest in real property by purchase or  condemnation.
No  right of first refusal or first option to purchase in favor of the
agency, the department of  environmental  conservation  or  any  other
state  agency  shall in any way be created by this article or the land
use and development plan.
  5. Nothing in this  article  shall  be  construed  to  supersede  or
replace  or  diminish in any way any regulatory or review authority of
any other state agency.
		[ Top of Page ]
  S 820. Severability.   If   any  section  of  this  article  or  the
application thereof to any person or circumstances shall  be  adjudged
invalid  by  a court of competent jurisdiction, such order or judgment
shall be confined in its operation to the controversy in which it  was
rendered,  and  shall  not  affect  or invalidate the remainder of any
provision of any section or the application of any part thereof to any
other person or circumstance and to this end the  provisions  of  each
section of the article are hereby declared to be severable.

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