Adirondack Park Agency Rules and Regulations

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CHAPTER I INTRODUCTION AND DEFINITIONS
PART 570 INTRODUCTION; DEFINITIONS USED IN THESE REGULATIONS
(Statutory authority: Executive Law, Article 27; Environmental Conservation Law, Article 15, Title 27; Article 24)
Section 570.1 Statutes administered by the agency
Section 570.2 Organization of these regulations
Section 570.3 Definitions used in these regulations

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Section 570.1 Statutes administered by the agency. The agency administers the Adirondack Park Agency Act (Executive Law, article 27), the Freshwater Wetlands Act (Environmental Conservation Law, article 24) within the Adirondack Park and, for private lands within the Adirondack Park, the Wild, Scenic and Recreational Rivers System Act (Environmental Conservation Law, article 15, title 27).

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Section 570.2 Organization of these regulations. (a) These regulations should be read in conjunction with the Adirondack Park Agency Act, the Freshwater Wetlands Act and the Wild, Scenic and Recreational Rivers System Act. (b) The statutes are administered through (1) permit requirements and (2) restrictions applying whether or not a permit is required, which must be adhered to unless a variance is granted. (c) The procedures for determining whether a permit and/or variance is required are set forth in Part 571 of these regulations. (d) The procedures for the review of permit and variance applications are set forth in Part 572 of these regulations. (e) The substantive permit and variance requirements of the Adirondack Park Agency Act are separately set out in Parts 573-576 of these regulations. (f) Special provisions relating to wild, scenic and recreational rivers and to freshwater wetlands are set forth in Parts 577 and 578 of these regulations, respectively. (g) These regulations also contain provisions with respect to State agency projects (Part 579), hearing procedures (Part 580), enforcement (Part 581), local and regional land use planning (Parts 583 and 584), and the requirements of the State Environmental Quality Review Act, Freedom of Information Law, and Open Meetings Law (Part 586).

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Section 570.3 Definitions used in these regulations. The definitions of section 802 of the Adirondack Park Agency Act, some of which are clarified in this section, and the additional definitions set forth in this section, shall apply to these regulations. Certain definitions which apply only to wild, scenic and recreational rivers and river areas or only to freshwater wetlands are set forth in sections 577.2 and 578.3 of these regulations, respectively. Certain other definitions with limited applicability may be found in other Parts of these regulations.

(a) (1) * 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. (2) Guest cottages as accessory structures shall only be used for occasional occupancy by guests of the residents of the primary dwelling.

(b) (1) * 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. (2) Professional, commercial or artisan activities in residential structures or in accessory structures on the same premises shall be considered accessory uses if they (i) involve the employment at one time of not more than two persons not residing on the premises, (ii) will involve the use of not more than two signs, non-illuminated and not larger in the aggregate than five square feet in size, and (iii) otherwise meet the definition of accessory use.

(d) * Approved local land use program means any local land use program approved by the agency pursuant to section 807 of the Adirondack Park Agency Act.

(e) Boathouse means a structure with direct access to a navigable body of water: (1) which is used for the storage of boats and associated equipment, and (2) which does not have bathroom or kitchen facilities and is not designed or used for lodging or residency.

(f) (1) Campground means any area designed and in fact used for transient occupancy by camping in tents, camp trailers, travel trailers, motor homes or similar facility designed for temporary shelter, without structural additions to or removal of wheels from vehicles admitted. (2) For the purpose of this definition, camp trailers, travel trailers, motor homes or similar facility designed for temporary shelter shall not include any single vehicle exceeding eight feet in width or 35 feet in length or vehicles including a trailer or semi-trailer or any combination exceeding eight feet in width or a total of 55 feet in length nor shall any campground permit structural additions to or removal of wheels from vehicles admitted or furnish all-weather water supply or sewage disposal connections at individual sites.

(h) * Class A regional project and class B regional project mean the land uses and developments and subdivisions of land listed in section 810 of the Adirondack Park Agency Act.

(i) (1) Clearcutting means any cutting of trees over six inches in diameter at breast height over any 10-year cutting cycle where the average residual basal area of such trees after such cutting is less than 30 square feet per acre, measured within the area harvested. (2) Provided, however, that where regeneration is assured by stand conditions such that after such cutting the average residual basal area of trees at least one inch in diameter at breast height is at least 30 square feet per acre, measured within the area harvested, a clearcut will not be deemed to have taken place unless the average residual basal area of trees over six inches in diameter at breast height is less than 10 square feet per acre, similarly measured. (3) Rules with respect to agency jurisdiction and review of clearcutting are set forth in section 573.7 of these regulations.

(j) * Commercial sand and gravel extraction means any extraction from the land of more than 50 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.

(k) * 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 lists of primarily and secondarily compatible uses set forth in section 805(3) of the Adirondack Park Agency Act.

(l) Critical environmental area means: (1) in a hamlet area, wetlands; (2) in moderate intensity use, low intensity use, rural use and resource management areas:(i) wetlands, (ii) lands at elevations of 2,500 feet or more, (iii) lands within 1/8 mile of State lands classified wilderness, primitive or canoe by the State Land Master Plan, and (iv) lands within 1/4 mile of rivers navigable by canoe designated by section 15-2715 of the Environmental Conservation Law to be studied for inclusion in the wild, scenic and recreational rivers system. The rivers to be studied are listed in Appendix Q-6 of these regulations; (3) in rural use areas, lands within 150 feet of, and in resource management areas, lands within 300 feet of, the edge of the rights-of-way of State or Federal highways, or such county highways as may be designated as major travel corridors by rule or regulation of the agency or in an approved local land use program.

(m) Development considerations means the list of factors relating to the potential for undue adverse impact upon the resources of the Adirondack Park contained in section 805(4) of the Adirondack Park Agency Act and section 574.5 of these regulations and considered by the agency in reviewing a class A or class B regional project. Certain of the development considerations are further defined for this purpose in section 574.5 of these regulations.

(n) * Existing land use or development or existing use means any land use or development in existence at any given time. (In existence is defined in subdivision (s) of this section.)

(o) Freshwater wetland or wetland means wetlands as defined in subdivision (aaa) of this section.

(p) (1) * 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. (2) Rules with respect to conversion of group camps pursuant to section 811 (1) (b) of the Adirondack Park Agency Act are set forth in section 574.8 of these regulations.

(q) Hunting and fishing cabin and private club structure shall mean a cabin, camp or lean-to or other similar structure designed for occasional occupancy for hunting, fishing or similar purposes.

(r) Immediate family means parents, children, brothers and sisters, grandparents, grandchildren and spouses. The term includes members of a family, whether by adoption or blood relation, and includes half-blood members.

(s) * In existence means: (1) with respect to any land use or development, including any structure, that such use or development has been substantially commenced or completed, and (2) 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.

(t) * 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 does 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.

(u) Land use and development plan or plan means the Adirondack Park land use and development plan prepared by the agency and adopted in section 805(1) of the Adirondack Park Agency Act, including the plan map; the provisions of the plan as contained in section 805(3) and section 805(4) of the Act and sometimes referred to as the "provisions of the plan"; and the shoreline restrictions contained in section 806 of the Act.

(v) * Land use areas means the six land use areas of the land use and development plan delineated on the plan map and described in section 805 (3)(c)-(h) of the Adirondack Park Agency Act.

(w) Large-scale projects means those projects for which, because of (1) a substantial amount of land or number of lots, (2) a lengthy construction time, (3) technical complexities, or (4) any other reason, the requirement of furnishing all final detailed engineering and planning information and other detailed data necessary for the issuance of a permit for development of the project at any one time may be unduly burdensome.

(x) Local government means any town or village whose boundaries lie wholly or partly within the Adirondack Park, except that such term shall not include that portion of a town within any incorporated village.

(y) 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, including 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.

(z) (1) Major public utility use means any electric power transmission or distribution line and associated equipment of a rating of more than 15 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 25 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 50 or more principal buildings. (2) Any use which is subject to the jurisdiction of the Public Service Commission pursuant to article seven or eight of the Public Service Law or other prior approval by the Public Service Commission pursuant to the Public Service Law is not a major public utility use for the purpose of these regulations 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 these regulations.

(aa) (1) * Mean high water mark means the average annual high water level. (2) Procedures for determining mean high water marks are set forth in section 571.3 of these regulations.

(bb) 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 excavations, including the construction or alteration of mine roads, mine tailing piles or dumps and mine drainage.

(cc) * Mineral extraction structure means any mine hoist; ore reduction, concentrating, sintering or similar facilities and equipment; administrative building; garages or other main buildings or structures.

(dd) * 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.

(ee) * 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.

(ff)(1) Multiple family dwelling means an apartment, town house, condominium, cooperative 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. (2) Multiple family dwelling shall also include any such building containing two or more separate dwelling units used on a time-sharing, leased time or other similar basis whereby more than one person, group of persons or family has a legal right of occupancy at differing times.

(gg) * New land use or development or new land use means any land use or development that is not a preexisting use.

(hh) * New subdivision of land or new subdivision means any subdivision of land that is not a preexisting subdivision.

(ii) (1) 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. (2) A use involving filling of wetlands or substantial construction or land disturbance is not an open space recreation use.

(jj) Overall intensity guidelines means the following guidelines for development of the private land use areas of the park:

Land use area	Approximate number of principal buildings per square mile
Hamlet	No guideline
Moderate intensity use	500
Low intensity use	200
Rural use	75
Resource management	15
Industrial use	No guideline

(kk) * Person means any individual, corporation, partnership, association, organization, trustee, municipality or other legal entity, but shall not include the State or any State agency.

(ll) Preexisting land use or development or preexisting use means any land use or development, including any structure, lawfully in existence prior to August 1, 1973. For the purposes of this definition, lawfully means in full compliance with all applicable laws, rules and regulations, including possession of and compliance with any permit or other approval required under the Public Health Law, the Environmental Conservation Law, or any local or other governmental regulation.

(mm) Preexisting subdivision of land or preexisting subdivision means any subdivision or portion of a subdivision lawfully in existence prior to August 1, 1973. For the purposes of this definition, lawfully shall have the meaning set forth in subdivision (ll) of this section.

(nn) Principal building means any one of the following: (1) a single family dwelling or mobile home constitutes one principal building; (2) a tourist cabin or similar structure for rent or hire involving 300 square feet or more of floor space constitutes one principal building; (3) each dwelling unit of a multiple family dwelling, including each separate dwelling unit used on a time-sharing, leased time or other similar basis whereby more than one person, group of persons or family has a legal right of occupancy at differing times, constitutes one principal building; (4) 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 300 feet of floor space constitutes one tenth of a principal building; (5) each commercial use structure and each industrial use structure in excess of 300 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 11,000 square feet of floor space or portion thereof of such commercial use structure constitutes one principal building; (6) 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 one principal building; (7) any other structure which exceeds 1,250 feet of floor space constitutes one principal building; (8) 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.

(oo) Project sponsor means any person having a legal interest in property, including a landowner, tenant, mortgagee, contract vendee, or optionee, and who makes application to the agency or a local government for the review of a project proposed on such property.

(pp) Rivers project means those new land uses, developments or subdivisions of land requiring a permit pursuant to section 577.5 of these regulations.

(qq) * Shoreline means that line at which land adjoins the waters of lakes, ponds, rivers and streams within the Adirondack Park at mean high water.

(rr) Shoreline restrictions means those restrictions upon land use and development or subdivision of land contained in section 806 of the Adirondack Park Agency Act and Part 575 of these regulations.

(ss) * Single family dwelling means any detached building containing one dwelling unit, not including a mobile home.

(tt) * 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.

(uu) State Land Master Plan means the master plan for the management of State lands referred to in section 816 of the Adirondack Park Agency Act.

(vv)(1) 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. (2) For the purposes of applying the conversion provisions of section 811(1)(b) of the Adirondack Park Agency Act, structure is defined in section 574.8 of these regulations. (3) For the purpose of Part 577 of these regulations pertaining to wild, scenic and recreational rivers, structure is defined in section 577.2(u) thereof.

(ww)(1) 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 or 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. (2) Subdivision includes, but is not limited to: (i) residential subdivisions, which may include surveyed lot lines, building sites, roads, utilities, water and sewerage facilities, and the like; (ii) subdivisions where land is divided into sites by lease, license or separate occupancy without any formal conveyance of fee title or other interest in realty, such as the granting of permission for emplacement of a number of mobile homes, or the construction of a single family dwelling or mobile home on a lot already containing an existing single family dwelling or mobile home; (iii) subdivisions consisting of land transfers for nonresidential purposes, such as large-scale bulk land sales; (iv) subdivisions not pursuant to a filed plat, such as the division of a farm or forested tract into parcels of acreage larger than conventional homesite lots, whether or not construction is planned. (3) The mere filing of maps, plats or plans required by statute, or entering into a contract of sale or other agreement where possession of or title to land is not actually or constructively transferred, shall not be considered the undertaking of a subdivision. Undertake is further defined in subdivision (yy) of this section. (4) Subdivision of land shall not include the lease of land for hunting and fishing and other open space recreation uses.

(xx) * Tourist accommodation means any hotel, motel, resort, tourist cabin or similar facility designed to house the general public.

(yy)(1) Undertake means commencement of a material disturbance of land, including the commencement of road construction, grading, the installation of utilities, clearing of building sites, excavation (including excavation for the installation of foundations, footings and septic systems), or commencement of landscaping or any other material disturbance of land preparatory or incidental to a proposed land use or development or subdivision. (2) Undertake also means in the case of a subdivision to execute and to deliver any contract, mortgage or conveyance which actually or constructively transfers possession of or title to land. (3) Preliminary field survey work unaccompanied by more than minimal vegetative clearing necessary for such purposes, the digging of soil test pits, the performing of soil percolation tests and other minor site inspections, the staking of lots or the securing of other approvals or permits required by law, shall not be considered undertaking a project.

(zz) Watershed management or flood control project means any dam, impoundment, dike, riprap or other structure or channelization or dredging activity designed to alter or regulate the natural flow or condition of a river or permanent or intermittent stream or the natural level or condition of lake or pond. 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 purpose of these regulations.

(aaa)(1) Wetlands or freshwater wetlands means any land annually subject to periodic or continual inundation by water and commonly referred to as a bog, swamp or marsh, which is (i) one acre or more in size, or (ii) 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. (2) Open waters immediately adjacent to a wetland and lands entirely surrounded by a wetland will be considered part of the wetland if these areas are essential to the preservation of the wetland vegetation. (3) The definition of wetlands is stated in technical terms in section 578.3(k) of these regulations. Lands will not be considered wetlands unless they also meet that definition. (4) Procedures for determining the existence of wetlands are set forth in section 571.2 of these regulations.

(bbb) Wetlands project means those activities in freshwater wetlands or adjacent areas requiring a permit pursuant to section 578.2 of these regulations.

*FOOTNOTE: Indicates verbatim statutory definitions of section 802 of the Adirondack Park Agency Act. In certain instances, secondary paragraphs clarify statutory definitions for the purpose of these regulations.

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CHAPTER II Regulation of Land Use and Development and Subdivision of Land
PART 571 Determination of Agency Permit or Variance Jurisdiction
PART 572 Procedures for the Review of Projects and Variances
PART 573 Jurisdiction of Projects Pursuant to the Adirondack Park Agency Act
PART 574 Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act
PART 575 Shoreline Restrictions of the Adirondack Park Agency Act
PART 576 Standards for the Review of Variances Pursuant to the Adirondack Park Agency Act
PART 577 Special Provisions Relating to Wild, Scenic and Recreational Rivers
PART 578 Special Provisions Relating to Freshwater Wetlands
PART 579 Special Provisions Relating to Projects by State Agencies
PART 580 Hearing Procedures
PART 581 Enforcement

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PART 571 DETERMINATION OF AGENCY PERMIT OR VARIANCE JURISDICTION
(Statutory authority: Executive Law, Article 27; Environmental Conservation Law, Article 15, Title 27; Article 24)
Section 571.1 Determination of agency permit or variance jurisdiction
Section 571.2 Determination of the existence of a wetland
Section 571.3 Determination of mean high water
Section 571.4 Determination of navigability of river or stream
Section 571.5 General rules for determinations made pursuant to this Part

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Section 571.1 Determination of agency permit or variance jurisdiction. (a) The agency will, upon request of any person having a legal interest in property and contemplating land use or development or subdivision thereon, determine whether an agency permit is required, or whether a variance is required from the shoreline restrictions or other restrictions of these regulations. (b) A request may be made by submitting a completed jurisdictional inquiry form to the agency at its headquarters in Ray Brook or at any of its district offices, or to any office of the Department of Environmental Conservation or the Department of Health listed in Appendix Q-1 of these regulations.

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Section 571.2 Determination of the existence of a wetland. The agency will, upon request of any person having a legal interest in property and contemplating a land use or development or subdivision within the boundaries of wetlands thereon, determine whether wetlands are present, and the exact location of wetland boundaries.

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Section 571.3 Determination of mean high water. (a) The agency will, upon request of any person having a legal interest in property and contemplating land use or development or subdivision thereon, determine the mean high water mark of any lake, pond, river or stream at relevant points. (b) Where recorded hydrological data allow, the agency will provide mean high water expressed as an elevation above mean sea level for the water body involved, and will list it in Appendix Q-2 of these regulations. (c) Where recorded hydrological data cannot be used, the agency will physically locate the mean high water mark upon the land in question, utilizing standard vegetative tests, water marks, soil characteristics and other means customarily employed in making such determinations. (d) The agency will generally accept the written and certified determination of a professional land surveyor licensed by the State of New York of the mean high water mark on any particular lot. (e) Except where it clearly appears, based upon inspection of the lot, that the original determination was inaccurate, the agency will generally accept any determination of mean high water set forth in a deed to the premises. (f) Where the application of subdivision (b), (c), (d) or (e) of this section yields materially different results, the agency will reasonably fix the mean high water mark in the exercise of discretion.

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Section 571.4 Determination of navigability of river or stream. The agency will, at the request of any person having a legal interest in property and contemplating land use or development or subdivision thereon subject to the shoreline restrictions, determine whether a given river or stream or portion thereof is navigable for the purposes of section 806 of the Adirondack Park Agency Act and these regulations.

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Section 571.5 General rules for determinations made pursuant to this Part. (a) Requests pursuant to this Part may be made by any person having a legal interest in the property in question, including a landowner, tenant, mortgagee, contract vendee or optionee. The agency will endeavor to respond to all requests, in writing, within 15 days of receipt. (b) The agency will be bound by any determination made pursuant to this Part when signed by its executive director, director of operations, project administrator or counsel, and when there has been material detrimental reliance thereon. No binding oral determinations can be made. The agency will not be bound in the case of misrepresentation or error in the facts or intentions stated in any inquiry made pursuant to this Part. (c) A letter from the agency with respect to its permit or variance jurisdiction shall not excuse the responsible person from obtaining any other approvals or permits required by other governmental agencies, such as the Department of Environmental Conservation, Department of Health, or local governments. (d) A determination made pursuant to subdivision (b) of this section may be appealed to the agency by the person who requested it under the procedures set forth in section 588.2 of these regulations.

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PART 572 PROCEDURES FOR THE REVIEW OF PROJECTS AND VARIANCES
(Statutory authority: Executive Law, Article 27; Environmental Conservation Law, Article 15, Title 27; Article 24)
Section 572.1 Procedures for review of projects; general rule
Section 572.2 Project sponsor's options
Section 572.3 Preliminary consultations and conceptual review
Section 572.4 Permit application requirements generally
Section 572.5 Expedited review of minor projects
Section 572.6 General requirements for review of large scale projects or other projects to be undertaken in sections
Section 572.7 Notice of application incompletion and additional Section information request
Section 572.8 Notice of application completion and advisory comments
Section 572.9 Site inspections by the agency
Section 572.10 Projects which require variances
Section 572.11 Director of operations authority to approve certain projects
Section 572.12 Initial review of projects by operations committee
Section 572.13 Review of class A regional projects in land use areas governed by an approved local land use program
Section 572.14 Public hearings on projects
Section 572.15 Procedures for review of variances
Section 572.16 Special procedures applicable to certain variance applications
Section 572.17 Agency decision on variance applications
Section 572.18 Initial review of variances by operations committee
Section 572.19 Amendment of permits and variances
Section 572.20 Renewal of permits
Section 572.21 Recording, effect, and transfer of permits
Section 572.22 Appeals and request for reconsideration

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Section 572.1 Procedures for review of projects; general rules. (a) All class A and class B regional projects, rivers projects and wetlands projects shall be reviewed according to the procedures of section 809 of the Agency Act and this Part. (b) State agency projects except those which are class A or class B regional projects shall be reviewed according to the procedures of section 814 of the Agency Act and Part 579 of these regulations. (c) The agency may enter into written agreements with other state agencies to enhance the exchange of information and to establish coordinated pre-application, application and review procedures. (d) Any such agreements may provide that (unless in the opinion of the agency board a project sponsor establishes good cause to do otherwise) no application to the Adirondack Park Agency shall be deemed complete until all other state agencies, that are party to the agreement and have review and permitting jurisdiction over the same project site have, in the opinion of each, received sufficient application materials that they have, respectively, deemed the applications made to them to be complete.

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Section 572.2 Project sponsor's options. (a) Pre-application procedures. Prior to applying for a permit, a project sponsor may seek preliminary consultations and/or conceptual review pursuant to section 572.3 of this Part. (b) Application procedures. Whether or not he has sought preliminary consultations and/or conceptual review, a project sponsor may: (1) apply for a permit pursuant to the general application procedures of section 572.4 of this Part; or (2) if the project is a minor project (single family dwelling, mobile home or subdivision involving two lots, parcels or sites), apply for a permit pursuant to the expedited procedures of section 572.5 of this Part; or (3) if the project is a large scale project, or other project to be undertaken in sections, apply for a permit pursuant to section 572.6 of this Part.

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Section 572.3 Preliminary consultations and preapplication conceptual review. (a) Any sponsor of a proposed large scale project may request preliminary consultations and an informal assessment of the proposed project and site by the agency staff. A general description of the proposed project and general information concerning the project site should be provided. A sponsor may also request written recommendations from agency staff. (b) (1) Any project sponsor of a proposed large scale project may after preliminary consultations and informal assessment with staff as provided in subdivision (a) request preapplication conceptual review by the regulatory programs committee. (2) Requests for preapplication conceptual review shall be submitted in writing to the director of regulatory programs. The request shall include identification of the project site and a statement of the goal(s) of the project, and any reasonable alternative preliminary project designs which also achieve the project goal(s). Should a project sponsor believe that no reasonable alternatives exist which achieve the project goal(s), the project sponsor may include a statement describing the reasons for such a conclusion. Upon receipt of a conceptual review request, agency staff may provide an individualized request for additional information regarding the project and any reasonable alternatives which would achieve the project goal(s). Agency staff shall also publish notice of the request for conceptual review in the Environmental Notice Bulletin. (3) The staff shall, within 45 calendar days, review the materials once all the information agreed to has been submitted and formulate recommendations to the regulatory programs committee. The Agency may solicit public comment on the project sponsor�s materials and the recommendations of staff. The staff recommendations to the regulatory programs committee shall include consideration of the calculation of the overall intensity guidelines, the compatibility of the project with the land use area and community, and potential impacts of any alternatives under consideration. The staff shall also recommend its preferred alternative, shall identify any issues that should be addressed in the permit application as can be identified in the information provided, suggest guidelines for the development of the final plan, and make any other recommendations relevant to impacts and approvability of the project or alternatives. (4) Should staff conclude, within 45 calendar days, that a project sponsor has provided insufficient information as part of a request for conceptual review specified in Part 572.3(b)(2), staff shall recommend to the regulatory programs committee that the committee deny the applicant�s request for conceptual review. The recommendation shall specify the deficiency of the information provided regarding the project site, goal(s) of the project, and/or reasonable alternative preliminary project designs. (5) The request for preapplication conceptual review and the staff recommendation shall be presented to the regulatory programs committee, which shall consider the matter at a regularly scheduled meeting at which members of the general public are invited to be heard. The agency shall provide reasonable prior notice to the public of such meeting and of the opportunity to be heard. After the meeting, and the expiration of an additional 30-day period for public comment, the committee shall provide its recommendations in writing. (6) The members of the committee shall endeavor, through the formulation of consensus recommendations, to provide the project sponsor as much guidance as possible in the design of the project to conform with pertinent approval criteria. (7) The amount and value of guidance which can be expected in preliminary consultations and conceptual review is dependent on the quality of the information provided. In this respect such information (including when requested permission to enter upon the project site) will be critical to that guidance; and thus should be provided as soon as reasonably practical. (d) Plans and information provided by the sponsor shall not be binding upon the sponsor, nor shall findings or recommendations by the agency members or staff for purposes of this section constitute authorization to commence the project and shall not be binding upon the agency with respect to any subsequent permit application or other approval for the proposed project.

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Section 572.4 Permit application requirements generally. (a) Applications for permits shall be submitted to the agency at its headquarters in Ray Brook, or at any district office of the agency, or to any office of the Department of Environmental Conservation or the Department of Health listed in Appendix Q-1 of these regulations.

(b)(i) Applications may be submitted only by a �project sponsor,� as defined in section 570.3 (oo) of these regulations, shall contain the signature of the owner of record of the land involved as coapplicant, and shall contain a description of the project in the form and manner required in the appropriate application form. (ii) All applications for subdivisions shall be accompanied by a survey or deed plot prepared by an appropriately qualified person to so act in this state. For purposes of this section, the term �deed plot� shall mean a scaled sketch map depicting the property boundaries as set forth in the property deed. (iii) All applications for subdivisions shall also be accompanied by a site plan map. In the case of subdivision projects involving five or more lots, parcels or sites, the site plan map shall be prepared by an appropriately qualified person to so act in this state. (iv) In this section, �site plan map� means: The scaled development plan for one or more lots on which are shown the existing and proposed natural and man-made conditions of the lot in the vicinity of the proposed development. Conditions that should be shown if present on the site include water bodies, wetlands, floodplains, vegetation, roads, utilities, structures and buildings, water and sewage systems and other resources that may be impacted by a proposed development. (v) The director of operations is authorized to grant an exception to any of the information requirements of paragraph (iv) in cases where such information is not necessary to determine adverse impact to site resources or compliance with law.

(c) Where agreed to by the local government involved, each application shall be accompanied by a form signed by an appropriate municipal official indicating (1) whether any permit or approval will be required by the local government, and, if so, whether such permit or approval has been granted or denied, and (2) whether the proposed project is a prohibited use under any local law or ordinance.

(d) The agency may request any additional information and data reasonably necessary to enable it to make the findings and determinations required by section 809 of the Adirondack Park Agency Act or by these regulations. Except in the case of minor projects, the additional information may include: (1) an environmental impact statement containing some or all of the elements described in section 8-0109(2) of the Environmental Conservation Law, including information as to alternatives to the project; (2) an analysis of the ability of the public to provide supporting facilities and services made necessary by the project; (3) a report on the benefits that might be derived from the project; (4) any plans the sponsor has for future development related to the project; (5) any relevant information describing the project sponsor, including financial capacity, and any professional advisors or consultants who participated in the preparation of the application; (6) information related to alternate sites, in the case of projects which are not site-specific, such as antennae, towers, utility lines or other facilities, public buildings and facilities, and in cases where the project sponsor has the power of eminent domain; (7) information related to reasonable alternative means of achieving project goals.

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Section 572.5 Expedited review of minor projects. Single family dwellings, mobile homes or subdivisions of land involving two lots, parcels or sites shall be eligible for the expedited review procedures set forth in this section. (a) Special simplified application forms shall be used. (b) The agency shall, within approximately 15 business days after receipt of a completed application, review and approve all such projects which do not involve a variance to the shoreline restrictions or other provisions of these regulations, and concerning which no public hearing will be held. (c) The agency may issue a permit in lieu of a notice of application completion or incompletion for such projects, in which case the permit shall be deemed to constitute a notice of completion, and a copy of the permit shall be sent to those persons who normally would have received the notice of completion. (d) In its review of projects pursuant to this section, the agency shall consult with appropriate local government officials and may make separate agreements for their timely involvement in the expedited review.

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Section 572.6 General requirements for the review of large scale projects or other projects to be undertaken in sections.

(a) Permits may be granted for the development of large scale projects or other projects to be undertaken in sections, subject to conditions relating to improvements and services for and completion of the total project that the agency deems reasonable and necessary.

(b) No application for a large scale project or other project to be undertaken in sections shall be deemed complete unless it contains sufficient information as to design of the entire project to allow the agency to assess the impact of the entire project pursuant to section 809(9) or 809(10)(e) of the Adirondack Park Agency Act. The agency may request additional information as to the entire project before determining complete the permit application for initial section(s).

(c) In addition to details as to final design of those sections of the project which the sponsor desires to develop first, an application for the review of a large scale project or other project to be undertaken in sections shall contain the following, unless demonstrated by the project sponsor not to be pertinent:

(1) Maps. (i) A project site base map, at a scale appropriate to the project, showing ownership boundary lines, the boundary of the project (if not identical with the property boundaries), owners of inholdings, if any, adjoining and adjacent land-owners, existing facilities, buildings and structures on the site, streams (including intermittent streams), rivers, ponds, lakes and existing roads. (ii) A soils map, at the same scale as the project site base map, delineating all soil series at an appropriate level of detail. (iii) A slope map, at the same scale as the project site base map, indicating contour elevations at intervals to be determined by the agency, and shaded to show slope categories of 0-3%, 3-8%, 8-15%, 15-25%, and 25% +. (iv) A critical areas map, at the same scale as the project site base map, indicating: (a) fragile lands such as shorelines and wetlands; (b) rare or valuable ecosystems and geological formations; (c) significant wildlife habitats; (d) unique scenic or historic areas; (e) natural hazard lands such as 100-year floodplains, areas frequently subject to weather disasters, and areas of unstable geological, ice or snow formations; and (f) renewable resource lands such as aquifers and aquifer recharge areas, mineral resource areas, significant agricultural lands, public watershed lands, areas presently visible from public roads or waterways, and areas that will become visible upon completion of the project. (v) A generalized resource capability map, at the same scale as the project site base map, indicating, through the use of overlay shadings and a development limitation rating system, the cumulative limitations to development due to the above resource maps. This map should be done prior to any survey, engineering, site layout or design work. (vi) A proposed general development map, at the same scale as the project site base map, showing generally areas of proposed development; the approximate number of lots and average size or other type of development in each general area; areas proposed to be retained as open space; the plan map land use area boundaries; the location of proposed facilities such as dams and impoundments, community water systems, storm drainage systems, community sewerage systems, industrial wastewater discharges, and waste disposal areas; the proposed primary road network; and all areas to be disturbed by construction activities.

(2) Narrative and non-map data. A project sponsor will be expected to describe the following, as well as the methodology used to develop, design or ascertain the existence of each item: (i) soil, slope and critical resources data not presented on the base maps; (ii) terrestrial and aquatic flora and fauna; (iii) surface drainage patterns; (iv) aesthetics; (v) adjoining and nearby land uses; (vi) existing on-site land uses; (vii) public transportation facilities; (viii) public water and sewage systems, other public utilities, storm drainage plans; erosion and sedimentation control measures, solid waste disposal methods; alterations to shorelines, wetlands and water bodies; (ix) natural materials to be used in construction; (x) proposed uses of pesticides and herbicides; (xi) sources of air and noise pollution; (xii) outdoor recreational facilities and open-space resources; (xiii) all legal instruments, such as homeowners' association charters and agreements, proposed declarations of covenants, deeds and other documents and instruments of conveyance; (xiv) economic and governmental service considerations, such as existing governmental capabilities, burden or benefit of the project on local levels of employment, and the tax base; and (xv) plans to develop other lands in common with, in a group of, controlling, or controlled by others acting in concert with the sponsor or as part of a common scheme or plan. The agency may require the submission of reasonable additional data, including information listed in section 572.4 of these regulations.

(d) An agency decision relating to a section of a project shall contain findings and conclusions with respect to the likely impact of the entire project and its compliance with section 809(9) or 809(10) of the Adirondack Park Agency Act.

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Section 572.7 Notice of application incompletion and additional information request. (a) Within 15 days after receipt of an application, the agency will advise the project sponsor by certified mail whether or not the application is complete. If the application is incomplete, the agency will provide a concise statement of the additional information required. (b) A project sponsor may appeal a determination that an application is incomplete, or the contents of a request for additional information, under the procedures specified in section 572.22 of these regulations.

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Section 572.8 Notice of application completion and advisory comments. (a) Copies of notices of application completion required to be sent by section 809(2) of the Adirondack Park Agency Act shall also be sent, in the case of non-minor projects, to adjoining landowners to the extent reasonably discernible from the latest completed tax assessment roll. (b) The mailing of a notice shall constitute an invitation to submit written advisory comments on the project. Advisory comments in response to a notice of application completion shall be submitted to the agency at its headquarters in Ray Brook, New York within 15 days of mailing of the notice of application completion, or any lesser time that is agreed upon by the board or official and the agency. (c) Persons receiving copies of a notice are encouraged to discuss any aspect of the project with the agency staff. (d) The issuance of a notice of application completion shall mean that an application is in an approved form and is complete for the purpose of commencing review of the application. During the course of review, reasonable additional information may be required in order to enable the agency to make the findings and determinations required by the Adirondack Park Agency Act or these regulations.

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Section 572.9 Site inspections by the agency. By submitting an application, a project sponsor shall be deemed to have consented to the agency conducting investigations on the project site, at reasonable times and with advance notice where possible, to verify information contained in the application and to determine compliance with the terms and conditions of any permit issued.

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Section 572.10 Projects which require variances. (a) Where a project requires a variance from the shoreline restrictions or other provisions of these regulations, an application for a variance shall be submitted with the project application. (b) The agency will hold a public hearing on any variance application. If a public hearing is also to be held on the project, Part 580 of these regulations shall govern the conduct of the consolidated hearing. A public hearing solely concerning the variance application shall be conducted pursuant to section 572.15 of this Part. (c) The director of operations shall have authority to decide whether the public hearing to consider the variance shall also consider the project.

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Section 572.11 Director of operations authority to approve certain projects. (a) The director of operations may review and approve, or approve subject to conditions, and issue permits for, all projects other than (1) class B regional projects in land use areas governed by an approved local land use program, (2) subdivisions involving 50 or more lots, and (3) projects which have been the subject of a public hearing held pursuant to section 572.15 or Part 580 of these regulations. (b) The director of operations shall report the exercise of such authority at each regular meeting of the agency. (c) The director of operations shall have discretion to refer any project to the agency for review.

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Section 572.12 Initial review of projects by operations committee. (a) The chairman may appoint an operations committee consisting of a minimum of three agency members. A quorum of the committee shall be three of its members. A decision of the committee shall require an affirmative vote of a majority plus one of its members. If no decision is reached upon any matter considered pursuant to this section, it shall be considered by the agency at its next meeting. (b) Initial review of projects. (1) A project before the agency for initial action (including those referred to the agency by the director of operations in the exercise of his discretion), or for action following a public hearing, shall be referred to the operations committee. Certain appeals and requests for reconsideration shall also be referred initially to the operations committee as set forth in section 572.22 of this Part. (2) Following review, the committee shall recommend a decision on each project. Where the committee has been unable to reach a decision, the agency shall take action as provided in the Adirondack Park Agency Act and these regulations. (3) Any agency member may request that the agency schedule full discussion of any recommended decision. (4) The agency may ratify, modify or reverse the committee recommendation.

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Section 572.13 Review of class A regional projects in land use areas governed by an approved local land use program. (a) The following additional procedures shall govern agency review of class A regional projects, other than minor projects, proposed to be located in a land use area governed by an approved local land use program, unless otherwise agreed to by the agency and the local government. (b) The agency shall consult with the planning board of the town or village in which the project is proposed to be located, or with such other body or officer designated by the town or village board. The planning board or other designated body or officer may examine or receive a copy of the application, discuss the project with the agency staff, participate in meetings between the project sponsor or his representatives and the agency staff, and generally participate informally in the review of the project. (c) The planning board or other designated body or officer shall have 30 days following issuance of the notice of application completion, or such shorter period which may have been agreed upon in writing by the agency and the town or village, within which to advise the agency whether the project complies with the local land use program. (d) The agency will accept and adopt as its own findings any recommendations made by the planning board or other designated body or officer as to compliance with the dimensional and other technical requirements of the local land use program, unless such recommendations are inconsistent with the express terms of the local program.

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Section 572.14 Public hearings on projects. Public hearings on projects, except those hearings to be held solely to consider an associated variance application, shall be noticed and conducted in the manner specified in Part 580 of these regulations.

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Section 572.15 Procedures for review of variances. (a) General rule. All variance applications shall be reviewed according to the procedures set forth in this section.

(b) Application requirements. Applications for variances may be submitted only by a person having a legal interest in property and contemplating land use or development or subdivision thereon subject to the shoreline restrictions, shall contain the signature of the owner of record of the land involved as co-applicant, and shall be submitted to the agency at its headquarters in Ray Brook, New York or at any district office of the agency, or to the offices of the Department of Environmental Conservation or the Department of Health listed in Appendix Q-1 of these regulations. Applications shall contain a description of the property involved and the basis of the variance request. The agency may request any additional information reasonably necessary for its review of the variance application.

(c) Site inspections. By submitting an application, an applicant shall be deemed to have consented to the agency conducting investigations on the site, at reasonable times and with advance notice where possible, to verify information contained in the application and to determine compliance with the terms and conditions of any variance granted.

(d) Notice of public hearing. (1) The agency shall, within 15 days of the receipt of a variance application not associated with a project application and any additional information requested, schedule a public hearing to commence within 30 days of scheduling. Failure by the agency to comply with this time period shall not constitute the granting of a variance. (2) Not less than 10 days notice of the hearing shall be sent (i) by certified mail to the applicant and the owner of record of the land involved, if other than the applicant, and (ii) by mail to any landowner within 500 feet of any border of the property (to the extent reasonably discernible from the latest completed tax assessment roll), the planning board chairman and town supervisor or village mayor and the Adirondack Park local government review board. Notice of any public hearing shall also be given at least 10 days in advance by publication in a newspaper having general circulation in the area.

(e) Public hearing on variances. (1) Any person or public agency entitled to individual notice pursuant to paragraph (d)(2) of this section, and, at the discretion of the agency or its hearing officer, any other persons or public agencies, may participate. Hearings shall be informal and legislative in nature. Testimony will consist principally of statements and the agency is not limited to the record of the hearing in its rendering of a decision; provided that the hearing officer shall have authority to adopt such procedures as he deems necessary for the orderly conduct of the hearing, including the formal taking of testimony, cross-examination of witnesses and reasonable imitations on testimony. (2) Public hearings on variances shall be held within the village or town in which the property is located. (3) The burden of demonstrating compliance with the standards set forth in Part 576 of these regulations shall rest with the applicant.

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Section 572.16 Special procedures applicable to certain variance applications. (a) When the director of operations believes that grounds for the variance clearly exist, the notice of hearing shall state that he intends to recommend to the agency that the variance be granted and shall state any conditions which he recommends be imposed. (b) An agency staff member will appear at the hearing solely to receive objections to the granting of the variance. If significant issues are raised, an adjournment will be taken and another hearing will be scheduled.

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Section 572.17 Agency decision on variance applications. The agency shall act upon all variance applications within 45 days of (i) the close of the hearing, if the hearing is tape-recorded, or (ii) the day upon which the stenographic transcript is received by the agency or the record as defined by paragraphs (a) through (e) of subdivision 1 of section 302 of the State Administrative Procedure Act is otherwise complete, whichever is later, or (iii) such other date as may be stipulated by the parties or determined by the presiding officer.

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Section 572.18 Initial review of variances by operations committee. A variance application before the agency for formal action shall be referred to the operations committee, which shall review it initially pursuant to the same procedures as those set forth for the projects in section 572.12(b) of this Part. Certain appeals and requests for reconsideration shall also be referred initially to the operations committee as set forth in section 572.22 of this Part.

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Section 572.19 Amendment of permits and variances. (a) The holder of an agency variance or an agency permit which has not expired may file with the agency a written request for amendment. Such requests shall be governed by section 809(8)(b) of the Adirondack Park Agency Act and this section. (b) The director of operations shall have authority to determine whether a request to amend a permit or variance involves a material change as defined in section 809(8)(b)(1) of the Act, and to issue an amended permit or variance for, or deny, those requests that do not involve a material change. The director of operations may require additional information pertaining to any amendment request, and the statutory 15 day decision period for non-material amendment requests shall not begin to run until such information has been provided. (c) Any request to amend a permit or variance which may involve a material change shall be treated as an application for a new permit or variance pursuant to section 809(8)(b)(2) of the Act, except that a request to amend a condition of a permit or variance without any change in the project proposal, applicable law or environmental conditions or technology may be treated by the agency as an appeal and governed by section 572.22 of this Part. In the case of a request which is treated as a new application, the parties to any public hearing previously held on the project or variance shall be notified of such request.

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Section 572.20 Renewal of permits. (a) A permit for a project which is not in existence within the period specified in the permit shall expire and be void at the end of such specified period unless renewed by the agency pursuant to section 809(8)(b) of the Agency Act and this section.

(b) A request for permit renewal shall be made prior to expiration of the permit. Any request thereafter shall be treated as an application for a new permit.

(c) A timely renewal request shall be reviewed as follows: (1) The director of operations may issue a renewed permit for one additional period (not in excess of the length of the original period specified in the permit) in the case of renewal requests which do not involve a material change in the project proposal, applicable law or environmental conditions or technology. (2) Renewal requests which may involve such a material change shall be treated as an application for a new permit. (3) Requests for renewal of permits which have previously been renewed shall be referred to the operations committee for initial review pursuant to section 572.12 of these regulations. In such a case, the agency may, following committee review, renew the permit, renew the permit with modifications, notify the project sponsor of its intent to hold a public hearing on the request, or deny the request without prejudice to submission of an application for a new permit.

(d)(1) For the purpose of determining if a project (except a subdivision) was in existence within the period stipulated in the permit the agency will consider, among other factors occurring within the period, the nature, extent and cost of structures and improvements completed on commenced and necessary to the new land use and development authorized by the permit. (2) For the purpose of determining if a subdivision (or portion thereof) was in existence within the period stipulated in the permit, the agency will consider, among other factors occurring within the period, (I) the location and number of lots sold relative to the total number of lots in the subdivision, (ii) the location, nature, extent and cost of necessary structures and improvements completed or commenced relative to all other necessary structures and improvements related to the subdivision, and (iii) demonstrated efforts to sell lots. (3) Every project permit issued or renewed by the Agency shall recite the provisions of paragraph (1) or (2) above; as applicable.

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Section 572.21 Recording, effects, and transfer of permits. (a) An agency permit shall expire within 60 days of the date of issuance, unless within such period it shall have been duly recorded in the name of the owner of record of the land involved in the office of the clerk of the county in which the project is to be located. (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 the permit. The right shall extend to, and the terms and conditions of the permit shall be binding upon, the landowner and all subsequent grantees of the land area subject to the permit, except those conditions which are to be performed only by the project sponsor and except as may be otherwise provided in the permit. (c) A subsequent grantee wishing to undertake a project pursuant to the permit shall first obtain a transfer of the permit. Permits may be transferred upon such reasonable conditions, including conditions concerning ability of the person requesting assumption of the permit to complete the project, as the agency may impose in the exercise of discretion.

(a) Appeals of actions taken by the director of operations. (1) Any project sponsor or variance applicant may appeal the following actions of the director of operations to the agency: (i) determinations whether a project or variance application is complete, and the contents of requests for additional information; (ii) conditions precedent to the issuance of, and conditions imposed in, permits issued pursuant to the authority delegated in section 572.11 of these regulations; (iii) determinations pursuant to section 572.19(b) of this Part whether a request to amend a permit or variance involves a material change; (iv) denial or conditional approval of requests to amend permits or variances, or requests to renew permits; (v) any other action with respect to a project or a variance pursuant to delegated authority.

(b) Requests for reconsideration of actions by the full agency. (1) Any project sponsor or variance applicant may request reconsideration of any action taken by the full agency on a project or variance. Six affirmative votes shall be required to grant reconsideration. If reconsideration is granted, eight affirmative votes shall be required to act with respect to the merits of the request. (2) Reconsideration may be granted if the agency finds that the previous action was based on materially erroneous findings of fact or conclusions of law, or that a relevant policy or interpretation has changed since the previous action.

(c) An appeal or request for reconsideration shall be in writing, and shall be filed with the agency not later than 30 days following the action in question. Upon request made within such 30 day period, and for good cause shown, the agency may allow an additional 30 days for filing.

(d) At least 20 days prior to the date the appeal or request is to be considered, the agency shall give notice that it is pending to all persons who received a notice of application completion pursuant to section 809(2) of the Adirondack Park Agency Act and section 572.8 of this Part, and, in the case of variances, and projects subject to a public hearing, to all parties to the hearing, and invite a written response thereto.

(e) New evidence may not be submitted upon any appeal or request for reconsideration. New evidence may be submitted as part of a request to amend a permit pursuant to section 572.19 of this Part, or, for variances or projects subject to a public hearing, by motion to reopen the hearing pursuant to sections 572.15(e) or 580.14(h) of these regulations.

(f) The terms and conditions of any permit or variance shall be complied with while the appeal or request is pending.

(g) An appeal or request shall be referred initially to the operations committee, which shall make an advisory recommendation to the agency.

(h) The agency shall act on an appeal or request within 90 days of its filing. The statutory time periods in sections 806 and 809 of the Adirondack Park Agency Act shall not run during the time an appeal or request is pending. A decision upon appeal or reconsideration may consist of any determination which the agency might make pursuant to sections 806 and 809 of the Adirondack Park Agency Act and these regulations.

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Section 572.23 General Permits. (a) The agency may approve a general permit for any class of projects in relation to which the agency makes the requisite statutory findings and determinations on a general basis in compliance with the following provisions. (b) The agency may propose issuance of any general permit, by the adoption of a resolution in writing specifying with respect to each such permit: (i) the geographic area eligible for the permit; (ii) the time period for which the permit will be effective; (iii) the basis of jurisdiction under section 809 of the agency act and/or articles 15 or 24 of the environmental conservation law; (iv) the activity or activities authorized by the permit or permits, including their probable extent and frequency; (v) findings of fact, conclusions of law and mitigating conditions to address potential adverse environmental impacts and the statutory criteria for permit issuance; (vi) if appropriate, the procedure for issuance of a certificate pursuant to the general permit to any person proposing to undertake the specified jurisdictional activity. (c) The agency shall provide notice of the proposal in accordance with 6 NYCRR Part 617 describing the six elements prescribed above with respect to each such permit; (i) in the environmental notice bulletin; (ii) in not less than three newspapers of general circulation within the park and one such paper outside the park; and (iii) to the local government review board. (d) The issuance of a general permit by the agency shall constitute a Type I action, for purposes of Part 617 cited above. (e) A draft final order setting out the elements established in subsection (b) above with respect to each such proposed permit, shall be provided for public review and comment not less than 30 days prior to agency board action. The board shall approve or disapprove the order after expiration of such period. (f) As soon as practicable after the approval of a general permit pursuant to this section, notice of such approval shall be published in the same manner specified in (c) above, and the permit shall be recorded by the agency in the counties within which it is effective in the usual manner. (g) In the event that use of a certificate is deemed appropriate, and upon application by any qualified person, the director of regulatory programs (or designee) shall issue to that person for the location specified, a certificate setting forth the terms and conditions of the general permit approved pursuant to this section. Failure to comply with the terms and conditions of the general permit or certificate automatically voids the authority granted thereunder. (h) The general permit shall expire according to its terms and may be revoked at any time after 10 days notice otherwise given in the same manner specified in (c) above. Expiration or revocation of the general permit automatically voids any certificate issued under the permit unless an earlier expiration is provided in the certificate.

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PART 573 JURISDICTION OF PROJECTS PURSUANT TO THE ADIRONDACK PARK AGENCY ACT
(Statutory authority: Executive law, Article 27)
Section 573.1 General rule
Section 573.2 Projects involving more than one land use area
Section 573.3 Projects located in critical environmental areas
Section 573.4 Subdivisions
Section 573.5 Increase or expansion of certain land uses or developments
Section 573.6 Rebuilding and replacement of existing land uses or developments
Section 573.7 Jurisdiction and review of clearcutting

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Section 573.1 General rule. No person shall undertake a class A regional project, or a class B regional project in a land use area not governed by an approved local land use program, without first obtaining an agency permit. Class A and class B regional projects are listed in section 810 of the Adirondack Park Agency Act.

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Section 573.2 Projects involving more than one land use area. If a new land use or development or subdivision of land will be located in more than one land use area, determination of agency review jurisdiction shall be based upon the portion of the new land use or development or subdivision of land proposed for each land use area involved.

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Section 573.3 Projects located in critical environmental areas. (a) Review of a land use or development or subdivision which requires an agency permit solely because it is located, in part, in a critical environmental area shall be confined to that portion of the land use or development actually located within the critical environmental area or, in the case of a subdivision, to those lots proposed to be sold which are located within or have situate upon them a critical environmental area. (b) A subdivision of land shall not be subject to agency review due to the involvement of a critical environmental area if the critical area is located wholly upon that portion of the subdivision being retained by the seller. However, an agency permit is required for new land use and development in the critical environmental area.

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Section 573.4 Subdivisions. (a) Subdivisions along land use area boundaries. A subdivision of land solely along a land use area boundary does not require an agency permit.

(b) Subdivisions along roads and other rights-of-way. The sale of a landowner's entire ownership on one side of a public road, railroad, right-of-way owned in fee, or other intervening fee ownership, will not be considered a subdivision.

(c) Counting lots. For the purpose of determining agency jurisdiction based upon number of lots created from a parcel of land on or after August 1, 1973: (1) any lot to be retained by the subdivider, and (2) all lots in the same land use area which are part of one project and which would otherwise be adjoining but which are located on opposite sides of a public or private road, or railroad or right-of-way owned in fee, shall be counted, and (3) any parts of a lot which would otherwise be adjoining but which are located on opposite sides of a public or private road, railroad or right-of-way owned in fee, shall be counted as separate lots.

(d) Review of land use or development in subdivisions. All land use or development proposed for lots, parcels or sites in a subdivision shall be subject to review as part of the subdivision.

(e) Subdivision by related persons and persons acting in concert, or as part of a common plan. A subdivision shall be reviewed with regard to its final planned size regardless of whether different phases are undertaken by (1) different but related persons or legal entities at different times, such as the development of a large subdivision in smaller increments by subsidiaries or affiliates of a corporation, or (2) unrelated persons acting in concert as part of a common scheme or plan.

(f) Subdivision into sites. Whether or not a legal conveyance will take place, subdivision of land occurs (1) where more than one dwelling or other principal building is to be constructed on a vacant parcel of land, or (2) where one or more new dwelling or other principal building is to be constructed on a parcel already containing at least one existing dwelling or other principal building, and regardless of whether the existing building is proposed to be removed after completion of the new building(s).

(g) Division of land by gift, devise or inheritance. (1) Subject to the other provisions of this section, the mere division of land by bona fide gift, devise or inheritance, by and from natural persons is not subject to review by the agency. (2) Each immediate family member of a person who has continuously owned a landholding since May 22, 1973 may receive one parcel from that landholding, provided that the parcel is conveyed by the landowner by bona fide gift, devise or inheritance. In such a case, so as to allow the construction of one single family dwelling or mobile home on the gift lot, the overall intensity guidelines and minimum lot size requirements of the Agency Act shall not apply; however, the minimum shoreline lot width and setback requirements of these regulations shall apply. (3) A permit is required for the division of land by bona fide gift, devise, or inheritance, by a person who has not owned the land continuously since May 22, 1973, if the resulting lots do not comply with the overall intensity guidelines and minimum lot size criteria of the Agency Act and with the minimum shoreline lot width and setback requirements of these regulations. (4) A permit is required for the construction of a single family dwelling or mobile home on a lot, parcel or site even though created by gift, devise or inheritance, if the gift, devise or inheritance is located in a resource management area, industrial use area or critical environmental area. (5) The subdivision of a parcel of land owned in joint or common tenancy, tenancy by the entirety, or other joint ownership between or among the owners will not be considered to be by bona fide gift, even if no consideration passes among the parties. Such a subdivision requires an agency permit if a class A or class B regional project as provided in section 810 of the Agency Act. (6) A permit is required for the division of land through conveyance by gift, devise or inheritance of any lot, parcel, or site located outside a hamlet or moderate intensity use area but within a designated river area. (7) A permit is required for the division of land through conveyance by gift, devise or inheritance of any lot, parcel, or site involving wetlands including but not limited to instances where the division line intersects or crosses a wetland which is subject to agency jurisdiction.

(h) Preexisting subdivisions. (1) No agency permit is required for the conveyance of a lot or lots in a lawfully preexisting subdivision, provided no individual lot is subdivided. The shoreline building and sewage disposal system setbacks and the vegetative cutting restrictions of section 806 of the Agency Act apply to all new land uses or developments on lots in preexisting subdivisions; the minimum shoreline lot width requirements apply to preexisting subdivisions which have not received Department of Health approval. (2) A preexisting subdivision is one determined by the agency pursuant to paragraph (4) below to have been substantially commenced prior to August 1, 1973 and involving substantial expenditures made for structures or improvements prior to such date. (3) �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 and any local or other governmental regulation. (See also Real Property Law and Public Health Law requiring subdivision plats to be filed.) (4) For the purpose of determining whether a subdivision or portion thereof was in existence as of August 1, 1973, the agency will consider, among other relevant factors, (i) the number of lots sold prior to such date relative to the total number of lots in the subdivision, (ii) the locations of such lots sold, (iii) the nature, extent and cost of structures and improvements directly related to the subdivision completed or commenced prior to such date, relative to all such necessary improvements related to the subdivision, (iv) the location of such completed or commenced improvements, and (v) demonstrated efforts to sell lots prior to such date. (5) The Agency may determine that all or only a portion or portions of a subdivsion, or groups of such subdivision lots are preexisting, depending on the pattern of sale of lots and installed infrastructure. (6) An agency permit is required for the construction of a single family dwelling or mobile home on a lot in a preexisting subdivision which has not received New York State Department of Health approval if located in a resource management or industrial use area, or in a critical environmental area.

(i) Merger of lots acquired prior to May 22, 1973. Adjoining lots owned by one landowner, each acquired prior to May 22, 1973, except lots in a preexisting subdivision or separately-owned preexisting vacant lots of record as described in section 811(1)(a) of the Adirondack Park Agency Act, shall be deemed to have merged into one undivided lot as of that date, even if described in different deeds or acquired at various times. A sale of any such lot(s) while retaining adjoining land constitutes a subdivision which requires an agency permit if a class A or class B regional project as provided in section 810 of the Act.

(j) Preexisting vacant lots of record acquired subsequent to May 22, 1973. No agency permit is required for the resale of a preexisting separately owned vacant lot of record as of May 22, 1973 (as described by section 811(1)(a) of the Adirondack Park Agency Act) which is subsequently acquired by an owner of adjoining lands. An agency permit is required for any new land use or development on the lot which is a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

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Section 573.5 Increase or expansion of certain land uses or evelopments. (a) General rule. (1) No agency permit is required for the increase or expansion, whether in successive stages or at one time, of any lawfully existing land use land use or development by a total of up to 25 percent of its square footage as of May 22, 1973 or when originally built or undertaken, whichever is later. Increases or expansions thereafter require an agency permit if the land use, if new, is a class A or B regional project as provided in section 810 of the Adirondack Park Agency Act. (2) A single family dwelling or mobile home may be expanded to any extent provided it continues to be used as such. (3) All increases or expansions involving an existing nonconformance with the shoreline building setback restrictions shall be subject to section 575.5 of these regulations. (b) Mobile home courts and campgrounds. Expansions of mobile home courts or campgrounds shall be measured in terms of the number of new sites in relation to existing sites. (c) Hotels, motels and tourist accommodations. Expansions of hotels, motels and tourist accommodation complexes (whether in one or more than one building) shall be measured in terms of either the increase in total accommodation units or in the amount of new square footage (excepting accessory structures). An increase by 25 percent or more in either total number of units or total square footage shall be considered a 25 percent expansion of the use. (d) Group camps. Expansions of group camps shall be measured in terms of either the increase in capacity of the group camp or in total square footage (excepting accessory structures). An increase by 25 percent or more in either shall be considered a 25 percent expansion of the use. (e) Public and semipublic buildings. An expansion by 25 percent or more of the existing floor space of a municipal building, or of any component building of a college, school, hospital, animal hospital, library, place of worship, museum, research center, rehabilitation center or similar facility, shall be deemed a 25 percent expansion of a public or semipublic building. An agency permit is required for the construction of any new component building, other than an accessory structure, which is a class A or class B regional project as provided in sections 810 and 811(5) of the Adirondack Park Agency Act. (f) Ski centers; golf courses. Expansions of ski centers and golf courses shall be measured in terms of the increase in the ground surface area disturbed by the use. (g) Commercial sand and gravel extractions. Expansions of commercial sand and gravel extractions shall be measured in terms of the increase in the total ground surface area disturbed by the use. Vertical and subsurface expansions will not be considered. (h) Mineral extractions. Expansions of mineral extractions shall be measured in terms of the increase in the total ground surface area disturbed by all aspects of the mineral extraction operation. Vertical and subsurface expansions will not be considered, nor will increased productivity brought about by improved technology, increased manpower or different methods of extraction. (i) Municipal roads. Lateral expansions of municipal roads shall be measured in terms of the amount of clearing (cutting of woody vegetation four inches or more in diameter at breast height), grading or other disturbance of land adjacent thereto. A municipal road consists of t