9 NYCRR Part 572 - Executive Department

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Source versions current through Sep 15, 2021 - Jun 30, 2025 across sections

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9 NYCRR 572.1 - Procedures for review of projects; general rules

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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 Adirondack Park 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 Adirondack Park Agency Act and Part 579 of this Title.

(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 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.

9 NYCRR 572.2 - Project sponsor's options

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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.

9 NYCRR 572.3 - Preliminary consultations and preapplication conceptual review

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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) of this section request preapplication conceptual review by the regulatory programs committee.

(2)Requests for preapplication conceptual review shall be submitted in writing to the deputy director-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 paragraph (2) of this subdivision, 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.

(c)Plans and information provided by the project sponsor shall not be binding upon the project sponsor; nor shall findings or recommendations by the agency 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.

9 NYCRR 572.4 - Permit application requirements generally

Source version current through Jun 30, 2025

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2025

(a)

(1)Applications may be submitted only by a project sponsor, as defined in section 570.3(ad) of these regulations, shall contain the signatures of the owners of record of the land involved as co-applicant, and shall contain a description of the project in the form and manner required in the appropriate application form. The agency will promptly notify the project sponsor that the submission does not contain the minimal information necessary to initiate the application process, such as signatures of the landowners, an incomplete site plan or project description or is missing required attachments (e.g., copy of the current deed); and the agency will not commence review clocks or other processing without this information.

(2)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.

(3)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.

(4)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.

(5)The deputy director-regulatory programs is authorized to grant an exception to any of the information requirements of paragraph (4) of this subdivision in cases where such information is not necessary to determine adverse impact to site resources or compliance with law.

(b)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.

(c)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 project 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; and

(7)information related to reasonable alternative means of achieving project goals.

9 NYCRR 572.5 - Expedited review of minor projects

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

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.

9 NYCRR 572.6 - General requirements for the review of large scale projects or other projects to be undertaken in sections

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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 landowners, 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.

9 NYCRR 572.7 - Notice of application incompletion and additional information request

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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.

9 NYCRR 572.8 - Notice of application completion and advisory comments

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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.

9 NYCRR 572.9 - Site inspections by the agency

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

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.

9 NYCRR 572.10 - Projects which require variances

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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 576.5 of this Title.

(c)The deputy director-regulatory programs shall have authority to decide whether the public hearing to consider the variance shall also consider the project.

9 NYCRR 572.11 - Deputy director-regulatory programs authority to approve certain projects

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The deputy director-regulatory programs 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;

(3)projects which have been the subject of a public hearing held pursuant to Part 580 of this Title; and

(4)projects requiring variances which have been the subject of a public hearing held pursuant to section 576.5 of this Title.

(b)The deputy director-regulatory programs shall report the exercise of such authority at each regular meeting of the agency.

(c)The deputy director-regulatory programs shall have discretion to refer any project to the agency for review.

9 NYCRR 572.12 - Initial review of projects by regulatory programs committee

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The chairman may appoint a regulatory programs 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 deputy director-regulatory programs in the exercise of his discretion), or for action following a public hearing, shall be referred to the regulatory programs committee. Certain appeals and requests for reconsideration shall also be referred initially to the regulatory programs 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.

9 NYCRR 572.13 - Review of class A regional projects in land use areas governed by an approved local land use program

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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.

9 NYCRR 572.14 - Public hearings on projects

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

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.

9 NYCRR 572.15 - Emergency projects

Source version current through Jun 30, 2025

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Jun 30, 2025
Related Register notice: APA-05-15-00006-A · Adopted rule
Related notice published: Jun 17, 2015
Related notice effective date: Jun 17, 2015

(a)General.

This section provides the procedural requirements for the issuance of an emergency certification or an emergency recovery authorization for a project undertaken to address an emergency. No other requirements of this Subtitle shall apply to an emergency project. It is within the agency’s discretion to determine whether a specific event or conditions constitutes an emergency and whether proposed land use or development is an emergency project.

(b)Definitions used in this section.

(1)Emergency means:

(i)a specific event or condition that presents an immediate threat to life or property; or

(ii)a specific storm event or calamity that has been declared to be an emergency by Federal or State officials.

(2)Emergency project means land use or development that is immediately necessary for the protection of life or property and that would otherwise require a permit, order, or variance.

(3)Emergency certification means a written determination by the agency that an emergency exists or has existed and that an emergency project may be undertaken or has been undertaken to prepare for or mitigate the emergency.

(4)Emergency recovery authorization means a written determination by the agency authorizing an emergency project that is necessary for repair, remediation or recovery from an emergency as defined in paragraph (b)(1) of this section and that is not covered by an emergency certification.

(c)Emergency certification procedures.

(1)To obtain an emergency certification, a project sponsor shall:

(i)notify the agency with sufficient information to allow for an agency determination whether an emergency as defined in subparagraphs (b)(1)(i) and (ii) of this section exists or existed and whether the project is an emergency project as defined in subdivision (b)(2) of this section; and

(ii)obtain an emergency certification prior to undertaking an emergency project or as soon thereafter as practicable.

(2)The agency shall issue an emergency certification upon a determination that:

(i)an emergency exists or existed; and

(ii)the emergency project is limited in scope to the land use and development necessary to prepare for or mitigate the emergency. The agency shall have two business days from receipt of sufficient information to issue an emergency certification.

(3)The emergency certification shall include a description of the land use and development comprising the emergency project, and may include conditions to limit the timing and duration of the emergency project and its impact on any of the natural, scenic, aesthetic, ecological, wildlife, historic, recreational, or open space resources of the park.

(4)An emergency certification may only be issued by the executive director, deputy director – regulatory programs, and such other agency staff as the executive director shall designate in writing.

(d)Emergency recovery authorization procedures.

(1)A project sponsor proposing an emergency project under this subdivision shall notify the agency prior to undertaking the emergency project and provide the agency with the following information:

(i)a brief statement identifying the emergency, as defined in paragraph (b)(1) of this section that created the need for the emergency project;

(ii)a description of the proposed land use and development and why it is necessary for repair, remediation or recovery from an emergency;

(iii)documentation of existing conditions;

(iv)a location map;

(v)actions proposed to be taken to minimize environmental impacts; and

(vi)any additional information requested by the agency necessary for the issuance of an emergency recovery authorization.

(2)The agency shall issue an emergency recovery authorization for an emergency project upon a determination that:

(i)the emergency project is directly related to an emergency as defined in paragraph (b)(1) of this section;

(ii)the emergency project is limited in scope to the land use and development necessary to repair, remediate or recover from the emergency; and

(iii)the emergency project will cause the least change, modification, disturbance, or damage to the environment as practicable.

The agency shall have five business days to respond to a request for an emergency recovery authorization upon receipt of sufficient information.

(3)The emergency recovery authorization shall include a description of the land use and development comprising the emergency project and may include conditions to limit the timing and duration of the emergency project and its impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational, or open space resources of the park.

(4)An emergency recovery authorization may only be issued by the executive director, deputy director – regulatory programs and such other agency staff as the executive director shall designate in writing.

(e)Limitations.

(1)The agency may modify or rescind an emergency certification or emergency recovery authorization if new information demonstrates that an emergency does not, or no longer, exists or that the emergency project is not, or no longer, necessary or appropriate.

(2)Any person who undertakes land use or development that otherwise would require a permit or variance from the agency that is not described in an emergency certification or emergency recovery authorization issued to such person pursuant to this section may be subject to enforcement action.

9 NYCRR 572.16 - Earlier source heading: [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 572.17 - Earlier source heading: [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 572.18 - Earlier source heading: [Repealed]

Source version current through Sep 15, 2021

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Current section text is not available here.

9 NYCRR 572.19 - Amendment of permits

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The holder of 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 deputy director-regulatory programs shall have authority to determine whether a request to amend a permit involves a material change as defined in section 809(8)(b)(1) of the act, and to issue an amended permit for, or deny, those requests that do not involve a material change. The deputy director-regulatory programs 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 which may involve a material change shall be treated as an application for a new permit pursuant to section 809(8)(b)(2) of the act, except that a request to amend a condition of a permit 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.

9 NYCRR 572.20 - Renewal of permits

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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 Adirondack Park 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 deputy director-regulatory programs 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 regulatory programs 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 or 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) of this subdivision, as applicable.

9 NYCRR 572.21 - Recording, effects, and transfer of permits

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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.

9 NYCRR 572.22 - Appeals and requests for reconsideration

Source version current through Sep 15, 2021

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021
Related Register notice: APA-05-15-00006-A · Adopted rule
Related notice published: Jun 17, 2015
Related notice effective date: Jun 17, 2015

(a)Appeals of actions taken by agency staff.

(1)Any project sponsor or variance applicant may appeal the following actions of the deputy director-regulatory programs 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 this Part;

(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; or

(v)any other action with respect to a project or a variance pursuant to delegated authority.

(2)Any person may appeal any determination made pursuant to section 572.15 of this Part declining to issue an emergency certification or emergency recovery authorization.

(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 section 576.5 or 580.14(h) of this Title, as applicable.

(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 regulatory programs 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.

9 NYCRR 572.23 - General permits

Source version current through Sep 15, 2021

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(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:

(1)the geographic area eligible for the permit;

(2)the time period for which the permit will be effective;

(3)the basis of jurisdiction under section 809 of the Adirondack Park Agency Act and/or article 15 or 24 of the Environmental Conservation Law;

(4)the activity or activities authorized by the permit or permits, including their probable extent and frequency;

(5)findings of fact, conclusions of law and mitigating conditions to address potential adverse environmental impacts and the statutory criteria for permit issuance; and

(6)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:

(1)in the Environmental Notice Bulletin;

(2)in not less than three newspapers of general circulation within the park and one such paper outside the park; and

(3)to the Adirondack Park 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 subdivision (b) of this section 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 subdivision (c) of this section, 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 deputy director-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 subdivision (c) of this section. 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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