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Compiled text through Sep 15, 2021Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 6 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 573.1 - General rule

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

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.

9 NYCRR 573.2 - Projects involving more than one land use area

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

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.

9 NYCRR 573.3 - Projects located in critical environmental areas

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Except in the case of a project involving wetlands, 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.

9 NYCRR 573.4 - Subdivisions

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LawEngine holds a witnessed source copy of this section. We are not showing the text inline until its table/list layout can be preserved exactly. We checked the State Register through July 29, 2026/Vol. XLVIII, Issue 30; no later activity found for this section.

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

9 NYCRR 573.5 - Increase or expansion of certain land uses or developments

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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 or development by a total of up to 25 percent of its size or 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 semi-public 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 semi-public 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 are 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 the roadway, shoulders, ditches and cut and fill areas. Any lineal extension of an existing road shall be considered a new road rather than an expansion.

9 NYCRR 573.6 - Rebuilding and replacement of existing land uses or developments

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Pursuant to section 811(5) of the Adirondack Park Agency Act:

(a)No agency permit is required for the rebuilding or replacement of any existing land use or development, including structures in existence August 1, 1973 being rebuilt or replaced on the same foundation or in the same location, provided subdivisions (c), (d), (e) and (f) of this section are adhered to. Existing uses not located in critical environmental areas may also be rebuilt or replaced in the same immediate vicinity subject to subdivisions (c), (d), (e) and (f).

(b)The rebuilding or replacement of a structure that was removed or destroyed prior to August 1, 1973 shall be considered new land use or development and requires an agency permit if a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

(c)No rebuilding, replacement or restoration pursuant to section 811(5) of the Adirondack Park Agency Act or this section shall increase any lawfully existing noncompliance with the shoreline restrictions, as described in section 575.5 of these regulations.

(d)No agency permit is required for the rebuilding, replacement or restoration of a structure originally more than 40 feet in height to the same height.

(e)No agency permit is required for the replacement of a mobile home by a single family dwelling, or a single family dwelling by a mobile home. Where the existing dwelling will not be removed until after the new dwelling is emplaced or constructed, an agency permit is required for the “subdivision into sites” which would result if the subdivision is a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

(f)An agency permit is required for the recommencement of any existing land use or development, except a single family dwelling, which has been discontinued for a period exceeding five years, or under circumstances which indicate that such use has been abandoned, if the land use or development is a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

9 NYCRR 573.7 - Jurisdiction and review of clearcutting

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Definitions used in this section.

(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. 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.

(2)River area means the wild, scenic, and recreational rivers and the private lands in their immediate environs as set forth in Appendix Q-6 of these regulations.

(3)Wood road means any dirt or other unimproved road designed and used solely for forest management purposes or related fish and game activities, not intended for use by the general public, and simply constructed by grading, filling and/or corduroying, without extensive finish or maintenance work.

(b)Agency jurisdiction over clearcutting.

(1)An agency permit is required for:

(i)clearcutting of more than 25 acres, except within industrial use areas and non-wetland areas within hamlet areas;

(ii)effective August 1, 1983, clearcutting of more than three acres within a freshwater wetland.

Individual clearcut areas of eight acres or more will be aggregated in computing the 25-acre jurisdictional threshold prescribed in this subdivision if they are not separated from each other by an intervening uncut area at least 300 feet wide at all points.

(2)Clearcutting is not allowed in river areas except in accordance with sections 577.6(c) and 577.8 of this Title.

(c)Application requirements.

In addition to the general requirements for applications in section 572.4 of this Title, no application for a permit to clearcut shall be deemed complete unless it includes a draft harvest plan containing:

(1)A map or maps of the area to be clearcut and all lands within one-quarter mile thereof, at a scale of 1:24,000 or less, showing:

(i)wetlands, unique natural and cultural features, areas with slopes in excess of 25 percent, waterbodies (including permanent streams) and public roads. The agency will supply such a map on request.

(ii)existing, and approximate location of proposed, wood roads, stream crossings and culverts;

(iii)buffers proposed;

(iv)significant areas of timber infestation or disease on the area to be clearcut, including beech bark disease, scleroderris canker, spruce budworm, and pine blister rust;

(v)any areas where the general public is allowed access or use pursuant to a formal contract or conveyance to the State or a local government, such as public hiking or snowmobile trails, public fishing access, and the like.

(2)The name and address of the individual who prepared the draft plan, and his forestry qualifications.

(3)A description of the location and nature of any harvesting on the area to be clearcut or within one-quarter mile thereof within the prior 10 years.

(4)A description of harvest methods (including use of portable chippers), preharvest and postharvest techniques and harvest objectives.

(5)In the event pesticide or herbicide use is proposed, the name of the chemical and the applicator and the manner and rate of application.

(d)Standards for the review of clearcutting.

(1)The agency will not issue a permit to allow clearcutting subject to jurisdiction as a class A regional project, unless:

(i)the clearcutting is for a recognized silvicultural purpose;

(ii)there are adequate buffers on the shorelines of lakes, ponds, rivers or streams; along major travel corriders, and, if necessary, around dwellings on adjacent lands, so as to preserve water quality and visual quality and to control noise;

(iii)habitats of rare and endangered species and other key wildlife habitats will be protected;

(iv)regeneration of timber is assured;

(v)if proposed, and if allowed by the agency, any use of pesticides and herbicides will be strictly controlled;

(vi)harvest will be controlled by qualified personnel by contract, marked stand, direct supervision, or other adequate means;

(vii)wood roads and skid trails will be located, and equipment will be operated, so as to minimize erosion on slopes and elsewhere;

(viii)the storage, mixing, or bulk handling of fuel, chemicals, or other hazardous materials will be strictly controlled;

(ix)the latest edition of the New York State Forestry Best Management Practices for Water Quality: BMP Field Guide (Watershed Agricultural Council Forestry Program, New York State Department of Environmental Conservation, and Empire State Forest Products Association) will be adhered to, at a minimum; and

(x)the agency is able to make the findings required by section 809(9) or section 809(10) of the Adirondack Park Agency Act and by Part 574 of this Title.

(2)Effective August 1, 1983, section 578.10 of this Title shall in addition apply to clearcutting in freshwater wetlands.

(e)Agency jurisdiction over other timber harvesting activities.

Certain timber harvesting activities other than clearcutting, and activities related thereto, also require agency permits or are otherwise regulated by the agency, as follows:

(1)Effective August 1, 1983, the construction of wood roads in freshwater wetlands, when such construction involves the placing of fill; any other filling or material disturbance of a wetland, and any other regulated activity, all as set forth in Part 578 of this Title.

(2)In wild, scenic and recreational river areas, the activities set forth in sections 577.4(b) and 577.6 of this Title.

(3)Sawmills, chipping mills, pallet mills and similar wood using facilities require agency permits except when proposed to be located in (i) non-wetland areas of hamlet areas or (ii) non-wetland areas of industrial use areas governed by an agency-approved local land use program.

(4)Forestry use structures require agency permits in critical environmental areas and in resource management areas not governed by an agency-approved local land use program.

9 NYCRR 573.8 - Accessory uses to residential structures

Source text available - table layout pending

Dates and status

Compiling agency: Executive Department
Text status: Source-only entry
Compiled text through: Sep 15, 2021
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Latest notice: TDA-01-17-00002-EP · Emergency and proposed rule · Dec 16, 2016
Source snapshot: Jun 6, 2026

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