Title 9 Part 573

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.

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.

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.

A subdivision of land solely along a land use area boundary does not require an agency permit.

For the purpose of determining agency jurisdiction based on the number of lots created from a parcel of land on or after August 1, 1973, any lot to be retained by the subdivider shall be counted.

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

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.

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.

No agency permit is required for the resale of a preexisting separately-owned vacant lot of record as of May 22, 1973 as described in 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.

Expansions of mobile home courts or campgrounds shall be measured in terms of the number of new sites in relation to existing sites.

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.

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.

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.

Expansions of ski centers and golf courses shall be measured in terms of the increase in the ground surface area disturbed by the use.

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.

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.

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.

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

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.

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:

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