9 NYCRR Part 574 - Executive Department

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

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9 NYCRR 574.1 - General rule

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

Class A and class B regional projects subject to agency review shall be reviewed according to the standards set forth in section 809 of the Adirondack Park Agency Act and this Part. Projects which are also rivers projects or wetlands projects shall be subject, as applicable, to the additional standards in Parts 577 and 578 of this Title.

9 NYCRR 574.2 - Consultations with agency technical staff

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Dates and status

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

Consultations with the agency's technical staff and reference to the development considerations set forth in section 574.5 of this Part will assist in designing a project which avoids undue adverse impact upon the resources of the Adirondack Park and will facilitate its approval. The agency has also developed an advisory publication, Development in the Adirondack Park: Objectives and Guidelines for Planning and Review, to assist the project sponsor.

9 NYCRR 574.3 - Sign standards

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Dates and status

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

Signs associated with projects subject to agency review shall comply with the sign standards set forth as Appendix Q-3 of this Title.

9 NYCRR 574.4 - Wastewater treatment system standards

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Dates and status

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

Unless otherwise provided in an agency permit, wastewater treatment systems associated with a project which are designed to treat less than 1,000 gallons of wastewater per day shall be designed, installed and maintained in accordance with the standards set forth in “Wastewater Treatment Standards – Residential Onsite Systems”, Appendix 75-A, Title 10, of the Official Compilation of Codes, Rules and Regulations of the State of New York, and with the additional standards set forth in Appendix Q-4 of this Title.

9 NYCRR 574.5 - Further definitions of the development considerations

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Dates and status

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

Those development considerations of section 805(4) of the Adirondack Park Agency Act which are pertinent will be considered by the agency in its review of projects. A list of the development considerations, containing certain further definitions, is set forth below:

(a)Natural resource considerations.

(1)Water.

(i)Existing water quality.

(ii)Natural sedimentation or siltation.

(iii)Eutrophication, as considered by the agency in its review of projects, means accelerated increases in the content of plant nutrients in a water body, caused by excess phosphorus and nitrogen, which typically result in murky water and nuisance algae blooms. If unchecked, this cultural enrichment will severely limit usage of surface waters for drinking, swimming and fishing, and will lead to the decline or disappearance of aquatic organisms and ultimately the death of the water body.

(iv)Existing drainage and runoff patterns.

(v)Existing flow characteristics.

(vi)Existing water table and rates of recharge means the seasonal high groundwater table and the aquifer recharge rate.

(a)The seasonal high groundwater table is the highest surface of a zone of saturated soil which is at least six inches thick and which persists during the average year for more than a week when the ground is free of frost.

(b)An aquifer is a permeable geologic formation which will yield significant quantities of potable water for supply by such means as drilled or artesian wells, springs and stream recharge.

(c)An aquifer recharge area is a region of land surface supplying water to an aquifer, and is characterized by gently sloping (less than 8%) soils with a rapid permeability rate (generally greater than 6.3 inches per minute) or with moderate to highly fractured bedrock at or near the surface.

(2)Land.

(i)Existing topography.

(ii)Erosion and slippage.

(iii)Floodplain and flood hazard includes floodplains, floodways and floodway fringes as determined by the highest level of flood that, on the average, is likely to be equalled or exceeded once every 100 years.

(a)A floodplain is a normally dry land area, adjoining rivers, streams, ponds, lakes or wetlands, which is susceptible to partial or complete inundation due to:

(1)overflow of inland waters;

(2)unusual or rapid accumulation or runoff of surface waters from any source, including spring snowmelt, severe rainfall, and/or oversaturation of the soil; or

(3)mudslides or mudflows proximately caused or precipitated by accumulations of water on or under the ground.

(b)Floodways are the part of the floodplain that must remain unrestricted in order to discharge the 100-year flood without cumulatively increasing the water surface elevation more than one foot at any point. They comprise the stream channel and immediately adjacent lands which are frequently flooded and which help carry the major portion of floodwaters during extreme floods.

(c)Floodway fringes are the parts of the floodplain extending from the outer edge of the floodway to the outer limit of the 100-year floodplain. Water in floodway fringes is often shallow and slow moving, even during a major flood.

(iv)Mineral resources.

(v)Viable agricultural soils means those soils suited for commercial agricultural production. See Feuer and Maine, Soil Groups for Agriculture: A Report of Soils Occurring Primarily on Private Land Within the Blue Line of the Adirondack Park (New York State College of Agriculture and Life Sciences at Cornell University, 1972).

(vi)Forest resources.

(vii)Open-space resources.

(viii)Vegetative cover.

(ix)The quality and availability of land for outdoor recreational purposes.

(3)Air.

(i)Air quality.

(4)Noise.

(i)Noise levels.

(5)Critical resource areas.

(i)Rivers and corridors of rivers designated to be studied as wild, scenic or recreational in accordance with section 15-2715 of the Environmental Conservation Law.

(ii)Rare plant communities means communities of native terrestrial plant species that occur at less than 30 recorded locations in New York State, as shown on the Listing of Rare and Endangered Plants prepared by the agency or as may be located on the Unique Natural and Culture Feature Maps maintained by the agency.

(iii)Habitats of rare and endangered species and key wildlife habitats.

(a)Habitats of rare and endangered species means habitats and likely habitats of rare plant communities and of terrestrial wildlife listed in Rare and Endangered Wildlife within the Adirondack Park,appendix D of the agency publication Development in the Adirondack Park.

(b)Key wildlife habitats means habitats required for the survival of wildlife species which are characteristic of the northern hardwood and coniferous forests of the Adirondack Park, many of which are unique, within New York, to the Adirondacks or rare or endangered within the State. Key wildlife habitats include:

(1)deer wintering yards, which means areas having a distinctive combination of vegetation, topography and hydrological characteristics that offer protection and food for deer forced to seek shelter due to deep snow or severe weather conditions;

(2)waterfowl nesting, resting and feeding areas, which means areas vitally important to the maintenance of breeding and migrating waterfowl populations, especially shallow and deep water marshes contiguous to open water;

(3)ecotones, which means areas of major vegetation transition zones providing valuable food, shelter, water and rearing areas for a variety of wildlife species, some of which live primarily within the ecotone, and some of which depend on it during certain periods of their life cycle. Ecotones include borders of lakes, ponds, rivers and streams, borders between coniferous and hardwood vegetation, and the edges of open areas such as fields and plains which abut forested lands.

(iv)Alpine and subalpine life zones.

(v)Wetlands.

(vi)Unique features, including gorges, waterfalls and geologic formations.

(6)Wildlife.

(i)Fish and wildlife.

(7)Aesthetics means harmonizing land use or development with the natural environment.

(i)Scenic vistas include distant views through or along an opening, especially views which frame or focus attention upon a scene of distinctive character and natural beauty such as a prominent landmark, mountain, river valley, plain, or historical monument. Scenic vistas include those designated on the official Adirondack Park land use and development plan map, and those locally designated.

(ii)Natural and man-made travel corridors include the land or water visible from natural and man-made transportation routes such as interstate, State, county and town highways, boating and canoe routes, and hiking and horse trails.

(b)Historic site considerations.

(1)Historic factors:

(i)historic sites of structures.

(c)Site development considerations.

(1)Natural site factors.

(i)Geology.

(ii)Slopes.

(iii)Soil characteristics.

(iv)Depth to groundwater and other hydrological factors.

(2)Other site factors.

(i)Adjoining and nearby land uses.

(ii)Adequacy of site facilities.

(d)Governmental considerations.

(1)Governmental service and finance factors.

(i)Ability of government to provide facilities and services means the effect of a land use or development or subdivision of land upon the fiscal affairs of all local governments under a duty to provide services and facilities such as education, recreation, police and fire protection, public health, public sewer and water, sanitary landfills and transportation, assuming the current tax structure and tax rates are to be maintained.

(ii)Municipal, school or special district taxes or special district user charges.

(e)Governmental review considerations.

(1)Governmental control factors.

Conformance with other governmental controls includes conformance with local land use controls in accordance with section 574.6 of this Part.

9 NYCRR 574.6 - Conformance with local land use controls

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

The agency will not approve a project which has been denied a permit or which is a prohibited use under local zoning requirements and other local laws or ordinances. The agency will also recognize community goals expressed in a formally adopted master plan.

9 NYCRR 574.7 - Application of the overall intensity guidelines

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

In addition to the provisions of section 809(10)(c) of the Adirondack Park Agency Act and the applicable exemptions of section 811 of the Act, the following rules shall apply:

(a)The number of new principal buildings associated with a project shall be the net increase in principal buildings on a project site. A project that does not result in such a net increase (such as tearing down an existing principal building and constructing a new principal building elsewhere on the project site) will not be considered to involve a new principal building for the purpose of applying the overall intensity guidelines.

(b)Where a purely mathematical application of the overall intensity guidelines to a given project site results in a fractional number of permissible principal buildings, that number shall be rounded to the nearest whole number, which shall be the arithmetically permissible number of principal buildings.

(c)As many as a 10 percent greater number of principal buildings than are arithmetically permissible may be permitted where justified by natural resource and public considerations, such as where a common sewerage system is provided or where the project would be substantially invisible from travel corridors.

(d)The overall intensity guidelines shall apply to all principal buildings which are part of a project, except single family dwellings or mobile homes which are proposed to be located on (1) a preexisting vacant lot of record as described in section 811(1)(a) of the Adirondack Park Agency Act, (2) a lot located in a preexisting subdivision which has received New York State Department of Health approval, or (3) a lot created by bona fide gift, devise or inheritance where the donor or decedent continuously owned the property since prior to May 22, 1973 and the recipient was a member of his immediate family.

9 NYCRR 574.8 - Conversion of resort hotels, rental cottages and group camps

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)For purposes of applying the conversion provision of section 811(1)(b) of the Adirondack Park Agency Act, structures associated with resort hotels, rental cottages and group camps shall only include a single or multiple family dwelling, dormitory, hotel, main lodge, cabin, cottage, bungalow, bunkhouse or other structure which is permanently affixed to the land and is suitable for conversion to single family residential use, taking into account its existing character, condition and facilities, and general site considerations.

(b)In the review of conversions pursuant to section 811(1)(b) of the Adirondack Park Agency Act, the agency will apply the following criteria:

(1)A structure shall be converted only at its existing location unless the agency determines that the purposes and policies of the Adirondack Park Agency Act would be better served by the removal of the structure to, or the replacement of the structure at, a different location on the project site.

(2)A single structure containing over 1,250 square feet of net interior floor space as of May 22, 1973 may be converted to more than one single family residential unit at the approximate rate of one unit for each 1,250 square feet of floor space in the structure prior to conversion; however, there shall be no fixed square footage requirement for the resulting units.

(3)For the purpose of determining whether any additional principal buildings may be constructed on the project site, each single family residential unit resulting from the conversion shall be considered a new principal building, and the overall intensity guidelines will be applied pursuant to the Adirondack Park Agency Act and section 547.7 of this Part. All contiguous or adjacent lands associated with the prior use or in the same ownership shall be included in the area upon which the overall intensity guidelines will be applied.

(c)The agency will, upon request and after an application is complete, advise whether a conversion proposal meets the criteria of this section.

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