Title 9 Part 576 NYCRR — browse free

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

All 9 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 576.1 - General rules

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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)Where there are practical difficulties in carrying out the strict letter of the provisions of the plan or the shoreline restrictions, the agency may, after public hearing, vary or modify their application so that their spirit is observed, public safety and welfare secured and substantial justice done.

(b)A variance will be granted when the adverse consequences to the applicant resulting from denial are greater than the public purpose sought to be served by the restriction.

(c)In determining whether a variance shall be granted, the agency will consider, among other relevant factors:

(1)whether the application requests the minimum relief necessary;

(2)whether granting the variance will create a substantial detriment to adjoining or nearby landowners;

(3)whether the difficulty can be obviated by a feasible method other than a variance;

(4)the manner in which the difficulty arose;

(5)whether granting the variance will adversely affect the natural, scenic, and open space resources of the park and any adjoining water body, due to erosion, surface runoff, subsurface sewage effluent, change in aesthetic character, or any other impacts which would not otherwise occur; and

(6)whether the imposition of conditions upon the granting of the variance will ameliorate the adverse effects referred to in paragraph (5) of this subdivision.

9 NYCRR 576.2 - Significant economic injury

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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)The applicant may seek to prove, by specific financial documentation and expert testimony, that the strict application of the relevant restrictions will result in significant economic injury.

(b)The testimony shall be limited to the effect of the restrictions upon the value of the property in question; whether the value would be enhanced were a variance granted shall not be relevant.

9 NYCRR 576.3 - When proof of significant economic injury offered

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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, in the opinion of the hearing officer, the applicant has proven significant economic injury, the hearing officer may order that proof be taken as to whether the strict application of the restriction in question is reasonably related to the public health, safety and welfare and the purposes sought to be served by section 806 of the Adirondack Park Agency Act. The agency staff may also offer such proof on its own initiative.

9 NYCRR 576.4 - Self-created difficulty or economic injury

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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

The agency will not deny a variance, or refuse to consider proof of significant economic injury, on the sole ground that the practical difficulty or alleged economic injury is self-created.

9 NYCRR 576.5 - Procedures for review of variances

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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.

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, 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. 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 limitations 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 this Part shall rest with the applicant.

9 NYCRR 576.6 - Special procedures applicable to certain variance applications

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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)When the deputy director-regulatory programs 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.

9 NYCRR 576.7 - Agency decision on variance applications

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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

The agency shall act upon all variance applications within 45 days of:

(a)the close of the hearing, if the hearing is tape-recorded; or

(b)the day upon which the stenographic transcript is received by the agency or the record as defined by paragraphs (a) through (e) of section 302 of the State Administrative Procedure Act is otherwise complete, whichever is later; or

(c)such other date as may be stipulated by the parties or determined by the presiding officer.

9 NYCRR 576.8 - Initial review of variances by operations committee

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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 variance application before the agency for formal action shall be referred to the regulatory programs committee, which shall review it initially pursuant to the same procedures as those set forth for projects in section 572.12(b) of this Title. 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 Title.

9 NYCRR 576.9 - Amendment of variances

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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)The holder of an agency variance may file with the agency a written request for amendment.

(b)The deputy director-regulatory programs shall have authority to determine whether a request to amend a variance involves a material change in variance conditions, the applicable law, environmental conditions or technology since the date of issuance of the variance, and to issue an amended variance 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 any applicable time period shall not begin to run until such information has been provided.

(c)Any request to amend a variance which may involve a material change shall be treated as an application for a new variance, except that a request to amend a condition of a variance without any change in the project proposal, applicable law or environmental conditions or technology may be treated by the agency as a request for reconsideration and governed by section 572.22 of this Title. In the case of a request which is treated as a new application, the parties to any public hearing previously held on the variance shall be notified of such request.

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