Title 9 Part 579 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 4 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 579.1 - 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)Any State agency which intends to undertake new land use or development on State or private land within the Adirondack Park, other than the Department of Environmental Conservation, whose activities are governed by the State Land Master Plan and individual unit management plans adopted thereunder, shall:

(1)give due regard to the provisions of the land use and development plan and the shoreline restrictions; and

(2)comply with section 814 of the Adirondack Park Agency Act and the provisions of this Part.

(b)A land use or development proposed to be undertaken on State land by any person shall be considered the project of the State agency having jurisdiction over the land and shall be subject to section 814 of the Act and the provisions of this Part.

(c)A class A or class B regional project proposed by a State agency, other than a rivers project or a wetlands project, shall be reviewed according to the procedures set forth in Part 572 of these regulations.

(d)Any State agency proposing a rivers project on private land shall obtain an agency permit pursuant to Part 577 of these regulations.

(e)Any State agency proposing a wetlands project on State or private land shall obtain an agency permit pursuant to section 578.3 of these regulations.

9 NYCRR 579.2 - Definitions

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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

As used in this Part:

(a)Prior to the submission of a formal budget request shall mean prior to the submission of a request to the Division of the Budget for authorization to advertise for receipt of bids (bid authorization) as required by the Budget Policy and Reporting Manual, item E-010. In preparing such requests, State agencies should identify the fact that the location of the project is in the Adirondack Park and subject to section 814 of the Adirondack Park Agency Act.

(b)State agency means any department, bureau, commission, board or other agency of the State, including any public benefit corporation any member of which is appointed by the Governor.

(c)State agency project means any new land use or development by a State agency, other than a class A or class B regional project, a river project or a wetlands project.

9 NYCRR 579.3 - Procedures for review of State agency projects

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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)Any State agency proposing a State agency project shall file a notice of intent with the agency which shall:

(1)consist of a completed agency notice of intent form or be labelled Notice of Intent to Undertake Land Use or Development Within the Adirondack Park;

(2)be filed at the earliest time practicable in the planning of the project, and in any event prior to the submission of a formal budget request for the funding of the project;

(3)include all materials prepared by the State agency pursuant to the State Environmental Quality Review Act.

(b)Within 15 working days of the filing of a notice of intent, the agency shall determine whether the notice is complete. If the agency fails to make such determination within such 15-day period, the notice shall be deemed complete. If the agency determines the notice is incomplete, it shall provide the State agency a concise statement of the additional information that will be required. The submission of additional information shall commence a new 15-day period for agency determination of completeness.

(c)The notice of intent shall not be complete unless it contains the same information as would be required under Part 572 of these regulations for a project of the same nature and scope.

(d)Following an agency determination that the notice of intent is complete, the State agency shall not undertake the project for a period of 30 days. During this period, the agency shall make one of the following determinations:

(1)the project will not be inconsistent with the provisions of the Adirondack Park land use and development plan and the shoreline restrictions, and will not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the park, taking into account the economic and social benefits to be derived from the project;

(2)the project will not be inconsistent with the plan and will not have an undue adverse impact provided certain conditions are met; or

(3)the project might be inconsistent with the plan or may have an undue adverse impact. In making the determination as to undue adverse impact, the agency shall apply the development considerations as further defined by section 574.5 of these regulations.

(e)The agency determination pursuant to subdivision (d) of this section shall be provided the State agency prior to the end of the 30-day period. Unless, within 15 days of its receipt of the determination, the State agency reports, pursuant to section 579.4(a)(2)(i) of this Part that it will comply with the conditions set forth by the agency, an agency determination pursuant to paragraph (d)(2) of this section will convert to a paragraph (d)(3) determination.

(f)If the agency determines, pursuant to paragraph (d)(3) of this section, that the State agency project might be inconsistent with the provisions of the plan or may have an undue adverse resource impact, or if such a determination is reached pursuant to subdivision (e) of this section, it shall notify the State agency by mail that a public hearing will be commenced on the project within 30 days of the notice and, at the same time, shall issue an order not to undertake the project for up to 90 days following the commencement of the hearing.

(g)Public hearings on State agency projects shall be governed by the provisions of Part 580 of these regulations. The burden of proving that a project will not be inconsistent with the plan and will not have an undue adverse impact shall rest with the State agency.

(h)Within 90 days of the completion of a public hearing on a State agency project, the agency shall make one of the following determinations and transmit it to the State agency:

(1)the project will not be inconsistent with the provisions of the land use and development plan and the shoreline restrictions, and will not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the park, taking into account the economic and social benefits to be derived from the project;

(2)the project will not be inconsistent with the plan and will not have an undue adverse impact, provided certain conditions are met; or

(3)the project will be inconsistent with the plan or will have an undue adverse impact.

9 NYCRR 579.4 - State agency response to agency determinations

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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)Within 15 days of receipt of an agency determination concerning a State agency project (except those pursuant to section 579.3[d][3] of this Part), the State agency shall make one of the following responses to the agency, in writing:

(1)if the agency determined that the project will not be inconsistent with the plan and will not have an undue adverse impact upon the resources of the park, the State agency shall report that it will undertake the project in accordance with the findings of fact of the agency decision;

(2)if the agency determined that the project will not be inconsistent with the plan and will not have an undue adverse impact, provided certain conditions are met, the State agency (i) shall report that it will comply with the conditions, or (ii) if it proposes not to comply with the conditions, shall fully explain and justify why it will not comply;

(3)if the agency determined that the project will be inconsistent with the plan or will have an undue adverse impact, the State agency (i) shall report that it will not undertake the project, or (ii) if it proposes to undertake the project, shall fully explain and justify such decision and describe the measures it will take to mitigate the inconsistency or adverse impacts.

(b)The State agency shall file its responses under this section with the office of the Governor and with the chief elected officer and planning board chairman of each county, town or village in which the project is proposed.

9 NYCRR 579.5 - [Repealed]

Repealed or removed in compiled source

The compiled source records this section as repealed. We hold the witnessed tombstone record; see the source for details.

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

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