9 NYCRR Part 582 - Executive Department

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

Sections in this Part carry different compiled dates; each section shows its own.

9 NYCRR 582.1 - Local land use programs under the Adirondack Park Agency Act

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)Agency approval and local enactment of a local land use program (1) transfers to local government agency review jurisdiction over class B regional projects and variances from the shoreline restrictions, and (2) requires the agency to apply certain of the standards and requirements of the local land use program in its review of class A regional projects.

(b)The agency has prepared model local land use controls to meet the criteria of section 807(2) of the Adirondack Park Agency Act and section 582.2 of this Part. Copies may be obtained from the agency.

9 NYCRR 582.2 - Criteria for approval of local land use programs

Source version current through Jun 30, 2025

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Dates and status

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

A local land use program will comply with section 807(2) of the Adirondack Park Agency Act if:

(a)

(1)It is based upon a current and comprehensive inventory and analysis of the natural resources of the lands and existing facilities within the local government; and

(2)it contains statutes and regulations which guide land use and development throughout the local jurisdiction and establish boundaries of local land use districts which reflect all natural and man-made opportunities for and limitations to development.

The scope and intensity of the studies may differ from community to community in light of community resources, previous planning work, if any, and the data base essential for the review of class B regional projects.

(b)It contains local land use controls, including subdivision regulations, a zoning ordinance or local law, and a sanitary code, which:

(1)conform with applicable provisions of State law;

(2)provide for land use control throughout the jurisdiction of the local government; and

(3)provide for the referral to the agency of any proposed amendments described in section 582.5 of this Part.

(c)It contains subdivision regulations which:

(1)make appropriate provision for the review of subdivisions which are class B regional projects as provided in section 807(2)(f) of the Adirondack Park Agency Act;

(2)provide opportunity for clustering of new development;

(3)contain adequate standards relating to lot layout, road design and construction, public utility installation, erosion control and revegetation of disturbed areas, protection of shorelines and unique natural and cultural features, and provision of recreation areas and preservation of open space;

(4)provide for the review of all subdivisions of land of two or more lots except that, where local conditions warrant, a local land use program may utilize a different review threshold for subdivisions, to include no less than all divisions of land into five or more lots, parcels or sites, and all other divisions of land involving a new public or private road regardless of the number of lots involved.

Paragraphs (2) and (3) of this subdivision may be satisfied by other provisions in a local land use program including zoning and/or land use controls other than subdivision regulations.

(d)It contains zoning regulations which:

(1)provide for and encourage, in each local land use district, land uses and developments that are compatible with the character, description and objectives of that district as stated in the local comprehensive plan, and reasonably apply the compatible uses lists of the Adirondack Park land use and development plan;

(2)reasonably apply the overall intensity guidelines, through minimum lot area specifications or other appropriate means, and if a wild, scenic or recreational river is located within the local government, provide for a rivers system land management plan or for intensity controls in conformance with Part 577 of these regulations;

(3)include dimensional regulations in which the minimum shoreline lot widths and building setbacks comply with or exceed section 806 of the Adirondack Park Agency Act;

(4)include at a minimum the shoreline vegetative cutting restrictions, and restrictions concerning deeded or contractual access to shoreline of section 806 of the Adirondack Park Agency Act;

(5)incorporate, or make reference to, for purposes of determining regional project jurisdiction, the official Adirondack Park Land Use and Development Plan Map;

(6)make provision for the review of class B regional projects as provided in section 807(2)(f) of the Adirondack Park Agency Act;

(7)provide for sign and junkyard control, including local sign regulations in conformance, at a minimum, with Appendix Q-3 of these regulations;

(8)include provisions for notice to the agency of variance applications described in section 582.6 of this Part; and

(9)provide for administration and enforcement of the zoning regulations.

(e)It contains a sanitary code, or incorporates by reference the regulations of a consolidated or county health district, which:

(1)provides for site review of all new onsite wastewater treatment systems prior to issuance of building permits; and

(2)complies with the regulations of the Department of Health contained in 10 NYCRR Part 75, the standards set forth in the agency's model sanitary code, and, if required by the agency based upon local soil conditions, the additional standards set forth in Appendix Q-4 of these regulations.

(f)This section shall not be construed to prevent the development and submission of local land use programs which contain additional or supplemental provisions, or to restrain initiative on the part of local governments desiring to develop local land use programs in alternate formats as warranted by local conditions.

9 NYCRR 582.3 - Criteria for approval of local land use programs relative to a geographic portion of a local government

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 local land use program submitted for approval relative to a significant geographical portion of a local government pursuant to section 807(4) of the Adirondack Park Agency Act shall be approved if the criteria of section 582.2 of this Part are met with respect to such portion. The transfer of jurisdiction referred to in section 582.1 of this Part shall occur only in those portions subject to such controls.

9 NYCRR 582.4 - Criteria for approval of components of local land use programs

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 component of a local land use program submitted pursuant to section 807(3) of the Adirondack Park Agency Act shall satisfy the criteria of the following subdivisions of section 582.2 of this Part:

(a)if a zoning ordinance or law, subdivisions (b) and (d);

(b)if subdivision regulations, subdivisions (b) and (c);

(c)if a sanitary code, subdivisions (b) and (e);

(d)if any other component, the applicable criteria.

9 NYCRR 582.5 - Amendments to approved local land use programs

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)The following classes of amendments to approved local land use programs, including local land use programs relative to a geographic portion of a local government, shall be subject to agency review pursuant to section 807 of the Adirondack Park Agency Act prior to enactment by the local government:

(1)creation of a new land use district or amendments to existing boundary lines of such districts outside hamlet areas on the official map;

(2)additions to the permitted use lists outside hamlet areas which would allow in any land use area on the official map a use not a primary or secondary compatible use for that area;

(3)amendments to the shoreline restrictions which would fall below the minimums established in section 806 of the Adirondack Park Agency Act;

(4)amendments to the substantive or procedural provisions relating to review of class B regional projects;

(5)amendments to provisions relating to administration and enforcement of the land use program;

(6)amendments to sign or automobile junkyard regulations;

(7)amendments to the sanitary code or sanitary control provisions;

(8)amendments to the subdivision regulations;

(9)amendments to controls governing intensity of development outside hamlet areas, such as minimum lot areas;

(10)amendments which would repeal any provisions referred to in paragraphs (1) through (9) of this subdivision; and

(11)any other amendments which involve the provisions of the land use and development plan.

(b)The agency shall approve, approve subject to conditions or disapprove such amendment(s) within 45 days of submission.

9 NYCRR 582.6 - Agency review of variances from approved local land use programs

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)The following variances from approved local land use programs shall be subject to agency review, pursuant to section 808(3) of the Adirondack Park Agency Act, if outside hamlet areas:

(1)variances from local shoreline restrictions;

(2)variances from the local controls governing intensity of development, such as minimum lot areas;

(3)variances from use restrictions which would allow a use other than those on the classification of compatible use lists in the Adirondack Park Agency Act for the official map land use area in which it would be located; and

(4)any other variances which involve the provisions of the land use and development plan.

(b)A local government shall provide written notice to the agency of an application for any variance referred to in subdivision (a) of this section within 15 days of receipt or within such period as may be agreed upon. The agency may request additional pertinent information.

(c)Prior to local action on a variance application, the agency may, at the request of the local government, render an advisory opinion as to whether a variance may be granted.

(d)Written notice of the granting of a variance described by this section shall be given to the agency within 15 days thereof. The variance shall not take effect until the agency determines that it will not reverse or modify the variance. If the agency has made no determination within 30 calendar days after receipt of notice, the variance shall take effect at the end of such period.

9 NYCRR 582.7 - Notification to the agency of class B regional project applications

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)A local government with an approved land use program shall notify the agency of an application to undertake a class B regional project within 15 days of receipt or within the period provided in the land use program, or as may be otherwise agreed between the agency and the local government.

(b)The agency may request additional information, which shall be furnished within 10 days and in any case no later than five days prior to any public hearing.

(c)Notice of any public hearing on a project shall be furnished to the agency at least 10 days prior to the date of the hearing.

9 NYCRR 582.8 - Transfer to local governments of jurisdiction over certain freshwater wetlands

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)Any town or village which has, in a local land use program or otherwise, adopted and implemented a local freshwater wetlands protection law or ordinance may apply to the agency for approval of such law or ordinance and transfer to it of agency jurisdiction over freshwater wetlands as described in this section.

(b)The agency shall approve a local wetlands protection law or ordinance which:

(1)meets the criteria of section 24-0803(2) of the Freshwater Wetlands Act;

(2)contains a classification of wetlands within the municipality according to the values of particular types of wetlands. Agency staff may consult with and give technical assistance to local governments preparing such classifications.

(c)Upon approval of a local freshwater wetlands protection law or ordinance, the agency shall approve or modify the classification system, and may transfer any or all of its jurisdiction over regulated activities conducted upon, or land use and development or subdivision involving, those wetlands located upon private lands which are of lesser regional importance, and are appropriately to be administered by the local government.

(d)In classifying wetlands pursuant to an application to transfer jurisdiction to local government pursuant to this section, or in preparing or reviewing minimum land use regulations for freshwater wetlands pursuant to section 24-0903 of the Freshwater Wetlands Act, the agency may, after public hearing, determine to regulate adjacent areas to such distances greater than 100 feet from the boundaries of certain wetlands as are necessary to protect and preserve such wetlands. A list of wetlands for which a greater adjacent area is regulated shall be filed as an appendix to these regulations.

(e)The public hearing referred to in subdivision (d) of this section shall be held in the town or village in which the affected wetlands are located on not less than 15 days notice by certified mail to the persons named in section 578.12(b) of these regulations and to the owners of the affected adjacent areas, as shown on the latest completed tax assessment rolls, and by publishing a copy of the notice at least 15 days in advance in a newspaper of general circulation in the area.

(f)A copy of any order issued by the agency pursuant to subdivision (d) of this section and a map of the wetland and affected areas shall be mailed to the persons named in subdivision (e) of this section and published in the newspaper referred to therein.

9 NYCRR 582.9 - Submission of rivers system land management plans by local governments

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)Local governments are encouraged to submit a rivers system land management plan relative to river areas in their jurisdictions in accordance with section 577.9 of these regulations.

(b)Upon agency approval, a rivers system land management plan shall apply in lieu of agency jurisdiction over the river area involved pursuant to Part 577 of these regulations.

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