N.Y. EXC Law § 814 — New York Code / Act EXC / Article 27 / Section 814
State agency projects
Status: in_force

§ 814. State agency projects. 1. Any state agency which intends to\nundertake any new land use or development within the Adirondack park,\nother than land use or development by the department of environmental\nconservation pursuant to the master plan for management of state lands,\nirrespective of whether the land use area wherein the project is\nproposed to be located is governed by an approved local land use program\nshall give due regard to the provisions of the plan and the shoreline\nrestrictions and shall file a notice of such intent thereof with the\nagency. Such notice shall be filed at the earliest time practicable in\nthe planning of such project, and in no event later than the submission\nof a formal budget request for the funding of such project or any part\nthereof.  Such notice shall contain a description of the proposed\nproject, together with such additional information relating thereto as\nthe agency may determine necessary and appropriate for the purposes of\nthis section. The state agency shall not undertake such project for a\nperiod of thirty days, or such earlier time as the agency may specify,\nfollowing the filing of the notice of intent.\n  2. During such thirty-day period, the agency may review the project to\ndetermine whether it: a. might be inconsistent with the provisions of\nthe plan and shoreline restrictions, or\n  b. may have an undue adverse impact upon the natural, scenic,\naesthetic, ecological, wildlife, historic, recreational or open space\nresources of the park, taking into account the economic and social\nbenefits to be derived from such project.  In making such determination,\nthe agency shall apply the development considerations.\n  3. If, on or before the conclusion of such thirty-day period, the\nagency determines that the project will not be inconsistent with such\nprovisions or restrictions and will not have an undue adverse impact\nupon such resources, it shall report its findings to the state agency.\nIf the agency determines, at or before the conclusion of such period,\nthat the project might be inconsistent with such provisions or\nrestrictions, or might have such an undue adverse impact upon such\nresources, it shall notify the state agency by mail, that the agency\nwill hold public hearing on the project within thirty days of such\nnotice and, at the same time, issue an order to the state agency not to\nundertake the project for up to ninety days following the commencement\nof such public hearing. During such ninety-day or lesser period, the\nagency shall further review the project and determine whether or not it\nwill be inconsistent with such provisions or restrictions or have such\nundue adverse impact. On or before the conclusion of such ninety-day\nperiod, the agency shall report its findings in the manner provided\nabove.\n  4. This section shall not apply to any emergency project which is\nimmediately necessary for the protection of life or property as defined\nby the agency by rule and regulation.\n  5. The agency may adopt, and have authority to amend or repeal, rules\nand regulations, consistent with this section, to govern its procedures\nfor the reviews authorized by this section.\n