NY Exec L § 811 (2021)
2021 New York Laws EXC - Executive Article 27 - Adirondack Park Agency 811 - Special Provisions Relating to Agency Project Review Jurisdiction and the Shoreline Restrictions.

§ 811. Special   provisions   relating   to   agency   project  review   jurisdiction and the  shoreline  restrictions.  1.  Notwithstanding  any   other  provision  of  this article, including the provisions of the land   use and development plan and the shoreline restrictions,  the  following   provisions   shall   apply   in   connection  with  the  project  review   jurisdiction  of  the  agency  under  section  eight  hundred  nine  and   application  of  the  shoreline restrictions either by the agency in the   review of a project or by operation of section eight hundred six.a. Single family dwelling on existing vacant lot.  One  single  family   dwelling  or  mobile home shall be allowed to be built on any vacant lot   which was on record on the  date  that  this  act  shall  become  a  law   regardless of the overall intensity guidelines, or the minimum lot width   provisions  of  the  shoreline  restrictions.   For the purposes of this   exemption, such a lot must not adjoin other lots in the same  ownership,   provided  however,  that  all  such  lots  in  the same ownership may be   treated together as one lot. In addition  to  the  foregoing  exemption,   where  the agency has jurisdiction, for a reason other than its location   in a critical environmental area, of a single family dwelling or  mobile   home  on  a  lot  described  in  this  paragraph  which  is  owned by an   individual who has continually owned such lot since  May  twenty-second,   nineteen hundred seventy-three, it may not disapprove the project on any   of  the  grounds  specified in paragraph e of subdivision ten of section   eight hundred nine, but may impose such  reasonable  conditions  on  the   type  and  manner of placement of any individual on-site sewage disposal   facilities as are in furtherance of the purposes of this article and  in   compliance with applicable standards of the department of health.b. Conversions of certain existing uses. Those structures in existence   on  the  date  that this act shall become a law that are associated with   resort hotels, rental cottages and group camps shall be  allowed  to  be   converted  from their previous use to individual single family residence   use, notwithstanding the fact that such structures, as converted, do not   conform  to  the  overall  intensity   guidelines   or   the   shoreline   restrictions.c.  Gifts,  devises  and  inheritances.  The  mere  division  of  land   resulting from bona fide gift, devise or inheritance by and from natural   persons shall not be subject to review by the agency. New  land  use  or   development  on  lots,  parcels or sites conveyed by individuals, who on   the date that this act shall become law own such  land,  to  members  of   their immediate families by bona fide gift, devise or inheritance, shall   be exempt from the overall intensity guidelines and the minimum lot size   criteria specified in the class B regional project lists for the purpose   of  constructing  one  single family dwelling or mobile home on any such   lot, parcel or site.2. Any pre-existing land use and development shall not be  subject  to   review by the agency.3.  Any  (a)  pre-existing subdivision of land, (b) any subdivision or   portion of a subdivision  that  involves  seventy-five  or  fewer  lots,   parcels  or  sites  for  the  completion of which any or all permits and   other approvals required by or pursuant to law were obtained after  July   first,  nineteen  hundred  seventy-one  and  for which all such required   permits were in full force and effect  on  July  thirty-first,  nineteen   hundred  seventy-three,  or  (c)  individual  single  family dwelling or   mobile home, erected or placed  on  any  lot,  parcel  or  site  in  any   subdivision  referred  to  in  clauses (a) and (b) hereof which has been   approved by the state department of health,  shall  not  be  subject  to   review  by  the agency, provided, however, that a subdivision or portion   of a subdivision described in clause (b) hereof shall become subject  to   review  by  the agency on August first, nineteen hundred seventy-four if    such subdivision or portion is  not  in  existence  on  said  date.  Any   individual  single  family dwelling or mobile home referred to in clause   (c) of this subdivision hereof shall not be subject to the  minimum  lot   width provisions of the shoreline restrictions.4.  With respect to any land use or development or subdivision of land   or portion thereof approved by the  agency  under  its  interim  project   review  authority,  in  section  eight hundred fifteen, such land use or   development or subdivision or portion thereof may proceed in  accordance   with  the  terms  of  the  approval  and shall not be subject to further   review by the agency  so  long  as  such  land  use  or  development  or   subdivision   or  portion  thereof  is  substantially  commenced  and/or   material expenditures and financial obligations have been incurred  with   regard to such land use or development or subdivision or portion thereof   within two years of such approval.5. Any existing land use or development, including any structure being   restored  or  rebuilt  in whole or in part, being increased or expanded,   whether in successive stages or at one time, to a  total  of  less  than   twenty-five  percent  of  its  size  or  square  footage  at the date of   enactment or when originally built or undertaken,  whichever  is  later,   shall  not be subject to review by the agency.  Any material increase or   expansion  thereafter  shall  constitute  a  reviewable  land   use   or   development  if otherwise within the agency's review jurisdiction. In no   case shall any increase or expansion violate, or increase non-compliance   with, the minimum setback requirements of  the  shoreline  restrictions.   Notwithstanding  the  foregoing, a single family dwelling or mobile home   may always be enlarged  or  rebuilt  to  any  extent  provided  that  it   continues  to  be used as such, provided, however, that no such increase   or expansion shall violate, or increase  any  non-compliance  with,  the   minimum setback requirements of the shoreline restrictions.