NY Env Conserv L § 34-0106 (2021)
2021 New York Laws ENV - Environmental Conservation Article 34 - Coastal Erosion Hazard Areas 34-0106 - County Regulation of Coastal Erosion Hazard Areas.

§ 34-0106. County regulation of coastal erosion hazard areas.   1.  If  a  city,  other  than a city which wholly includes one or more counties, a town or village fails  to  submit  an  erosion  hazard  area ordinance  or local law to the commissioner within the time specified in subdivision one of section 34-0105 of this article, as such time may  be extended  by the commissioner under subdivision three of such section or if  an  ordinance  or  local  law  has  been  disapproved  pursuant   to subdivision two of such section, the commissioner shall notify the clerk of  the  legislative  body  of  the  county  in which such city, town or village is located. Within six months from receipt of such notification, such county shall submit to the commissioner  a  county  erosion  hazard area  local  law  meeting  the  criteria specified in subdivision one of section 34-0105 of this article, applicable to the erosion  hazard  area of  such  city, town or village. Notwithstanding any other provisions of law, whether general or special,  or  any  provision  of  local  law  or ordinance,  to  carry  out the purposes of this section, counties shall, within the erosion hazard area subject to  such  county  local  law,  be deemed  to  possess the same implementation powers as could be exercised by the city, town or village within which the  erosion  hazard  area  is situated.   The commissioner shall provide whatever technical assistance he may deem necessary for preparation of a local law  pursuant  to  this section.   2.  Such  county  erosion  hazard  area  local law shall be subject to public notification and review and, be submitted to the commissioner for approval as to its consistency with the  minimum  standards  promulgated pursuant  to section 34-0108 of this article; the commissioner shall act to approve or disapprove such local law within thirty  working  days  of its  receipt.  If  the  commissioner disapproves the local law, he shall notify the county legislative body in writing of the  reasons  for  such disapproval  or  modification  necessary  for approval. The commissioner shall issue findings as part of his decision.   3. In case of disapproval of a county erosion hazard  area  local  law under   subdivision  two  of  this  section,  the  commissioner  at  his discretion may extend the six month period for adoption  of  such  local law for a reasonable time period not to exceed an additional six months, during  which time, the county may adopt and re-submit a new or modified county erosion hazard area local law to the commissioner for approval as provided in subdivision two of this section.   4. Prior to the adoption  of  any  amendment  to  an  approved  county erosion hazard area local law, the county shall notify the commissioner, who  shall within fifteen days after receipt of such notification advise the county whether such  amendment  relates  to  the  minimum  standards promulgated  pursuant  to section 34-0108 of this article. Any amendment to such local law that  relates  to  such  minimum  standards  shall  be subject  to  approval by the commissioner as provided in subdivision two of this section.   5. Nothing in this section shall be construed to  prohibit  any  city, town  or  village  from  adopting  and enforcing any ordinances or local laws, or exercising any other lawful powers within any area governed  by an  approved  county  erosion  hazard area local law; provided, however, that to the extent of any inconsistency between a city, town or  village ordinance  or local law and an approved county erosion hazard area local law, the latter shall apply.   6. In any city, town or village where there  is  in  effect  a  county erosion  hazard area local law adopted pursuant to this section, nothing herein shall be construed as preventing such city, town or village  from submitting,  at  any time, an erosion hazard area ordinance or local law to the commissioner for approval pursuant to  section  34-0105  of  this  article. If such ordinance or local law is approved by the commissioner, he  shall  immediately  notify the affected county, and the county local law shall cease to apply to the affected erosion hazard  area  from  the date of receipt by the county of such notification.   7.  (a) If approval of a city (other than a city which wholly includes one or more counties), town or village erosion hazard area ordinance  or local law is revoked by the commissioner pursuant to subdivision four of section  34-0105  of  this  article,  the commissioner may designate the county in which such city, town or village is located to administer  and enforce  such  city,  town  or  village  ordinance or local law so as to insure compliance of activities or development in the  affected  erosion hazard  area  with the minimum standards promulgated pursuant to section 34-0108 of this article. Such county shall  be  deemed  to  possess  all administrative  and  enforcement  powers  included in such city, town or village ordinance or local law.  (b) The commissioner shall reinstate approval of  the  city,  town  or village  ordinance  or local law when the commissioner is satisfied that the city, town or village will carry out the purposes  and  policies  of this article, at which time administration and enforcement by the county pursuant  to this subdivision shall cease, and the city, town or village shall administer and enforce such ordinance or local law.   8. The commissioner shall revoke his  approval  of  a  county  erosion hazard  area  local  law,  or  shall  revoke his designation pursuant to subdivision six of this section of a county to administer and enforce  a city,  town  or  village ordinance or local law, if he determines, after notice and hearing relative thereto, that the affected county has failed to administer or enforce such ordinance or local law to adequately carry out the purposes and policies of this article.  In  the  event  of  such revocation,  the  provisions  of subdivision three of section 34-0107 of this article shall apply.   9. Where an application is made for any permit, variance or other form of approval required pursuant to any local law enacted and  approved  by the   commissioner  pursuant  to  this  section,  for  any  activity  or development within a designated erosion hazard area, the county to which such application is made shall ascertain what,  if  any,  other  permit, variance  or hearing procedures or applications are required with regard to such activity or development by any governing body of  the  state  or its  subdivisions  pursuant  to  any  federal,  state  or  local  law or ordinance.  Such  county,  at  the  request  of  the  applicant,   shall consolidate  and  coordinate  said  application,  permit,  variance  and hearing procedures, as required by each such governing authority, into a single, comprehensive hearing and review procedure with regard  to  such activity  or  development.  However,  nothing  contained in this section shall be deemed to limit or restrict the state, its subdivisions, or any other  governing  authorities,  which  are  properly  a  party  to  such consolidated  review  proceeding,  from the independent exercise of such discretionary  authority  with  respect  to  the  issuance,  denial   or modification  of  such  permits, variances or other forms of approval as they may have been granted by law.