NY Env Conserv L § 34-0105 (2021)
2021 New York Laws ENV - Environmental Conservation Article 34 - Coastal Erosion Hazard Areas 34-0105 - Local Regulation of Coastal Erosion Hazard Areas.

§ 34-0105. Local regulation of coastal erosion hazard areas.1. Within six months after the date on which a final identification of   an  erosion  hazard  area  is  filed  with  the clerk of a city, town or   village pursuant  to  subdivision  three  of  section  34-0104  of  this   article,  such city, town or village shall submit to the commissioner an   erosion hazard area ordinance or local law applicable to that portion of   such area located within its jurisdiction. Then the  commissioner  shall   review  and  certify  such  regulations  as  being  consistent  with the   purposes of this  article  and  in  accordance  with  minimum  standards   promulgated  under  section 34-0108 of this article. All such ordinances   or local laws shall include a map or other identification of the erosion   hazard area subject to regulation, and zoning  regulations,  subdivision   regulations, site plan approval regulations or any other applications of   the police power, as such regulations may be authorized by the municipal   home  rule  law  or other state enabling legislation, for the reasonable   and prudent use of erosion  hazard  areas  in  accordance  with  minimum   standards promulgated by the commissioner pursuant to section 34-0108 of   this article. Nothing in this article shall be construed to increase the   powers  of  any  city, town or village; provided, however, that to carry   out the purpose of this article, any regulations adopted  in  compliance   with  the  provisions of this subdivision may be made applicable to only   that portion of such city, town or village which is located  within  the   erosion  hazard  area. The commissioner shall provide whatever technical   assistance he may deem necessary for  preparation  of  an  ordinance  or   local law pursuant to this section.2. Such erosion hazard area ordinance or 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  ordinance  or local law within thirty   working days  of  its  receipt.  If  the  commissioner  disapproves  the   ordinance  or  local  law,  he shall notify the city, town or village 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 the case of the commissioners disapproval  of  a  local  law  or   ordinance  under  subdivision  two of this section, the commissioner, at   his discretion, may extend the six month period for the adoption  of  an   erosion  hazard area local law or ordinance for a reasonable time period   not to exceed an additional six months, during  which  time,  the  local   government  may  adopt  and  re-submit  a  new  or modified local law or   ordinance to the commissioner for approval as  provided  in  subdivision   two of this section. During such extension period, provisions of section   34-0106 of this article shall not apply.4.  Prior  to  the  adoption  of  any amendment to an approved erosion   hazard area ordinance or local law, the local  government  shall  notify   the  commissioner,  who  shall within fifteen days after receipt of such   notification advise the local government whether such amendment conforms   to the minimum standards promulgated pursuant to section 34-0108 of this   article. Any amendment to such ordinance or 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. The commissioner shall revoke his approval  of  an  erosion  hazard   area  ordinance  or local law if he determines, after notice and hearing   relative thereto, that the affected city, town or village 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 seven of section 34-0106 of    this article or the provisions of subdivision three of  section  34-0107   of this article shall apply.6. Where an application is made for any permit, variance or other form   of  approval  required pursuant to any local law or ordinance enacted or   adopted and approved by the commissioner pursuant to this  section,  for   any activity or development within a designated erosion hazard area, the   city,  town or village 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 by any   governing body of the state or any of its subdivisions pursuant  to  any   federal, state or local law or ordinance. Such city, town or village, 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.