NY Exec L § 808 (2021)
2021 New York Laws EXC - Executive Article 27 - Adirondack Park Agency 808 - Administration and Enforcement of Approved Local Land Use Programs.

§ 808. Administration  and  enforcement  of  approved  local  land use   programs.  1. Local land use programs that have  been  approved  by  the   agency and validly enacted or adopted shall be administered and enforced   as provided for in such approved programs.2.  Upon  receipt  of an application to undertake any class B regional   project that is permissible under an approved local  land  use  program,   the  local  government body or officer having jurisdiction thereof shall   give written notice thereof to the agency, together with such  pertinent   information  as  the  agency  may  deem necessary. The agency shall have   standing to participate as a party in the local review of such  project,   including  any  public  hearing  thereon,  and to have the issuance of a   permit  therefor  by  such  body  or  officer  reviewed  under   article   seventy-eight  of  the  civil  practice  law  and  rules  and  to  bring   proceedings  in  any  court  of  competent  jurisdiction  to  have   any   undertaking  pursuant  to such permit restrained, enjoined, corrected or   abated.3. Upon receipt of an application for a variance from any provision of   an approved local land use program involving land in any land  use  area   other  than  a  hamlet,  including  any shoreline restriction, the local   government body  or  officer  having  jurisdiction  thereof  shall  give   written  notice  thereof  to  the  agency  together  with such pertinent   information as the agency may deem  necessary.    If  such  variance  is   granted,  it  shall  not  take effect for thirty days after the granting   thereof. If, within such thirty day period, the agency  determines  that   such  variance  involves  the provisions of the land use and development   plan as approved in the local land use program including  any  shoreline   restriction  and  was  not based upon the appropriate statutory basis of   practical difficulties or unnecessary hardships, the agency may  reverse   the  local determination to permit the variance.  If the agency so acts,   the appropriate local government officer or body, as well as  any  other   person aggrieved by such action, shall have standing to have such action   reviewed  under  article  seventy-eight  of  the  civil practice law and   rules.4. The agency, after  consultation  with  the  Adirondack  park  local   government  review  board, shall have standing to institute a proceeding   in any court of competent jurisdiction to revoke its approval of a local   land use program and reassert  its  review  jurisdiction  over  class  B   regional  projects  under section eight hundred nine whenever the agency   determines by a two-thirds affirmative vote  of  its  members  that  the   local  government  body or officer having jurisdiction has repeatedly or   frequently failed or refused, after due notice  and  requests  from  the   agency,  and with such body or officer having had full opportunity to be   heard on all issues involved, to  administer  or  enforce  the  approved   local  land  use  program to adequately carry out the policies, purposes   and  objectives  of  the  approved  program  or  of  the  land  use  and   development  plan.  Not  earlier than one year after any such successful   reassertion by the agency, or such  earlier  time  as  may  be  mutually   agreed  to,  the  legislative  body of the local government involved may   submit its local land use program, or any amended version thereof, or  a   newly  proposed  program  to  the agency for approval as provided for in   section eight hundred seven for the initial approval of a local land use   program.5. The agency shall be a party who shall be joined,  pursuant  to  the   terms of subdivision a of section one thousand one of the civil practice   law and rules, in any action initiated by or against a local government,   or an instrumentality, agent or employee thereof, in which the issues to   be adjudicated relate or pertain to the criteria for approval of a local   land  use  program set forth in subdivision two of section eight hundred    seven of this article. In any other action initiated  by  or  against  a   local  government,  or  an  instrumentality,  agent or employee thereof,   joinder of the agency shall be governed by  the  terms  of  section  one   thousand two of the civil practice law and rules.6.  In  any  action  where the agency is a party pursuant to the first   sentence of subdivision five  of  this  section,  the  attorney  general   shall,  at the request of the local government and without cost to local   government, also represent the local government as to those issues which   are common to both the agency and the local government, and as to  which   both seek the same or substantially similar determination.