NY Env Conserv L § 34-0107 (2021)
2021 New York Laws ENV - Environmental Conservation Article 34 - Coastal Erosion Hazard Areas 34-0107 - Department Regulation of Coastal Erosion Hazard Areas.

§ 34-0107. Department regulation of coastal erosion hazard areas.1.  If  a  city  which  wholly  includes one or more counties fails to   submit an erosion hazard area local law or ordinance 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 such local law or ordinance has   been disapproved pursuant to subdivision two of such section,  or  if  a   county  fails  to  submit  an  erosion  hazard  area  local  law  to the   commissioner within the time specified in  subdivision  one  of  section   34-0106 of this article as such time may be extended by the commissioner   under  subdivision  three  of such section, or if a county local law has   been disapproved pursuant  to  subdivision  two  of  such  section,  the   commissioner   shall,   within   ninety   days  after  such  failure  or   disapproval, as the case may be, issue  and  enforce  regulations  which   apply  the  minimum standards promulgated pursuant to section 34-0108 of   this article within the affected erosion hazard area.2. Prior to the issuance of regulations  applicable  to  a  particular   erosion  hazard  area  pursuant  to subdivision one of this section, the   commissioner shall hold a public hearing thereon in the  affected  city,   town  or  village,  and  shall  give  at least fifteen days prior notice   thereof by publication at least  once  in  a  newspaper  having  general   circulation therein. The commissioner shall issue the regulations within   thirty  days after the close of such hearing, shall publish a summary of   such regulations in  a  newspaper  having  general  circulation  in  the   affected  city,  town  or  village,  and  shall  make  such  regulations   available for public inspection. Such regulations shall not take  effect   until  thirty  days  after  the  filing  thereof  with  the clerk of the   affected county.3. If the commissioner does not  designate,  pursuant  to  subdivision   eight  of  section  34-0106  of this article, a county to administer and   enforce a city, town or village erosion hazard area ordinance  or  local   law  for which approval has been revoked pursuant to subdivision five of   section 34-0105 of this article, or if  the  commissioner,  pursuant  to   subdivision  seven  of  section  34-0106  of  this  article, revokes his   approval of a county erosion hazard area local law or, pursuant to  such   subdivision  revokes  his  designation  of  a  county  to administer and   enforce a city, town or village erosion hazard area ordinance  or  local   law, he shall administer and enforce the affected ordinance or local law   in  such  manner 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.  The commissioner may   designate such county to commence administration and enforcement  of  an   ordinance  or  local  law  subject  to  this  subdivision upon receiving   satisfactory assurance that such administration and enforcement will  be   undertaken  in  such  manner as to adequately carry out the purposes and   policies of this article.4. Nothing in this section shall be construed to  prohibit  any  local   government  from adopting and enforcing any ordinances or local laws, or   exercising any other lawful powers within any area governed  by  erosion   hazard  area  regulations  adopted  pursuant  to this section; provided,   however, that to the extent of any inconsistency between a county, city,   town  or  village  ordinance  or  local  law  and  erosion  hazard  area   regulations adopted pursuant to this section, the latter shall apply.5.  In  any  city,  town  or village where there are in effect erosion   hazard area regulations issued by  the  commissioner  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,  or  for any county to provide such   regulation in absence of local law or  ordinance,  pursuant  to  section   34-0106  of  this  article. Before county assumption of such regulation,   there  shall  be notification given to the city, town or village of such   intention by the county,  and  any  objections  shall  be  reviewed  and   considered  by the commissioner before approving such county regulation.   When a county, city, town or village local law or ordinance is  approved   by  the  commissioner, the erosion hazard area regulations issued by the   commissioner pursuant to this section shall cease to apply, and a notice   to that effect shall be filed with the  clerks  of  the  affected  local   governments.6.  Consistent  with the provisions and purposes of article seventy of   this chapter, where an application is made to  the  commissioner  for  a   permit  pursuant  to section 34-0109 of this article for any activity or   development within a designated erosion hazard  area,  the  commissioner   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  any  of  its   subdivisions pursuant to any federal, state or local law  or  ordinance.   The  commissioner, 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.