NY Exec L § 810 (2021)
2021 New York Laws EXC - Executive Article 27 - Adirondack Park Agency 810 - Class a and Class B Regional Projects.

§ 810. Class  A  and class B regional projects. All references in this article to class A regional projects or to  class  B  regional  projects shall  mean,  for  the  land use areas indicated, the following new land uses or development  or  subdivisions  of  land:  1.  Class  A  regional projects.  a.  Hamlet  areas.  (1) All land uses and development and all subdivisions of land involving wetlands except for forestry uses  (other than  timber  harvesting  that  includes  a proposed clearcutting of any single unit of land of more than twenty-five acres), agricultural  uses, public utility uses, and accessory uses or structures (other than signs) to any such use or to any pre-existing use.  (2)  Any  class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior  to or at the time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so  agreed  upon  must  be  designated by and its review authorized in a local ordinance or local law.  (3) All land  uses  and  development  and  all  subdivisions  of  land involving  one  hundred  or  more  residential lots, parcels or sites or residential units, whether designed for permanent, seasonal or transient use.  (4)  All  structures  in  excess  of  forty  feet  in  height,  except agricultural   use  structures  and  residential  radio  and  television antennas.  (5) Commercial or private airports.  (6) Watershed management and flood control projects.  (7) Any material increase or expansion of  an  existing  land  use  or structure  included  on this list that is twenty-five percent or more of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   b. Moderate intensity use areas. (1) All land uses and development and all subdivisions of land located in the following critical environmental areas:  (a)  within  one-quarter  mile  of  rivers  navigable  by   boat designated  to  be studied as wild, scenic or recreational in accordance with the environmental  conservation  law  during  the  period  of  such designation;  (b)  involving  wetlands; (c) at elevations of twenty-five hundred feet or more; (d) within one-eighth mile  of  tracks  of  forest preserve  land  or  water  now  or  hereafter  classified as wilderness, primitive or canoe in the master plan for  management  of  state  lands, except  for  an  individual single family dwelling and accessory uses or structures thereto. Provided, however, that the above shall not  include forestry  uses  (other  than  clear-cutting  as specified in number nine below), agricultural uses, open space recreation  uses,  public  utility uses,  and  accessory  uses or structures (other than signs) to any such use or to any pre-existing use.  (2) Any class of land use or development or subdivision of  land  that by  agreement between a local government and the agency, either prior to or at the time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so agreed upon must be designated by and  its  review  authorized  in  a local ordinance or local law.  (3)  All  land  uses  and  development  and  all  subdivisions of land involving seventy-five or more residential lots,  parcels  or  sites  or residential units, whether designed for permanent, seasonal or transient use.  (4)  Commercial or agricultural service uses involving ten thousand or more square feet of floor space.  (5)  All  structures  in  excess  of  forty  feet  in  height,  except agricultural   use  structures  and  residential  radio  and  television antennas.  (6) Tourist attractions.  (7) Ski centers.  (8) Commercial or private airports.  (9)  Timber  harvesting  that  includes a proposed clearcutting of any single unit of land of more than twenty-five acres.  (10) Sawmills, chipping mills, pallet mills  and  similar  wood  using facilities.  (11) Mineral extractions.  (12) Mineral extraction structures.  (13) Watershed management and flood control projects.  (14) Sewage treatment plants.  (15) Major public utility uses.  (16) Industrial uses.  (17)  Community  housing  as  defined  in  subdivision  seventeen-a of section eight hundred two of this article.  (18) Any material increase or expansion of an  existing  land  use  or structure  included  on this list that is twenty-five percent or more of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   c. Low intensity use areas. (1) All land uses and development and  all subdivisions  of  land  located  in the following critical environmental areas:  (a)  within  one-quarter  mile  of  rivers  navigable  by   boat designated  to  be studied as wild, scenic or recreational in accordance with the environmental  conservation  law  during  the  period  of  such designation;  (b)  involving  wetlands; (c) at elevations of twenty-five hundred feet or more; (d) within one-eighth mile  of  tracts  of  forest preserve  land  now  or hereafter classified as wilderness, primitive or canoe in the master plan for management of state lands,  except  for  an individual  single  family  dwelling  and  accessory  uses or structures thereto. Provided, however, that the above shall  not  include  forestry uses  (other  than  clear-cutting  as  specified  in number nine below), agricultural uses, open space recreation uses, public utility uses,  and accessory  uses  or  structures (other than signs) to any such use or to any pre-existing use.  (2) Any class of land use or development or subdivision of  land  that by  agreement between a local government and the agency, either prior to or at the time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so agreed upon must be designated by and  its  review  authorized  in  a local ordinance or local law.  (3)  All  land  uses  and  development  and  all  subdivisions of land involving thirty-five or more residential  lots,  parcels  or  sites  or residential units, whether designed for permanent, seasonal or transient use.  (4) Commercial or agricultural service uses involving five thousand or more square feet of floor space.  (5)  All  structures  in  excess  of  forty  feet  in  height,  except agricultural  use  structures  and  residential  radio  and   television antennas.  (6) Tourist attractions.  (7) Ski centers.  (8) Commercial or private airports.  (9)  Timber  harvesting  that  includes a proposed clearcutting of any single unit of land of more than twenty-five acres.  (10) Sawmills, chipping mills, pallet mills  and  similar  wood  using facilities.  (11) Mineral extractions.  (12) Mineral extraction structures.  (13) Watershed management and flood control projects.  (14) Sewage treatment plants.  (15) Waste disposal areas.  (16) Junkyards.  (17) Major public utility uses.  (18) Industrial uses.  (19)  Community  housing  as  defined  in  subdivision  seventeen-a of section eight hundred two of this article.  (20) Any material increase or expansion of an  existing  land  use  or structure  included  on this list that is twenty-five percent or more of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   d. Rural use  areas.  (1)  All  land  uses  and  development  and  all subdivisions  of  land  located  in the following critical environmental areas:  (a)  within  one-quarter  mile  of  rivers  navigable  by   boat designated  to  be studied as wild, scenic or recreational in accordance with the environmental  conservation  law  during  the  period  of  such designation;  (b)  involving  wetlands; (c) at elevations of twenty-five hundred feet or more; (d) within one-eighth mile  of  tracts  of  forest preserve  land  or  water  now  or  hereafter  classified as wilderness, primitive or canoe in the master plan for  management  of  state  lands, except  for  an  individual single family dwelling and accessory uses or structures thereto; (e) within one hundred fifty feet of the edge of the right of way of federal or state  highways,  except  for  an  individual single  family  dwelling  and  accessory uses or structures thereto; (f) within one hundred fifty feet of the edge of the right of way of  county highways designated by rule or regulation of the agency adopted pursuant to  subdivision fourteen of section eight hundred nine or in an approved local land use program, as major travel corridors by the agency or local government,  except  for  an  individual  single  family  dwelling   and accessory  uses or structures thereto. Provided, however, that the above shall not include forestry uses (other than clear-cutting  as  specified in  number  ten below and sand and gravel pits associated with such uses located within one hundred fifty feet of the edge of the right of way of the above described travel corridors),  agricultural  uses  (other  than sand  and  gravel  pits  associated  with  such  uses located within one hundred fifty feet of the  edge  of  the  right  of  way  of  the  above described  travel corridors), open space recreation uses, public utility uses, and accessory uses or structures (other than signs)  to  any  such uses or to any pre-existing use.  (2)  Any  class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior  to or at the time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so  agreed  upon  must  be  designated by and its review authorized in a local ordinance or local law.  (3) All land  uses  and  development  and  all  subdivisions  of  land involving   twenty  or  more  residential  lots,  parcels  or  sites  or residential units, whether designed for permanent, seasonal or transient use.  (4) Commercial and agricultural  service  uses  involving  twenty-five hundred or more square feet of floor space.  (5)  All  structures  in  excess  of  forty  feet  in  height,  except agricultural  use  structures  and  residential  radio  and   television antennas.  (6) Tourist accommodations.  (7) Ski centers.  (8) Commercial seaplane bases.  (9) Commercial or private airports.  (10)  Timber  harvesting  that includes a proposed clearcutting of any single unit of land of more than twenty-five acres.  (11) Sawmills, chipping mills, pallet mills  and  similar  wood  using facilities.  (12) Mineral extractions.  (13) Mineral extraction structures.  (14) Watershed management and flood control projects.  (15) Sewage treatment plants.  (16) Waste disposal areas.  (17) Junkyards.  (18) Major public utility uses.  (19) Industrial use.  (20)  Any  material  increase  or expansion of an existing land use or structure included on this list that is twenty-five percent or  more  of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   e.  Resource  management  areas. (1) All land uses and development and all subdivisions of land located in the following critical environmental areas:  (a)  within  one-quarter  mile  of  rivers  navigable  by   boat designated  to  be studied as wild, scenic or recreational in accordance with the environmental  conservation  law  during  the  period  of  such designation;  (b)  involving  wetlands; (c) at elevations of twenty-five hundred feet or more; (d) within one-eighth mile  of  tracts  of  forest preserve  land  or  water  now  or  hereafter  classified as wilderness, primitive or canoe in the master plan for  management  of  state  lands, except  for  an  individual single family dwelling and accessory uses or structures thereto; (e) within three hundred feet of  the  edge  of  the right  of  way  of  federal  or state highways, except for an individual single family dwelling and accessory uses  or  structures  thereto;  (f) within  three  hundred  feet  of  the edge of the right of way of county highways designated as major travel corridors by rule or  regulation  of the  agency  adopted  pursuant  to subdivision fourteen of section eight hundred nine or in an approved local land use  program,  except  for  an individual  single  family  dwelling  and  accessory  uses or structures thereto. Provided, however, that the above shall  not  include  forestry uses  (other  than  clearcutting as specified in number eleven below and sand and gravel pits associated with  such  uses  located  within  three hundred  feet  of  the  edge  of the right of way of the above described travel corridors), agricultural uses (other than sand  and  gravel  pits associated  with such uses located within three hundred feet of the edge of the right of way of the above described travel corridors), open space recreation uses, public utility uses, and accessory uses  or  structures (other than signs) to any such uses or to any pre-existing use.  (2)  Any  class of land use or development or subdivision of land that by agreement between a local government and the agency, either prior  to or at the time a local land use program is approved by the agency, is to be reviewed by the agency; provided, however, that any class of projects so  agreed  upon  must  be  designated by and its review authorized in a local ordinance or local law.  (3) All subdivisions of  land  (and  all  land  uses  and  development related thereto) involving two or more lots, parcels or sites.  (4) Campgrounds involving fifty or more sites.  (5) Group camps.  (6) Ski centers and related tourist accommodations.  (7) Agricultural service uses.  (8)  All  structures  in  excess  of  forty  feet  in  height,  except agricultural  use  structures  and  residential  radio  and   television antennas.  (9)  Sawmills,  chipping mills and pallet mills and similar wood using facilities.  (10) Commercial sand and gravel extractions.  (11) Timber harvesting that includes a proposed  clearcutting  of  any single unit of land of more than twenty-five acres.  (12) Mineral extractions.  (13) Mineral extraction structures.  (14) Watershed management and flood control projects.  (15) Sewage treatment plants.  (16) Major public utility uses.  (17)  Any  material  increase  or expansion of an existing land use or structure included on this list that is twenty-five percent or  more  of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   f. Industrial use areas.  (1) Mineral extractions.  (2) Mineral extraction structures.  (3) Commercial sand and gravel extractions.  (4) Major public utility uses.  (5) Sewage treatment plants.  (6) Waste disposal areas.  (7) Junkyards.  (8)  Any  material  increase  or  expansion of an existing land use or structure included on this list that is twenty-five percent or  more  of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   2.  Class  B  regional  projects. a. Moderate intensity use areas. (1) Subdivisions of land (and all land uses and development related thereto) involving fifteen or more but less than seventy-five  lots,  parcels  or sites, other than subdivisions of land involving mobile homes.  (2)  Subdivisions  of  land (and all land uses and development related thereto) involving less than fifteen lots, parcels or sites, other  than subdivisions  of  land  involving  mobile  homes,  which do not meet the following criteria: (a) In the case of such subdivisions involving  land having  shoreline,  each  lot,  parcel  or  site is at least twenty-five thousand square feet in size and complies with all of the provisions  of the shoreline restrictions.  (b)  In  the  case  of  such  subdivisions  not  involving land having shoreline, each lot, parcel or site is at least  forty  thousand  square feet in size.   Any  subdivision or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject  to  review  as  a class  B  regional  project  where  the total number of lots, parcels or sites resulting from such  subdivision  and  any  prior  subdivision  or subdivisions exceeds fourteen.  (3) Multiple family dwellings.  (4) Mobile home courts.  (5) Subdivisions of land involving mobile homes (and all land uses and development  related thereto) and involving two or more lots, parcels or sites.  (6) Public and semi-public buildings.  (7) Municipal roads.  (8)  Commercial  or  agricultural service uses involving less than ten thousand square feet of floor space.  (9) Tourist accommodations.  (10) Marinas, boatyards and boat launching sites.  (11) Golf courses.  (12) Campgrounds.  (13) Group camps.  (14) Commercial seaplane bases.  (15) Commercial sand and gravel extractions.  (16) Land use or development or subdivisions  of  land  involving  the clustering  of  buildings  on  land  having  shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions.  (17) Any land use or development not  now  or  hereafter  included  on either  the  list  of  primary  uses  or  the list of secondary uses for moderate intensity use areas.  (18) An individual single family dwelling within  one-eighth  mile  of tracts  of  forest preserve land or water now or hereafter classified as wilderness primitive or canoe in the master plan for management of state lands.  (19) All land uses and development and all subdivisions of land within one-quarter mile of rivers designated to be studied as wild,  scenic  or recreational  in  accordance  with  the  environmental conservation law, other  than  those  navigable  by  boat,  during  the  period  of   such designation.  (20)  Any  material  increase  or expansion of an existing land use or structure included on this list that is twenty-five percent or  more  of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   b.  Low  intensity  use  areas. (1) Subdivisions of land (and all land uses and development related thereto) involving ten  or  more  but  less than thirty-five lots, parcels or sites, other than subdivisions of land involving mobile homes.  (2)  Subdivisions  of  land (and all land uses and development related thereto) involving less than ten lots, parcels or  sites  which  do  not meet  the  following  criteria:  (a)  In  the  case of such subdivisions involving land having shoreline, each lot, parcel or site  is  at  least fifty  thousand  square  feet  in  size  and  complies  with  all of the provisions of the shoreline restrictions.  (b) In the  case  of  such  subdivisions  not  involving  land  having shoreline,  each  lot,  parcel  or  site  is at least one hundred twenty thousand square feet in size.   Any subdivision or subsequent subdivision of such land, either by  the original  owner  or  subsequent  owners, shall be subject to review as a class B regional project where the total  number  of  lots,  parcels  or sites  resulting  from  such  subdivision  and  any prior subdivision or subdivisions exceeds nine.  (3) Multiple family dwellings.  (4) Mobile home courts.  (5) Mobile home  subdivisions  (and  all  land  uses  and  development related thereto) involving two or more lots, parcels or sites.  (6) Public and semi-public buildings.  (7) Municipal roads.  (8)  Commercial  or agricultural service uses involving less than five thousand square feet of floor space.  (9) Tourist accommodations.  (10) Marinas, boatyards and boat launching sites.  (11) Golf courses.  (12) Campgrounds.  (13) Group camps.  (14) Commercial seaplane bases.  (15) Commercial sand and gravel extractions.  (16)  Land  use  or  development  or subdivision of land involving the clustering of buildings on land having  shoreline  on  the  basis  of  a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions.  (17)  Any  land  use  or  development not now or hereafter included on either the list of primary uses or the list of secondary  uses  for  low intensity use areas.  (18)  An  individual  single family dwelling within one-eighth mile of tracts of forest preserve land or water now or hereafter  classified  as wilderness,  primitive  or  canoe  in  the master plan for management of state lands.  (19) All land uses and development and all subdivisions of land within one-quarter mile of rivers designated to be studied as wild,  scenic  or recreational  in  accordance  with  the  environmental conservation law, other  than  those  navigable  by  boat,  during  the  period  of   such designation.  (20)  Any  material  increase  or expansion of an existing land use or structure included on this list that is twenty-five percent or  more  of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   c.  Rural  use  areas. (1) Subdivisions of land (and all land uses and development related thereto) involving five or more but less than twenty lots, parcels or sites, other than subdivisions of land involving mobile homes.  (2) Subdivisions of land (and all land uses  and  development  related thereto)  involving  less  than five lots, parcels or sites which do not meet the following criteria:  (a)  In  the  case  of  such  subdivisions involving  land  having  shoreline, each lot, parcel or site is at least eighty thousand square feet  in  size  and  complies  with  all  of  the provisions of the shoreline restrictions of the plan.  (b)  In  the  case  of  such  subdivisions  not  involving land having shoreline, each lot, parcel or site is at  least  three  hundred  twenty thousand square feet in size.   Any  subdivision or subsequent subdivision of such land, either by the original owner or subsequent owners, shall be subject  to  review  as  a class  B  regional  project  where  the total number of lots, parcels or sites resulting from such  subdivision  and  any  prior  subdivision  or subdivisions exceeds four.  (3) Multiple family dwellings.  (4) Mobile home courts.  (5)  Mobile  home  subdivisions  (and  all  land  uses and development related thereto) involving two or more lots, parcels or sites.  (6) Public and semi-public buildings.  (7) Municipal roads.  (8) Marinas, boatyards and boat launching sites.  (9) Golf courses.  (10) Campgrounds.  (11) Group camps.  (12) Commercial sand and gravel extractions.  (13) Land use or development or  subdivision  of  land  involving  the clustering  of  buildings  on  land  having  shoreline on the basis of a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided for in the shoreline restrictions.  (14) All land uses and development and all subdivisions of land within one quarter mile of rivers designated to be studied as wild,  scenic  or recreational  in  accordance  with  the  environmental conservation law, other  than  those  navigable  by  boat,  during  the  period  of   such designation.  (15)  Any  land  use  or  development not now or hereafter included on either the list of primary uses or the list of secondary uses for  rural use areas.  (16)  Commercial  and  agricultural  service  uses involving less than twenty-five hundred square feet.  (17) An individual single family dwelling within  one-eighth  mile  of tracts  of forest preserve land or water described in item (d) of clause (1) of paragraph d of subdivision one or within one hundred  fifty  feet of a travel corridor described in such paragraph.  (18)  Any  material  increase  or expansion of an existing land use or structure included on this list that is twenty-five percent or  more  of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   d. Resource management areas. (1) Single family dwellings.  (2) Individual mobile homes.  (3) Forestry use structures.  (4)  Hunting  and  fishing  cabins  and  hunting and fishing and other private club structures involving five hundred or more  square  feet  of floor space.  (5)  Land  use  or  development  or  subdivision of land involving the clustering of buildings on land having  shoreline  on  the  basis  of  a specified number of principal buildings per linear mile or proportionate fraction thereof, as provided in the shoreline restrictions.  (6)  Any  land  use  or  development  not now or hereafter included on either the list of primary uses  or  the  list  of  secondary  uses  for resource management areas.  (7) Municipal roads.  (8) Golf courses.  (9)  An  individual  single  family dwelling within one-eighth mile of tracts of forest preserve land or waters described in item (d) of clause (1) of paragraph d of subdivision one or within three hundred feet of  a travel corridor described in such paragraph.  (10) Campgrounds involving fewer than fifty sites.  (11) All land uses and development and all subdivisions of land within one-quarter  mile of rivers designated to be studied as wild, scenic and recreational in accordance  with  the  environmental  conservation  law, other   than  those  navigable  by  boat,  during  the  period  of  such designation.  (12) Any material increase or expansion of an  existing  land  use  or structure  included  on this list that is twenty-five percent or more of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.   e. Industrial use areas. (1) Sawmills, chipping  mills,  pallet  mills and similar wood using facilities.  (2) Industrial uses.  (3) Commercial uses.  (4) Agricultural service uses.  (5) Public and semi-public buildings.  (6) Municipal roads.  (7)  Any  land  use  or  development  not now or hereafter included on either the list of primary uses  or  the  list  of  secondary  uses  for industrial use areas.  (8)  Any  material  increase  or  expansion of an existing land use or structure included on this list that is twenty-five percent or  more  of the original size of such existing use or twenty-five percent or more of the original square footage of such structure.