2023 New York Laws › ENV - Environmental Conservation › Article 57 - Long Island Pine Barrens Maritime Reserve Act › Title 1 - Long Island Pine Barrens Maritime Reserve Act › 57-0136 - Penalties and Enforcement.

§ 57-0136. Penalties and enforcement.
1. Violations. (a) All of the rights and remedies provided for in this
section  are  in addition to all of the rights and remedies available to
the villages and towns located within the "Central Pine Barrens Area" as
specifically defined in subdivision  ten  of  section  57-0107  of  this
title.  All  of the rights and remedies provided for in this section are
in addition to all of the rights and remedies available to the  attorney
general as provided for in state law.
(b)  With  respect  to  any  land  use conduct within the Central Pine
Barrens Area that violates any provision of  an  applicable  village  or
town law, the responsibility for enforcement of such violation shall lie
with  the  applicable  village or town in the first instance as provided
for in the laws of  the  respective  town  or  village.  The  applicable
village  or  town  shall provide written notice to the commission of all
such enforcement efforts. In the event the applicable  village  or  town
does  not  commence  an  enforcement  action  within sixty days from the
receipt of a written notice to the applicable village  or  town  of  any
land  use  conduct within the Central Pine Barrens Area that may violate
any provision of an applicable village or town law, the  commission,  or
the attorney general at the request of the commission or upon his or her
own  initiative,  may institute enforcement action for such violation as
set forth in subdivisions two, three and four of this section.
(c) With regard to any violation of this  title,  the  land  use  plan
adopted by the commission, any regulation promulgated by the commission,
or   any   order,  determination  or  permit  condition  issued  by  the
commission, there shall be independent jurisdiction among the village or
town in which such violation occurred or is occurring to investigate and
prosecute such violation as set forth in  subdivisions  two,  three  and
four  of  this  section.  The  commission or the attorney general at the
request of the commission or upon the attorney general's own  initiative
shall  also  have  independent jurisdiction to investigate and prosecute
such violation as set forth in subdivisions two, three and four of  this
section.
The  party  initiating such a prosecution shall consult with the other
governmental entities named in this section before  initiating  such  an
action,  except  in  a  case  involving  a threat of irreparable harm or
imminent violation or repeated violations of this title,  the  land  use
plan  adopted  by  the  commission,  any  regulation  promulgated by the
commission, or any order, determination or permit  condition  issued  by
the commission.
(d)  With  regard  to  any  land  use  conduct within the Central Pine
Barrens Area that is a violation of the applicable village or  town  law
in  addition  to  being a violation of the specific requirements of this
title, the land use plan adopted by the  commission,  or  the  terms  or
conditions   of  any  order,  permit  or  determination  issued  by  the
commission, the commission, or the attorney general at  the  request  of
the  village or town, may jointly institute with the village and town an
enforcement action as set forth in subdivisions two, three and  four  of
this  section.  In such event, any penalties or fines collected shall be
deposited with the applicable village or town  to  be  maintained  in  a
segregated  account  to  be used exclusively for the acquisition of real
property  or  transferable  development  rights  interests  or   capital
projects  associated  with enhancement and/or restoration of the natural
resources and ecosystems located within the Central Pine Barrens Area.
2. Civil penalties. (a) For a violation that takes place in the  "core
preservation  area"  as defined in subdivision eleven of section 57-0107
of this title, any person who violates any provision of this title,  the
land  use  plan adopted by the commission, any regulation promulgated by

the commission, or the terms or conditions  of  any  order,  permit,  or
determination  issued  by the commission pursuant to this title shall be
liable for a civil penalty of not more than twenty-five thousand dollars
for  each violation and an additional civil penalty of not more than one
thousand dollars for each day that such violation continues.
(b) For a violation that takes place in the "compatible  growth  area"
as  defined  in subdivision twelve of section 57-0107 of this title, any
person who violates any provision of  this  title,  the  land  use  plan
adopted by the commission, any regulation promulgated by the commission,
or the terms or conditions of any order, permit, or determination issued
by  the  commission  pursuant  to this title shall be liable for a civil
penalty of not more than ten thousand dollars for each violation and  an
additional  civil penalty of not more than one thousand dollars for each
day that such violation continues.
3. Criminal penalties. (a) For a violation that  takes  place  in  the
"core  preservation  area"  as  defined in subdivision eleven of section
57-0107 of  this  title,  any  person  who  willfully  or  intentionally
violates  any  provision of this title, the land use plan adopted by the
commission, any regulation promulgated by the commission, or  the  terms
or  conditions  of  any  order,  permit,  or determination issued by the
commission pursuant to this title  shall  be  guilty  of  a  misdemeanor
punishable  by  a fine of not more than twenty-five thousand dollars for
each violation and an additional fine of  not  more  than  one  thousand
dollars for each day that such violation continues.
(b)  For  a violation that takes place in the "compatible growth area"
as defined in subdivision twelve of section 57-0107 of this  title,  any
person  who  willfully  or  intentionally violates any provision of this
title, the land use plan  adopted  by  the  commission,  any  regulation
promulgated  by the commission, or the terms or conditions of any order,
permit, or determination issued by the commission pursuant to this title
shall be guilty of a misdemeanor punishable by a fine of not  more  than
ten  thousand  dollars  for each violation and an additional fine of not
more than  one  thousand  dollars  for  each  day  that  such  violation
continues.
4. Additional remedies. (a) Alternatively, or in addition to an action
seeking civil penalties or criminal fines or imprisonment as provided by
subdivisions  two and three of this section, the commission, the Suffolk
county district attorney or  the  attorney  general  may  institute  any
appropriate  action or proceeding to prevent, restrain, enjoin, correct,
or abate any violation of, or to enforce, any provision of  this  title,
the  land use plan adopted by the commission, any regulation promulgated
by the commission, or the terms or conditions of any order,  permit,  or
determination issued by the commission pursuant to this title. The court
in  which  the  action  or  proceeding  is  brought may order the person
responsible for the violation to take such affirmative measures  as  are
necessary  to  correct  or  remediate  the  violation. Such an action or
proceeding may also seek restitution for any such violation.
(b) In addition to the penalties set forth  in  subdivisions  two  and
three of this section, a police officer or peace officer may immediately
impound  any  all-terrain  vehicle,  as  defined  in  section twenty-two
hundred eighty-one of the vehicle and traffic law,  provided  that  such
seizure  is  conducted  pursuant to section five hundred eleven-b of the
vehicle and traffic law. A five hundred dollar surcharge may be added to
any such impoundment.