reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.7 - Application of the overall intensity guidelines

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the provisions of section 809(10)(c) of the
					 Adirondack Park Agency Act and the applicable exemptions of section 811 of the
					 Act, the following rules shall apply:
(a) The number of new principal buildings
				  associated with a project shall be the net increase in principal buildings on a
				  project site. A project that does not result in such a net increase (such as
				  tearing down an existing principal building and constructing a new principal
				  building elsewhere on the project site) will not be considered to involve a new
				  principal building for the purpose of applying the overall intensity
				  guidelines.
(b) Where a purely
				  mathematical application of the overall intensity guidelines to a given project
				  site results in a fractional number of permissible principal buildings, that
				  number shall be rounded to the nearest whole number, which shall be the
				  arithmetically permissible number of principal buildings.
(c) As many as a 10 percent greater number of
				  principal buildings than are arithmetically permissible may be permitted where
				  justified by natural resource and public considerations, such as where a common
				  sewerage system is provided or where the project would be substantially
				  invisible from travel corridors.
(d) The overall intensity guidelines shall
				  apply to all principal buildings which are part of a project, except single
				  family dwellings or mobile homes which are proposed to be located on (1) a
				  preexisting vacant lot of record as described in section 811(1)(a) of the
				  Adirondack Park Agency Act, (2) a lot located in a preexisting subdivision
				  which has received New York State Department of Health approval, or (3) a lot
				  created by bona fide gift, devise or inheritance where the donor or decedent
				  continuously owned the property since prior to May 22, 1973 and the recipient
				  was a member of his immediate family.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 574 - Standards for the Review of Projects Pursuant to the Adirondack Park Agency Act › Section 574.8 - Conversion of resort hotels, rental cottages and group camps

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For purposes of
				  applying the conversion provision of section 81 l(l)(b) of the Adirondack Park
				  Agency Act, structures associated with resort hotels, rental cottages and group
				  camps shall only include a single or multiple family dwelling, dormitory,
				  hotel, main lodge, cabin, cottage, bungalow, bunkhouse or other structure which
				  is permanently affixed to the land and is suitable for conversion to single
				  family residential use, taking into account its existing character, condition
				  and facilities, and general site considerations.
(b) In the review of conversions pursuant to
				  section 811(1)(b) of the Adirondack Park Agency Act, the agency will apply the
				  following criteria:
(1) A structure shall be
				  converted only at its existing location unless the agency determines that the
				  purposes and policies of the Adirondack Park Agency Act would be better served
				  by the removal of the structure to, or the replacement of the structure at, a
				  different location on the project site.
(2) A single structure containing over 1,250
				  square feet of net interior floor space as of May 22, 1973 may be converted to
				  more than one single family residential unit at the approximate rate of one
				  unit for each 1,250 square feet of floor space in the structure prior to
				  conversion; however, there shall be no fixed square footage requirement for the
				  resulting units.
(3) For the
				  purpose of determining whether any additional principal buildings may be
				  constructed on the project site, each single family residential unit resulting
				  from the conversion shall be considered a new principal building, and the
				  overall intensity guidelines will be applied pursuant to the Adirondack Park
				  Agency Act and section 547.7 of this Part. All contiguous or adjacent lands
				  associated with the prior use or in the same ownership shall be included in the
				  area upon which the overall intensity guidelines will be applied.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 575 - Shoreline Restrictions of the Adirondack Park Agency Act › Section 575.1 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person shall
				  engage in land use or development or subdivision that involves shoreline in the
				  Adirondack Park, whether or not an agency permit is also required, except in
				  accordance with the shoreline restrictions.
(b) The shoreline building setback,
				  vegetative cutting and minimum lot width restrictions apply to lands in
				  proximity to:
(1) lakes or ponds;
(2) rivers designated by section
				  15-2715 of the Environmental
				  Conservation Law for possible inclusion in the wild, scenic and recreational
				  rivers system and listed in Appendix Q-5 of this Title;
(3) all other rivers and all streams which
				  are navigable by boat, including canoe. Agency determinations of navigability
				  may be obtained pursuant to section
				  571.4 of this Title.
Navigable
means, solely for purposes of applying the shoreline
				  restrictions, those rivers and streams that are "navigable in fact" or upon
				  which a boat with a capacity of one or more persons, including a canoe, can be
				  operated despite interruptions to navigation by artificial structures,
				  shallows, rapids or other obstructions, or by seasonal variation in water
				  level.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 575 - Shoreline Restrictions of the Adirondack Park Agency Act › Section 575.2 - Measuring distances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All
				  distances specified in the shoreline restrictions are measured horizontally.
				  Shoreline lot widths are measured along the shoreline as it winds and turns at
				  the mean high water mark.
(b)
				  Building setback restrictions are measured along the shortest line between any
				  point of the structure and any point on the mean high water mark.
(c) Wastewater treatment system setbacks are
				  measured along the shortest line between any point of the seepage pit, drainage
				  field or other leaching facility and any point on the mean high water
				  mark.
(d) In the case of the Great
				  Sacandaga Lake,
mean high water mark
shall mean the spillway
				  elevation contour of 771 feet above mean sea level.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 575 - Shoreline Restrictions of the Adirondack Park Agency Act › Section 575.3 - Variances of less than two feet

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will not require that a landowner in need of a
					 shoreline building setback, onsite sewage disposal system setback, or minimum
					 lot width variance of two feet or less, submit an application for such
					 variance, provided that the town or village involved is consulted and does not
					 object to the proposed action.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 575 - Shoreline Restrictions of the Adirondack Park Agency Act › Section 575.4 - Structures subject to building setback restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The shoreline building setback
				  restrictions apply to all principal buildings and to all accessory structures
				  exceeding 100 square feet in size, including garages, sheds, porches, decks,
				  barns, gazebos, guest cottages, tennis courts and permanent swimming pools, but
				  not including boathouses or docks.
(b) Porches, decks and other structures
				  attached to single family dwellings or to other structures subject to the
				  building setback restrictions shall be considered part of the structure for
				  purposes of applying the setback restriction.
(c) Decks or porches which are above water
				  level and extend beyond the structural footprint of any boathouse, as that term
				  is defined in section
				  570.3(c) of this
				  Title, are subject to the shoreline setback restrictions if those portions
				  which extend beyond the structural footprint exceed 100 square feet in the
				  aggregate.
(d) Decks or patios
				  which are not attached to another structure are subject to the building setback
				  restrictions if they exceed 100 square feet, unless flush with natural ground
				  level without raised elements such as railings or walls.
(e) Retaining walls shall be measured either
				  in elevation (face) view or plan (top) view, whichever is larger.
(f) A retaining wall which is constructed of
				  dry laid stone or untreated natural logs, and is smaller than 200 square feet
				  in size, and does not exceed two feet in height above the mean high water mark,
				  shall not be subject to the applicable shoreline setback requirements and
				  variance procedures, provided that it:
(1) is
				  designed to control an on-going erosion problem;
(2) is limited to the area necessary to
				  control such erosion; and
(3)
				  follows the existing natural elevation and contour of the shoreline.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 575 - Shoreline Restrictions of the Adirondack Park Agency Act › Section 575.5 - Replacement and expansion of existing structures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any existing structure lawfully in
				  nonconformance with the building setback restrictions, or any such structure
				  which was existing on August 1, 1973 and was thereafter removed or destroyed
				  may be replaced in kind on the same foundation or location or in the same
				  immediate vicinity, provided the previously existing setback nonconformance is
				  not increased. A mobile home may be replaced by a single family dwelling, and a
				  single family dwelling may be replaced by a mobile home.
(b) Expansions of existing structures in
				  proximity to lakes, ponds, rivers or navigable streams shall be subject to the
				  shoreline building setback restrictions according to the following rules:
(1) Expansions of existing structures which
				  are in compliance with the building setback restrictions may not result in
				  violation of such restrictions.
(2)
				  An existing structure located within the shoreline setback area may not be
				  expanded in any direction within the shoreline setback area, including an
				  increase of structure height, without a variance; provided, however, no such
				  variance shall be required for a minor rearward expansion or a minor height
				  expansion specified in an agency letter to the property owner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 575 - Shoreline Restrictions of the Adirondack Park Agency Act › Section 575.6 - Application of lot width restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided in subdivision (c) of
				  this section, the shoreline lot width restrictions apply to any lot, parcel or
				  site which adjoins or includes a shoreline, or is located in whole or in part
				  within the applicable building setback distance.
(b) The shoreline lot width restrictions
				  apply to all new single family dwellings or mobile homes, including those to be
				  located on lots created by a subdivision by gift, devise or inheritance, and on
				  lots in preexisting subdivisions which have not received New York State
				  Department of Health approval.
(c)
				  The shoreline lot width restrictions shall not apply to subdivisions which do
				  not involve the construction of any new single family residence or other new
				  principal building, such as a subdivision solely involving existing buildings,
				  or a subdivision of land for a boundary adjustment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 575 - Shoreline Restrictions of the Adirondack Park Agency Act › Section 575.7 - Application of sewage system setback restrictions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any seepage pit, drainage field or other
				  leaching facility receiving any form of household effluent, regardless of
				  whether it receives toilet wastes, is subject to the sewage disposal system
				  setback restrictions.
(b) Any
				  outhouse privy or other pit privy which is not a self-contained system is
				  subject to the sewage disposal system setback restrictions.
(c) Any lawfully existing onsite wastewater
				  treatment system which is in non-conformance with the agency shoreline setback
				  requirements, when proposed to be replaced, must be replaced in conformance
				  with the setback requirements to the greatest extent possible, and in any case,
				  no closer to the mean high water mark. No variance will be required for a
				  replacement system which meets this requirement and which will also provide
				  enhanced treatment over the lawfully existing system as determined by the
				  agency, provided such system is not also being expanded to meet an actual or
				  potential occupancy increase.
(d)
				  Any proposed expansion of a non-conforming onsite wastewater treatment system
				  designed to service an actual or potential increase in occupancy of the
				  shoreline structure served must meet all existing standards for such systems,
				  including the shoreline setback requirements. Otherwise, a variance will be
				  required for the system expansion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.1 - General rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where there
				  are practical difficulties in carrying out the strict letter of the provisions
				  of the plan or the shoreline restrictions, the agency may, after public
				  hearing, vary or modify their application so that their spirit is observed,
				  public safety and welfare secured and substantial justice done.
(b) A variance will be granted when the
				  adverse consequences to the applicant resulting from denial are greater than
				  the public purpose sought to be served by the restriction.
(c) In determining whether a variance shall
				  be granted, the agency will consider, among other relevant factors:
(1) whether the application requests the
				  minimum relief necessary;
(2)
				  whether granting the variance will create a substantial detriment to adjoining
				  or nearby landowners;
(3) whether
				  the difficulty can be obviated by a feasible method other than a
				  variance;
(4) the manner in which
				  the difficulty arose;
(5) whether
				  granting the variance will adversely affect the natural, scenic, and open space
				  resources of the park and any adjoining water body, due to erosion, surface
				  runoff, subsurface sewage effluent, change in aesthetic character, or any other
				  impacts which would not otherwise occur; and
(6) whether the imposition of conditions upon
				  the granting of the variance will ameliorate the adverse effects referred to in
				  paragraph (5) of this subdivision.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.2 - Significant economic injury

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  applicant may seek to prove, by specific financial documentation and expert
				  testimony, that the strict application of the relevant restrictions will result
				  in significant economic injury.
(b)
				  The testimony shall be limited to the effect of the restrictions upon the value
				  of the property in question; whether the value would be enhanced were a
				  variance granted shall not be relevant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.3 - When proof of significant economic injury offered

Current through Register Vol. 46, No. 28, July 10, 2024
If, in the opinion of the hearing officer, the applicant
					 has proven significant economic injury, the hearing officer may order that
					 proof be taken as to whether the strict application of the restriction in
					 question is reasonably related to the public health, safety and welfare and the
					 purposes sought to be served by section 806 of the Adirondack Park Agency Act.
					 The agency staff may also offer such proof on its own
					 initiative.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.4 - Self-created difficulty or economic injury

Current through Register Vol. 46, No. 28, July 10, 2024
The agency will not deny a variance, or refuse to consider
					 proof of significant economic injury, on the sole ground that the practical
					 difficulty or alleged economic injury is self-created.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.5 - Procedures for review of variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General rule. All variance applications shall be reviewed according to the
				  procedures set forth in this section.
(b) Application requirements. Applications
				  for variances may be submitted only by a person having a legal interest in
				  property and contemplating land use or development or subdivision thereon,
				  shall contain the signature of the owner of record of the land involved as
				  co-applicant, and shall be submitted to the agency at its headquarters in Ray
				  Brook, New York. Applications shall contain a description of the property
				  involved and the basis of the variance request. The agency may request any
				  additional information reasonably necessary for its review of the variance
				  application.
(c) Site inspections.
				  By submitting an application, an applicant shall be deemed to have consented to
				  the agency conducting investigations on the site, at reasonable times and with
				  advance notice where possible, to verify information contained in the
				  application and to determine compliance with the terms and conditions of any
				  variance granted.
(d) Notice of
				  public hearing.
(1) The agency shall, within
				  15 days of the receipt of a variance application not associated with a project
				  application and any additional information requested, schedule a public hearing
				  to commence within 30 days of scheduling. Failure by the agency to comply with
				  this time period shall not constitute the granting of a variance.
(2) Not less than 10 days notice of the
				  hearing shall be sent:
(i) by certified mail
				  to the applicant and the owner of record of the land involved, if other than
				  the applicant; and
(ii) by mail to
				  any landowner within 500 feet of any border of the property (to the extent
				  reasonably discernible from the latest completed tax assessment roll), the
				  planning board chairman and town supervisor or village mayor and the Adirondack
				  Park local government review board.
Notice of any public hearing shall also be given at least
					 10 days in advance by publication in a newspaper having general circulation in
					 the area.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.6 - Special procedures applicable to certain variance applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the deputy
				  director-regulatory programs believes that grounds for the variance clearly
				  exist, the notice of hearing shall state that he intends to recommend to the
				  agency that the variance be granted and shall state any conditions which he
				  recommends be imposed.
(b) An
				  agency staff member will appear at the hearing solely to receive objections to
				  the granting of the variance. If significant issues are raised, an adjournment
				  will be taken and another hearing will be scheduled.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.7 - Agency decision on variance applications

Current through Register Vol. 46, No. 28, July 10, 2024
The agency shall act upon all variance applications within
					 45 days of:
(a) the close of the
				  hearing, if the hearing is tape-recorded; or
(b) the day upon which the stenographic
				  transcript is received by the agency or the record as defined by paragraphs (a)
				  through (e) of section 302 of the State Administrative Procedure Act is
				  otherwise complete, whichever is later; or
(c) such other date as may be stipulated by
				  the parties or determined by the presiding officer.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.8 - Initial review of variances by operations committee

Current through Register Vol. 46, No. 28, July 10, 2024
A variance application before the agency for formal action
					 shall be referred to the regulatory programs committee, which shall review it
					 initially pursuant to the same procedures as those set forth for projects in
					 section 572.12(b) of this
					 Title. Certain appeals and requests for reconsideration shall also be referred
					 initially to the regulatory programs committee as set forth in section
					 572.22 of this
					 Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 576 - Standards For The Review Of Variances Pursuant To The Adirondack Park Agency Act › Section 576.9 - Amendment of variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  holder of an agency variance may file with the agency a written request for
				  amendment.
(b) The deputy
				  director-regulatory programs shall have authority to determine whether a
				  request to amend a variance involves a material change in variance conditions,
				  the applicable law, environmental conditions or technology since the date of
				  issuance of the variance, and to issue an amended variance for, or deny, those
				  requests that do not involve a material change. The deputy director-regulatory
				  programs may require additional information pertaining to any amendment
				  request, and any applicable time period shall not begin to run until such
				  information has been provided.
(c)
				  Any request to amend a variance which may involve a material change shall be
				  treated as an application for a new variance, except that a request to amend a
				  condition of a variance without any change in the project proposal, applicable
				  law or environmental conditions or technology may be treated by the agency as a
				  request for reconsideration and governed by section
				  572.22 of this Title. In the case
				  of a request which is treated as a new application, the parties to any public
				  hearing previously held on the variance shall be notified of such
				  request.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.1 - Applicability of this part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to land use and development and
					 subdivision of land on privately owned lands within wild, scenic and
					 recreational river areas located in the Adirondack Park. The wild, scenic and
					 recreational rivers and river areas are set forth in Appendix Q-6 of this
					 Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.3 - Boundaries of river areas; amendments of river area boundaries; distance measurements within river areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Description of river area boundaries. The boundaries of river areas described
				  in Appendix Q-6 of these regulations as a uniform distance from a river bank
				  shall themselves wind and turn as the river does. Terminal boundaries shall be
				  lines perpendicular to the flow, extending through the terminal points in
				  Appendix Q-6.
(b) Amendments of
				  river area boundaries. The agency and the Commissioner of Environmental
				  Conservation may, after public hearing, amend the boundaries of any river area
				  located in the Adirondack Park. No public hearing is required in the case of
				  boundary amendments occurring as part of approval of a local land use program
				  or in connection with amendments clarifying or providing a more readily
				  identifiable river area boundary and not materially affecting the river
				  area.
(c) Distance measurements
				  within river areas. Distances shall be measured horizontally from the mean high
				  water mark of the river. Upon request of any person having a legal interest in
				  property contemplating land use or development or subdivision thereon, the
				  agency shall determine the river area boundary, or the the mean high water mark
				  at relevant points of the river involved pursuant to the procedures set forth
				  in section 571.3 of these
				  regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.4 - General rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
				  shall undertake a rivers project without first obtaining an agency
				  permit.
(b) The following may be
				  undertaken without a permit if in compliance with the restrictions and
				  standards set forth in section
				  577.6 of this Part:
(1) in all river areas, forest management
				  except:
(i) wood roads within wild river
				  areas, or bridges over wild rivers;
(ii) wood roads inside or within 100 feet of
				  the mean high water mark of the river in scenic and recreational river
				  areas;
(iii) vegetative cutting
				  inside or within 100 feet of the mean high water mark of the river not exempted
				  by section 577.6(c)(1) of
				  this Part; and
(iv) sand and gravel
				  extractions for forest management purposes in wild river areas;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.5 - Rivers projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In wild
				  river areas:
(1) Subdivision of
				  land.
(2) The harvesting, cutting,
				  culling, removal, thinning or other disturbance of timber or other vegetation
				  inside the mean high water mark of the river, or within 100 feet of the mean
				  high water mark, other than cutting exempted by section
				  577.6(c)(1)(i) of
				  this Part.
(3) Wood
				  roads.
(4) Sand and gravel
				  extractions for forest management purposes.
(5) Footbridges over wild rivers for
				  nonmotorized open space recreation use which do not require a permit from the
				  Department of Environmental Conservation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.6 - Restrictions and standards in river areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General rule. All land uses and
				  developments in river areas, whether or not an agency permit is required, shall
				  be subject to the restrictions and standards set forth in this
				  section.
(b) Structures.
(1) In wild river areas, no new structures
				  shall be permitted, except footbridges for nonmotorized open space recreation
				  use.
(2) In scenic river areas, new
				  structures, except for fences, poles, signs of less than two square feet in
				  area, lean-tos, docks, bridges and stream improvement structures for fishery
				  management purposes, shall not be permitted inside the mean high water mark of
				  the river or within 250 feet of the mean high water mark, except in hamlet and
				  moderate intensity use areas.
(3)
				  In recreational river areas, new structures, except for fences, poles, signs of
				  less than two square feet in area, lean-tos, docks, boathouses, bridges and
				  stream improvement structures for fishery management purposes, shall not be
				  permitted inside the mean high water mark of the river or within 150 feet of
				  the mean high water mark, except in hamlet and moderate intensity use
				  areas.
(4) Within hamlet and
				  moderate intensity use areas in scenic and recreational river areas, the
				  building setback restrictions of section 806 of the Adirondack Park Agency Act
				  and section
				  575.1 of this Title shall
				  apply.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.7 - Existing uses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Existing uses
				  in wild river areas. Land uses and development in wild river areas which shall
				  have been lawfully in existence on April 19, 1976, including access by motor
				  vehicle, may continue and be replaced in kind on the same foundation or in the
				  same location, but may not be expanded.
(b) Existing uses in scenic and recreational
				  river areas.
(1) Land uses and development
				  and subdivisions of land in scenic and recreational river areas which shall
				  have been lawfully in existence on April 19, 1976, including access by motor
				  vehicle, shall not be subject to agency review and may continue. Any structure
				  in existence as of such date may be replaced in kind on the same foundation or
				  in the same location. Any such existing use may be altered or expanded pursuant
				  to section 811(5) of the Adirondack Park Agency Act, provided that in no case
				  shall such alteration or expansion violate or increase noncompliance with any
				  of the restrictions and standards contained in section
				  577.6 of this Part.
(2) One single family dwelling or mobile home
				  may be constructed, without agency review, on any lot in a subdivision lawfully
				  in existence on April 19, 1976 which has been approved by the State Department
				  of Health. The restrictions and standards of section
				  577.6 of this Part shall
				  apply.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.8 - Standards for the review of rivers projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General rule.
Rivers projects shall be reviewed according to the
					 standards set forth in this Part. Rivers projects which are class A or class B
					 regional projects or wetland projects shall also be subject to the standards in
					 Parts 574 and 578 of this Title.
(b)
Standards applicable to all rivers
				  projects.
The agency shall not issue a permit for any rivers project
					 unless it shall determine that:
(1)
				  the project would be consistent with the purposes and policies of the Wild,
				  Scenic and Recreational Rivers System Act;
(2) the project would comply with the
				  applicable restrictions and standards of section
				  577.6 of this Part;
(3) the project would not cause an undue
				  adverse impact upon the natural, scenic, aesthetic, ecological, botanical, fish
				  and wildlife, historic, cultural, archeological, scientific, recreational or
				  open space resources of the river area, taking into account the commercial,
				  industrial, residential, recreational or other benefits that might be derived
				  from the project. In making this determination, the agency shall consider those
				  factors contained in the development considerations of the land use and
				  development plan which are pertinent to the project.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.9 - Rivers system land management plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General rule. In a river area or portion
				  thereof governed by a rivers system land management plan approved by the
				  agency, the provisions of such plan shall apply to new land use activities in
				  lieu of the provisions of this Part.
(b)
Application for approval of land
				  management plan.
Any person or persons who own 500 or more acres of
				  contiguous land within a river area, or a local government with respect to all
				  of the acreage within its jurisdiction which falls within a river area, may
				  propose a land management plan for agency approval. A land management plan
				  proposed by a local government may be part of a local land use
				  program.
(c) Contents of land
				  management plans. A land management plan shall include:
(1) a detailed program of land management
				  covering a period of not less than 10 years, which identifies land management
				  objectives and means proposed for achieving them;
(2) regulatory elements;
(3) river area boundary amendment requests,
				  if any;
(4) topographic and natural
				  resource inventory information, including detailed maps;
(5) in the case of a land management plan
				  proposed by private owners, legal assurance of performance of the affirmative
				  obligations imposed upon them.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.10 - Variances from the provisions of this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where there are practical difficulties or
				  unnecessary hardships in carrying out the restrictions and standards set forth
				  in section 577.6 of this Part, or the terms
				  and conditions of an approved land management plan, the agency may, after
				  public hearing, vary or modify the application of such provisions so that the
				  spirit of the provisions shall be observed, public safety and welfare secured
				  and substantial justice done.
(b)
				  The procedures governing the agency's review of applications for variances from
				  the provisions of this Part, and public hearings thereon, shall be:
(1) for variance applications involving a
				  rivers project, the same as those set forth in section
				  572.10 of this Title: and
(2) for variance applications not involving a
				  rivers project, the same as those set forth in section
				  576.5 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 577 - Special Provisions Relating to Wild, Scenic and Recreational Rivers › Section 577.11 - Access to private lands

Current through Register Vol. 46, No. 28, July 10, 2024
Neither the Wild, Scenic and Recreational Rivers System Act
					 nor this Part shall be construed to create or to confer upon any person any
					 right of access, or of ingress and egress, over, upon or to any private lands,
					 waters or bodies of water.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 578 - Special Provisions Relating to Freshwater Wetlands › Section 578.1 - Applicability of this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				  Part applies to the undertaking of regulated activities on private or State
				  lands.
(b) This Part does not apply
				  to any regulated activity in freshwater wetlands or any activity in adjacent
				  areas listed in section
				  578.2(b) of this
				  Part if undertaken pursuant to permit issued prior to May 1, 1983 either by the
				  agency, or by the Department of Environmental Conservation acting pursuant to
				  section
				  15-0505 of the Environmental
				  Conservation Law. The permit requirements of this Part apply, however, if the
				  activity has not been substantially commenced within two years of the date of
				  issuance of the permit or within any other time period specified
				  therein.
(c) This Part does not
				  apply to the replacement in kind or to the routine repair of structures, roads,
				  or onsite wastewater treatment systems lawfully existing in wetlands on May 1,
				  1983, provided there is no (1) draining, (2) filling, (3) substantial increase
				  in erosion, siltation or sedimentation, (4) diversion of surface or subsurface
				  drainage that adversely affects the natural hydrologic regime, or (5) other
				  material alteration of the wetland.
(d) The Public Service Commission and the New
				  York Board on Electric Generation Siting and the Environment shall apply the
				  substantive provisions of this Part in determining whether to issue a
				  certificate of environmental compatibility and public need pursuant to article
				  seven or article eight of the Public Service Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 578 - Special Provisions Relating to Freshwater Wetlands › Section 578.2 - General rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No person
				  shall undertake any regulated activity without first obtaining an agency
				  permit.
(b) No person shall install
				  any leaching component of an onsite wastewater treatment system or seepage pit
				  or any sewer outfall within the area adjacent to a freshwater wetland without
				  first obtaining an agency permit pursuant to section
				  578.11 of this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 578 - Special Provisions Relating to Freshwater Wetlands › Section 578.3 - Definitions used in this Part

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the definitions in section
					 24-0107 of the Environmental
					 Conservation Law, the following terms shall have the following
					 definitions:
(a) Adjacent area means
				  lands or waters within 100 feet, measured horizontally, of the boundaries of a
				  freshwater wetland.
(b) Artificial
				  mudflat means generally unvegetated mud bottoms exposed by human action, such
				  as those exposed by reservoir drawdowns.
(c)
Bog
means a wetland
				  where standing or slowly running water is at or near the surface during a
				  normal growing season, and where the vegetation grows on an accumulation of
				  largely undecomposed acidic organic debris which is saturated at or near the
				  ground surface by standing or slowly flowing water throughout a normal growing
				  season. The base of the vegetative community is typically a mat formed by peat
				  moss
(Sphagnum
spp.) and which also contains some or all of
				  the following species, many of which are specially adapted to saturated or acid
				  soil conditions:
leatherleaf (Chamaedaphne calyculata),
sheep
				  and swamp laurels
(Kalmia angustifolia,
K.
polifolia),
labrador tea
(Ledum groenlandicum),
bog rosemary
(Andromeda
poll folia"), low bush cranberries
(Vaccinium
oxycoccus
oxycoccos, V.
macrocarpon),
rhodora
(Rhododendron
canadense),
cottongrasses
(Eriophorum
spp.),
				  sedges
(Carex_spp., Cyperus
spp.), black spruce
(Picea
				  mariand),
American larch or tamarack
(Larix laricind),
bog aster
(
Qclemena
nemoralis),
pitcher plant
(Sarracenia purpurea),
sundews
(Drosera
spp.), liverwort
(Cladopodiellafluitans),
and orchids
(Arethusa bulbosa, Pogonia ophioglossoides,
				  Calopogon
tuberosus, Platanthera spp.)- Other commonly associated
				  species include sweet gale
(Myrica gale),
chokeberry
(
Photinia spp.), northem white cedar
(Thuja
				  occidentalis),
red maple
(Acer rubrum),
and white
				  pine
(Pinus strobus).
(d)
(1)
				  Boundaries of a freshwater wetland or wetland boundaries means the outer limits
				  of the vegetation referred to in paragraphs (1) and (2) of the definition of
				  "freshwater wetlands" in this section and of the lands and waters referred to
				  in paragraph (3) thereof. In any case where indicator species are present,
				  seasonal or permanent flooding or sufficiently water-logged soils to give them
				  a competitive advantage over non-wetland species must also be
				  present.
(2) The agency will
				  determine the exact location of wetland boundaries at the request of any person
				  having a legal interest in property and contemplating thereon a regulated
				  activity, or an activity in adjacent areas listed in section
				  578.2(b) of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 578 - Special Provisions Relating to Freshwater Wetlands › Section 578.4 - General values of wetlands

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Flood
				  damage and storm water control. Wetlands slow water runoff and temporarily
				  store water, slowing movement of the crest downstream and lowering its
				  elevation, thus helping to protect downstream areas from flooding and siltation
				  or sedimentation. Public health and private property in one part of a watershed
				  may be harmed if wetlands are destroyed or substantially altered in upstream
				  parts of that watershed.
(b)
				  Wildlife habitat. Wetlands are of unparalleled value as wildlife habitat. Many
				  of the wetland bird species, such as ducks, geese, herons and the endangered
				  bald eagle, are migratory. They must have nesting, migrating and wintering
				  habitat. The destruction of one kind of habitat in one part of the State will
				  reduce populations in other parts of the State or country and deprive
				  bird-watchers, hunters and others of recreational opportunities. Where a
				  specific wetland is the only known location of a key endangered species
				  habitat, destruction of that wetland may threaten the survival of the
				  species.
(c) Protection of water
				  resources and valuable watersheds through pollution treatment or sediment
				  control. The protection of surface and subsurface water resources afforded by
				  wetlands benefits all potential users of those water resources. The cleansing
				  action of wetlands, through sedimentation and oxidation or precipitation of
				  pollutants, may provide water cleaner than would be the case if the wetlands
				  were destroyed. The loss of wetlands may result in a decline in water quality
				  downstream or in adjacent lakes.
(d) Recreation. Wetlands provide spawning and
				  nursery grounds for several species of fish. The availability of these fish may
				  be adversely affected by the loss of these or adjacent wetlands. Nutrients
				  supplied by wetlands are often important to the fisheries food chains of
				  adjacent waters. In addition to their importance to fishermen, many wetland
				  areas provide important hunting, boating, hiking, birdwatching, photography,
				  and other recreational opportunities.
(e) Other values. Wetlands provide
				  opportunities for scientific research, visual variety and open space, and
				  educational benefits.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter II - Regulation of Land Use and Development and Subdivision of Land › Part 578 - Special Provisions Relating to Freshwater Wetlands › Section 578.6 - Method for determining overall wetland value

Current through Register Vol. 46, No. 28, July 10, 2024
Where a wetland contains multiple values based upon more
					 than one factor listed in section
					 578.5 of this Part:
(a) The overall wetland value will be no
				  lower than its highest associated value.
(b) Three or more medium value
				  characteristics (3) will raise a wetland associated value to high
				  (2).
(c) Three or more high value
				  characteristics (2) will raise a wetland associated value to highest
				  (1).