New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 505 - Coastal Erosion Management › Local Regulation of Coastal Erosion Hazard Areas › Section 505.16 - Submission of local programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Local governments may regulate erosion hazard areas within their jurisdictions
					 by adopting a local program that has been certified by the commissioner as
					 meeting the minimum standards of section
					 505.17 
					 of this Part. Pursuant to section 34-0105 of the act, cities, towns (outside
					 the area of any incorporated village) and villages have the first opportunity
					 to adopt a local program after the coastal erosion hazard area maps for their
					 jurisdiction have been filed with their city, town or village clerk. If a city,
					 town (outside the area of any incorporated village), or village does not submit
					 a local program to the commissioner for certification, or the commissioner does
					 not certify a local program within the time limits specified in section
					 34-0105(1) or (3) of the act, the county containing such city, town or village
					 may submit a local program to the commissioner. If a county's local program is
					 certified by the commissioner as meeting the minimum standards of section
					 505.17 
					 of this Part within the time limits specified in section 34-0106(1) or (3) of
					 the act, such county has the responsibility and authority to regulate erosion
					 hazard areas within all cities, towns (outside the area of any incorporated
					 village) and villages within the county which have failed to submit a local
					 program or have failed to get certification of a proposed local program within
					 the time limits of section 34-0105(1) and (3) of the act. Sections 34-0105 and
					 34-0106 of the act establish the procedural steps local governments must follow
					 in assuming local jurisdiction over erosion hazard areas.
(b) Submission of a local program to the
					 commissioner for certification must be on a form provided by the department and
					 must include:
(1) a certified copy of the
					 erosion management local law or ordinance and all other local laws, ordinances,
					 zoning regulations, subdivision and site plan approval regulations, or any
					 other applications of police power that are elements of the local
					 program;
(2) a map or other
					 identification of the erosion hazard area subject to regulation;
(3) identification of the person(s) who will
					 administer the program and their address, telephone number, current title,
					 educational background, relevant work experience, location of employment, and
					 their relationship to the local government (e.g., paid or volunteer, full-time
					 or part-time, permanent or temporary);
(4) description of the local government's
					 administrative capacity to administer its local program including a
					 step-by-step discussion of how a local permit application will be processed.
					 Such discussion must describe, in chronological order, what individual or
					 office receives a local permit application and what individual or office
					 maintains records after the activity for which the permit is issued is
					 completed, and each step between. The function of each step should be
					 described;
(5) an identification of
					 what person or office will have the responsibility for enforcement;
					 and
(6) a resolution that the local
					 government will enforce the purposes and policies of the act and the minimum
					 standards of section
					 505.17 
					 of this Part; that it will conduct compliance inspections to assure that the
					 terms and conditions of local permits are adhered to; that it will investigate
					 all reports of violations; that it will prosecute violations of its local
					 program and terms and conditions of local permits; and that the local program
					 was subject to public notice and review as required by the local
					 government.