New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.150 - Executive Order No. 150: New land use and development by State agencies within the Adirondack Park

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, the Adirondack Park is an area of open space
					 character, aesthetic value and wealth of natural resources unique in New York
					 and the eastern United States; and
WHEREAS, there is a substantial State interest in the
					 Adirondack Park, and the Legislature has sought to insure optimum overall
					 conservation, preservation, protection, development and use of its scenic,
					 aesthetic, wildlife, recreational, open space, historic, ecological and natural
					 resources; and
WHEREAS, article 27 of the Executive Law provides for the
					 review of new land use and development in the Adirondack Park by private
					 persons and other private entities by the Adirondack Park Agency, but new land
					 use and development by State agencies is subject only to advisory review;
					 and
WHEREAS, the agencies of New York State Government have no
					 less an obligation to protect the resources of the Adirondack Park than do
					 private persons;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, do hereby establish procedures to assure that new
					 land use and development by State agencies within the Adirondack Park undergo
					 the same level of Adirondack Park Agency review as is demanded of private
					 developers.
(1) For the purposes of
				  this Order,
land use or development
means any construction or
				  other activity which materially changes the use or appearance of land or a
				  structure or the intensity of the use of land or a structure. The term shall
				  not include any landscaping or grading which is not intended to be used in
				  connection with another land use, or ordinary repairs or maintenance or
				  interior alterations to existing structures or uses.
(2) No State agency shall undertake any
				  project in the Adirondack Park which is determined by the Adirondack Park
				  Agency to constitute new land use or development except in compliance with
				  section 814  of the Executive Law.
(3) Any State agency which is advised by the
				  Adirondack Park Agency, pursuant to section 814  of the Executive Law, that new
				  land use and development proposed by it within the Adirondack Park will be
				  consistent with the Adirondack Park Land Use and Development Plan, as defined
				  in section 802  of the Executive Law, and the shoreline restrictions thereof,
				  and will not have an undue adverse impact upon the resources of the Adirondack
				  Park provided certain conditions are met, shall comply with such
				  conditions.
(4) Any State agency
				  which is advised by the Adirondack Park Agency, pursuant to section 814  of the
				  Executive Law, that new land use and development proposed by it within the
				  Adirondack Park will not be consistent with the Adirondack Park Land Use and
				  Development Plan or the shoreline restrictions thereof, or will have any undue
				  adverse impact upon the resources of the Adirondack Park, shall not undertake
				  such use or development unless the Adirondack Park Agency determines that the
				  public interest and a compelling State purpose warrants that the project be
				  undertaken. If the Agency determines that the project should not go forward the
				  agency proposing the project may notify the Governor, within 30 days of such
				  determination, of any compelling state purpose requiring that the project be
				  undertaken.
(5) This order shall
				  not apply to (1) new land use and development undertaken on State lands by the
				  Department of Environmental Conservation or other State agency in conformance
				  with a unit management plan adopted pursuant to the Master Plan for the
				  Management of State Lands, provided by section 816  of the Executive Law; (2)
				  projects on State lands which are determined by the Adirondack Park Agency to
				  be ordinary maintenance or rehabilitation of structures and improvements
				  conforming to such Master Plan, minor trail relocation, or the removal of
				  structures or improvements which do not conform to the Master Plan; or (3) any
				  emergency project which is immediately necessary for the protection of life or
				  property and which is undertaken within 10 days of the discovery by the State
				  agency of the emergency.
(6) Public
				  authorities and public benefit corporations involved in new land use and
				  development within the Adirondack Park are urged to follow the procedures and
				  comply with the requirements provided by this Order.
Signed: Mario M. Cuomo
Dated: October 9, 1991.