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 578 - Special Provisions Relating to Freshwater Wetlands › Section 578.7 - Advisory opinions as to wetland value ratings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency staff will, at the request of
				  any person having a legal interest in property and contemplating a regulated
				  activity thereon, provide an advisory opinion as to the value rating of any
				  particular wetland. The opinion may be based on:
(1) the specific characteristics of the
				  wetlands involved, such as:
(i) proximity to
				  streams, lakes, rivers, and aquifer recharge areas;
(ii) covertype or types;
(iii) historical, archaeological or
				  geographical significance;
(iv)
				  location and size in relation to the drainage basin involved;
(v) underlying soil types; and
(vi) historical or traditional use;
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 578.9 - Benefits of activity proposed

Current through Register Vol. 46, No. 28, July 10, 2024
In its review of wetlands projects pursuant to this Part
					 the agency will consider the relative values of wetlands set forth in section
					 578.5 of this Part, as well as any
					 economic, social or other benefits to be derived from the activity proposed.
					 Such benefits may compel a departure from the general guidelines of this Part,
					 in which case the agency shall document the specific benefits compelling such
					 departure.
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 578.10 - Issuance of permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless the
				  economic, social and other benefits to be derived from the activity proposed
				  compel a departure from these guidelines, the agency shall not issue a permit
				  for regulated activities in the following wetlands unless the findings set
				  forth below are made.
(1) Wetlands rated1.
				  The proposed activity:
(i) would be
				  compatible with preservation of the entire wetland; and
(ii) would not result in degradation or loss
				  of any part of the wetland or its associated values.
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 578.11 - Adjacent area regulation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 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.
(b) Where, in its review of an application
				  made pursuant to this section, the agency finds that the activity proposed will
				  not impinge upon or otherwise substantially affect the wetland, it may treat
				  the application as a request for determination of jurisdiction pursuant to
				  sections 571.1 and
				  571.5 of these regulations and
				  issue its determination that no permit is required.
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 578.12 - Procedures for the readjustment of freshwater wetlands maps

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Following promulgation by the
				  Commissioner of Environmental Conservation pursuant to section 24-0301(5) of
				  the Freshwater Wetlands Act of a freshwater wetlands map for any area within
				  the Adirondack Park, the agency may upon application of any person, or upon its
				  own initiative, readjust any such map to clarify the boundaries of the wetlands
				  shown thereon, to correct any errors on the map, or to effect any additions,
				  deletions or technical changes in the map, and to reflect changes as have
				  occurred as a result of the granting of permits pursuant to section 24-0703 of
				  the Freshwater Wetlands Act, section 809 of the Adirondack Park Agency Act or
				  this Part, or natural changes which have occurred through erosion, accretion or
				  otherwise.
(b) Notice of such
				  readjustments shall be given by:
(1) filing a
				  copy of the agency's order and relevant portion of the map in (i) the central
				  office of the Department of Environmental Conservation, and (ii) each regional
				  office of the Department of Environmental Conservation and the office of the
				  clerk of each county, town or village in which the affected wetlands or parts
				  thereof are located;
(2) mailing a
				  copy of such order and portion of the map by certified mail to (i) each owner
				  of the wetlands or portions thereof affected as shown on the latest completed
				  tax assessment roll, and by mail to (ii) the chief administrative officer and
				  clerk of each county, town or village in which the affected wetlands or parts
				  thereof are located; and
(3)
				  causing a copy of such order to be published in at least two newspapers of
				  general circulation in the area where the affected wetlands or parts thereof
				  are located.
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 578.13 - Freshwater wetlands appeals board

Current through Register Vol. 46, No. 28, July 10, 2024
The Freshwater Wetlands Appeals Board is empowered to
					 review the following agency actions:
(a) determinations pursuant to section
				  571.2 of these regulations as to
				  the existence of wetlands and the locations of wetland boundaries;
(b) actions on wetlands projects
				  jurisdictional solely pursuant to the Freshwater Wetlands Act;
(c) classification of wetlands, promulgation
				  of minimum land use regulations for freshwater wetlands, approval or
				  disapproval of proposed freshwater wetland land use regulations submitted by a
				  local government and farming land use regulations in the event of disapproval,
				  action on applications to change such land use regulations, and orders or
				  regulations issued pursuant to section
				  582.2 of these
				  regulations;
(d) determination of
				  applications and determinations not to require a permit made pursuant to
				  section 578.11 of this Part;
(e) determinations to regulate extended
				  adjacent areas made pursuant to section
				  582.8(d) of these
				  regulations;
(f) readjustment of
				  freshwater wetlands maps pursuant to section
				  578.12 of this Part;
(g) any other order or decision made pursuant
				  to this Part and reviewable pursuant to section 24-1103 of the Freshwater
				  Wetlands Act. The regulations of the board are set forth at 6 NYCRR Part
				  647.
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 578.14 - Effective date of this part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall take effect May, 1, 1983, except
					 that:
(a) as to those activities
				  referred to in sections
				  573.7(b)(1)(ii)
				  and 573.7(e)(1) of
				  this Title in coniferous swamps, it shall take effect August 1, 1983;
				  and
(b) it shall apply to State
				  agencies immediately.
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 579 - Special Provisions Relating To Projects By State Agencies › Section 579.1 - General rules

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any State
				  agency which intends to undertake new land use or development on State or
				  private land within the Adirondack Park, other than the Department of
				  Environmental Conservation, whose activities are governed by the State Land
				  Master Plan and individual unit management plans adopted thereunder, shall:
(1) give due regard to the provisions of the
				  land use and development plan and the shoreline restrictions; and
(2) comply with section 814 of the Adirondack
				  Park Agency Act and the provisions 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 579 - Special Provisions Relating To Projects By State Agencies › Section 579.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Prior to the submission of a formal
				  budget request shall mean prior to the submission of a request to the Division
				  of the Budget for authorization to advertise for receipt of bids (bid
				  authorization) as required by the Budget Policy and Reporting Manual, item
				  E-010. In preparing such requests, State agencies should identify the fact that
				  the location of the project is in the Adirondack Park and subject to section
				  814 of the Adirondack Park Agency Act.
(b) State agency means any department,
				  bureau, commission, board or other agency of the State, including any public
				  benefit corporation any member of which is appointed by the Governor.
(c) State agency project means any new land
				  use or development by a State agency, other than a class A or class B regional
				  project, a river project or a wetlands 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 579 - Special Provisions Relating To Projects By State Agencies › Section 579.3 - Procedures for review of state agency projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any State agency proposing a State agency
				  project shall file a notice of intent with the agency which shall:
(1) consist of a completed agency notice of
				  intent form or be labelled Notice of Intent to Undertake Land Use or
				  Development Within the Adirondack Park;
(2) be filed at the earliest time practicable
				  in the planning of the project, and in any event prior to the submission of a
				  formal budget request for the funding of the project;
(3) include all materials prepared by the
				  State agency pursuant to the State Environmental Quality Review Act.
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 579 - Special Provisions Relating To Projects By State Agencies › Section 579.4 - State agency response to agency determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 15 days of receipt of an agency
				  determination concerning a State agency project (except those pursuant to
				  section 579.3[d][3] of
				  this Part), the State agency shall make one of the following responses to the
				  agency, in writing:
(1) if the agency
				  determined that the project will not be inconsistent with the plan and will not
				  have an undue adverse impact upon the resources of the park, the State agency
				  shall report that it will undertake the project in accordance with the findings
				  of fact of the agency decision;
(2)
				  if the agency determined that the project will not be inconsistent with the
				  plan and will not have an undue adverse impact, provided certain conditions are
				  met, the State agency (i) shall report that it will comply with the conditions,
				  or (ii) if it proposes not to comply with the conditions, shall fully explain
				  and justify why it will not comply;
(3) if the agency determined that the project
				  will be inconsistent with the plan or will have an undue adverse impact, the
				  State agency (i) shall report that it will not undertake the project, or (ii)
				  if it proposes to undertake the project, shall fully explain and justify such
				  decision and describe the measures it will take to mitigate the inconsistency
				  or adverse impacts.
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 580 - Hearing Procedures › Section 580.1 - Applicability of this Part

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				  as provided in subdivision (b) of this section, this Part applies to public
				  hearings held on all projects.
(b)
				  This Part does not apply to public hearings on variances where no agency permit
				  is required, or to public hearings on projects requiring variances which are
				  held solely to consider the variance request. Such hearings will be held in
				  accordance with section
				  576.5 of this Title.
(c) Except as required by article 3 of the
				  State Administrative Procedure Act, the agency staff is authorized to waive any
				  or all of the procedural provisions of this Part in the case of single family
				  dwellings, mobile homes or subdivisions of land involving less than five lots,
				  parcels or sites. Hearings on such projects shall be as informal as
				  possible.
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 580 - Hearing Procedures › Section 580.2 - Determination to conduct public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Criteria. The criteria employed in
				  determining whether to conduct a public hearing include:
(1) the size and/or complexity of the
				  project, whether measured by cost, area, effect upon municipalities, or
				  uniqueness of resources likely to be affected;
(2) the degree of public interest in the
				  project, as evidenced by communication from the general public, governmental
				  officials or private organizations;
(3) the presence of significant issues
				  relating to the criteria for approval of the project;
(4) the possibility that the project can only
				  be approved if major modifications are made or substantial conditions are
				  imposed;
(5) the possibility that
				  information presented at a public hearing would be of assistance to the agency
				  in its review;
(6) the extent of
				  public involvement achieved by other means;
(7) whether an environmental impact statement
				  will be prepared pursuant to the State Environmental Quality Review Act;
				  and
(8) the statutory finding
				  required by section 814(2) of the Adirondack Park Agency Act in the case of
				  State agency projects reviewed thereunder.
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 580 - Hearing Procedures › Section 580.3 - Limitation of issues

Current through Register Vol. 46, No. 28, July 10, 2024
The agency may determine to limit the issues to be
					 considered at the hearing, in which case it will advise the project sponsor of
					 its determination and the notice of hearing will specify the issues to be
					 considered.
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 580 - Hearing Procedures › Section 580.4 - Notice of public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Contents.
				  The notice of public hearing shall include:
(1) the time and place of the
				  hearing;
(2) the authority pursuant
				  to which the hearing is held;
(3)
				  the name of the project sponsor;
(4) a brief description of the location,
				  nature and scope of the project;
(5) if the project requires a variance from
				  the shoreline restrictions of section 806 of the Adirondack Park Agency Act or
				  of Part 577 of this Title, the type and degree of variance required;
(6) unless the agency has limited the issues
				  to be considered pursuant to section
				  580.3 of this Part, the major
				  issues likely to be considered at the hearing;
(7) a statement that the application and
				  supporting materials are available for public inspection pursuant to Part 587
				  of this Title;
(8) a statement that
				  any person may speak or submit a written statement; and
(9) a statement that any person (other than
				  those listed in this subdivision and subdivision [b] of this section) who
				  desires to become a party to the hearing in order to present evidence and
				  cross-examine witnesses must comply with the procedures set forth in section
				  580.7 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 580 - Hearing Procedures › Section 580.5 - Parties to the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the project sponsor and the persons named in
					 section 809(3)(e) of the Adirondack Park Agency Act, the parties to the hearing
					 shall be:
(a) any State
				  agency;
(b) any person receiving
				  individual notice pursuant to section
				  580.4(b)(3) of
				  this Part; and
(c) persons granted
				  intervention pursuant to section
				  580.7 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 580 - Hearing Procedures › Section 580.6 - Duty of the agency staff

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  agency staff shall present evidence concerning the pertinent development
				  considerations and the other required findings of section 809(9) or section
				  809(10) of the Adirondack Park Agency Act, the Wild, Scenic and Recreational
				  Rivers System Act, section 814 of the Adirondack Park Agency Act, or other
				  applicable provisions of these regulations. The agency staff, while not a party
				  to the hearing, shall have the right to participate fully in the hearing and
				  shall act as an advocate for a full and complete record upon which an informed
				  decision can be made. The staff is not required to assume the project sponsor's
				  burden of proof.
(b) The agency
				  staff shall state at the outset of the hearing which of the development
				  considerations and other required findings it considers pertinent to the
				  project and shall briefly outline the evidence it intends to present.
(c) Upon a sufficient showing by any person
				  or party made at any time during the hearing, or on his own motion, the hearing
				  officer may order the agency staff to produce evidence with respect to any of
				  the development considerations or other required findings.
(d) The agency staff shall assist any
				  uncounselled sponsor of a minor project in entering his application and
				  supporting evidence on the record.
(e) Any documents required to be served upon
				  a party shall also be served upon the agency staff.
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 580 - Hearing Procedures › Section 580.7 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person may
				  seek to become a party in order to present evidence, cross-examine witnesses,
				  and otherwise participate in a public hearing by filing a written petition with
				  the executive director or, if he has been selected at the time of its filing,
				  the hearing officer. The petition shall be filed prior to the commencement of
				  the hearing and shall:
(1) if submitted by an
				  organization, state the nature and purpose of the organization, number of
				  members, organizational structure, history of formation and legal nature, and
				  include a copy of any charter, certificate of incorporation, bylaws,
				  constitution or the like;
(2)
				  demonstrate capacity to participate in administrative proceedings and to supply
				  information or expertise relative to matters likely to be considered at the
				  hearing;
(3) state whether the
				  petitioner has participated in any previous legal or administrative proceedings
				  similar to those conducted by the agency;
(4) state the petitioner's relationship to
				  the matters involved, the nature of the evidence or argument he intends to
				  present, and any other matter the petitioner believes relevant to granting the
				  petition;
(5) demonstrate that the
				  petitioner has a material social, economic or environmental interest which is
				  likely to be affected by the agency decision concerning 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 580 - Hearing Procedures › Section 580.8 - Selection of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  agency shall select a hearing officer as early as possible following its
				  determination to hold a hearing. The hearing officer shall make full
				  disclosure, as part of the record, of all information he deems relevant to the
				  issue of bias or other disqualification.
(b) Any issue concerning the qualification of
				  the hearing officer shall be resolved in a pre-hearing conference if possible.
				  All parties shall be given sufficient opportunity to challenge his designation
				  by filing the affidavit referred to in section 303 of the State Administrative
				  Procedure Act with the executive director, on notice to the hearing officer and
				  the other parties.
(c) Upon receipt
				  of a copy of the affidavit, the hearing officer and the other parties to the
				  hearing may submit responding similar affidavits concerning bias or
				  disqualification. Failure to do so will be considered to mean that the
				  selection of the hearing officer is acceptable to the party.
(d) The executive director shall decide the
				  challenge within two business days of receipt of the affidavit and any
				  responding affidavits. If he deems the challenging affidavit insufficient, he
				  may either allow the party filing it to submit further written evidence, or he
				  may order that the proceedings continue.
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 580 - Hearing Procedures › Section 580.9 - Pre-hearing conferences

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer may direct the parties to appear for a
					 conference to simplify, define, limit or resolve issues. The hearing officer
					 shall summarize for the record the action taken at the conference and any
					 admissions, stipulations or agreements which were made by the
					 parties.
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 580 - Hearing Procedures › Section 580.10 - Appearances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person
				  representing a party may be required, on the motion of any party or on the
				  hearing officer's own motion, to demonstrate his authority to act for and to
				  bind the party.
(b) If a party
				  fails to appear at the hearing, he shall be deemed to have waived the right to
				  participate in the proceedings, except for good cause shown and in the
				  discretion of the hearing officer.
(c) In the event that a party appears at a
				  hearing and no other party appears, he may elect to present his evidence in the
				  form of affidavits to be submitted at a future date or by oral testimony before
				  the hearing officer.
(d) The
				  hearing officer may relieve any party of the consequences of any default upon a
				  showing of good cause.
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 580 - Hearing Procedures › Section 580.11 - Pleadings; motions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice of
				  hearing. The notice of hearing and all documentary proof of notice, the
				  application and all supporting documents shall be deemed admitted, subject to a
				  motion to strike, made before the close of the hearing. Upon a motion to strike
				  the notice of hearing or any documentary proof of notice, the hearing officer
				  may direct the agency staff to present testimony concerning notice.
(b) The burden shall be on the project
				  sponsor to present testimony concerning the matters alleged in the
				  application.
(c) Motions.
				  Applications to the hearing officer for rulings, orders or determinations,
				  including requests to recommend that the application be approved, approved on
				  stated conditions, or disapproved, may be made orally during the hearing or in
				  writing. The hearing officer shall give all parties an opportunity to respond
				  thereto.
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 580 - Hearing Procedures › Section 580.12 - Adjournments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An application
				  for an adjournment made in advance of the first hearing day, or while the
				  hearing is in recess, shall not be granted except for good cause shown and
				  unless written request is presented therefor to the hearing officer on notice
				  to the parties three business days in advance of the next scheduled hearing
				  session.
(b) An application for an
				  adjournment made during a hearing shall not be granted except for good cause
				  shown.
(c) Hearings shall be
				  adjourned to a time, day and place certain. No further formal notice need be
				  given; however, the agency may give such notice of the reconvening of a hearing
				  as it deems appropriate.
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 580 - Hearing Procedures › Section 580.13 - Consolidation, severance and failure of notice

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer shall have power concerning
					 consolidation, severance and failure of notice to make such order as justice
					 requires. Upon his own motion and upon motion of any party, he may order a
					 joint hearing of any or all matters in issue involving common questions of
					 fact. He may, jointly with any other agency hearing officer, order
					 consolidation of hearings, and may make any other orders as may tend to avoid
					 delay. He may order a severance of the hearing and may order separate hearings
					 in respect to any issue.
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 580 - Hearing Procedures › Section 580.15 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General.
(1) The rules of evidence observed by courts
				  shall not be strictly applied, but all evidence must be competent, material and
				  relevant. Hearsay evidence is admissible if a reasonable degree of reliability
				  thereof is shown.
(2) The hearing
				  officer shall preclude immaterial, irrelevant or unduly repetitious evidence or
				  cross-examination.
(3) No decision,
				  determination or order shall be made except upon consideration of the record as
				  a whole and as supported by and in accordance with substantial
				  evidence.
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 580 - Hearing Procedures › Section 580.16 - Joint proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
The agency may, by agreement with any Federal, State or
					 local governmental body having concurrent jurisdiction over a project or
					 related application, provide for joint notices and joint hearings. Joint
					 hearings will be held whenever possible.
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 580 - Hearing Procedures › Section 580.17 - Ex parte communications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  party shall, directly or through a representative, communicate with the hearing
				  officer designated for any particular hearing, in connection with any issue of
				  fact or law involved in any pending application, except upon notice and
				  opportunity for all parties to participate.
(b) Hearing officers requested to hear and
				  report may have the aid and advice of agency staff other than the staff which
				  has been or is engaged in the investigative or prosecuting functions in
				  connection with the case under consideration or a similar case.
(c) Section
				  587.4 of this Title, concerning ex
				  parte communications with the agency, shall also 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 580 - Hearing Procedures › Section 580.18 - Agency determination and order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency staff may summarize the record
				  of any hearing for the aid of the agency. The parties participating in the
				  hearing shall be provided an opportunity to make written comment with respect
				  to the completeness of the summary. Comments shall be directed to the record
				  and shall not consist of argument or reference to matters outside the
				  record.
(b) Agency members
				  deliberating and voting on a project may communicate with other members of the
				  agency and may have the aid and advice of agency staff other than staff which
				  has been or is engaged in the investigative or litigating functions in
				  connection with the review of the project or any factually related
				  matters.
(c) The decision,
				  determination or order shall be in writing or stated in the minutes required by
				  section 587.2(e) of these
				  regulations, and shall include findings of fact and conclusions of law or
				  reasons for the decision, determination or order. The making of findings of
				  fact shall constitute a ruling upon each finding proposed by the
				  parties.
(d) Unless otherwise
				  ordered by the hearing officer or unless the parties stipulate to a longer
				  period, the agency decision, determination or order shall be mailed on or
				  before 60 calendar days after receipt by the agency of a complete record, as
				  defined in section 302(1)(a)-(e) of the State Administrative Procedure
				  Act.
(e) A copy of the decision,
				  determination or order shall be delivered or mailed to each party and to his
				  attorney of record.
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 580 - Hearing Procedures › Section 580.19 - Public hearings on draft environmental impact statements to be combined

Current through Register Vol. 46, No. 28, July 10, 2024
Any hearing on a draft environmental impact statement
					 prepared pursuant to the State Environmental Quality Review Act shall be
					 consolidated with any hearing held pursuant to this Part to the maximum extent
					 practicable.
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 580 - Hearing Procedures › Section 580.20 - Extension of time by consent

Current through Register Vol. 46, No. 28, July 10, 2024
Any time period specified in this Part may be extended for
					 good cause by written mutual consent of the project sponsor and the agency
					 staff.
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 581 - Enforcement › Subpart 581-1 - Introduction › Section 581-1.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any violation
					 of the Adirondack Park Agency Act, the New York State Freshwater Wetlands Act
					 within the Adirondack Park, the New York State Wild, Scenic and Recreational
					 River Systems Act on private lands within the Adirondack Park, the agency's
					 regulations, the terms or conditions of any permit or order issued by the
					 agency, or of the terms or conditions of any agreement administratively
					 resolving a violation, shall be grounds for enforcement in accordance with the
					 provisions of this Part.
(b) Any
					 agency proposal to modify the terms or conditions of any permit or variance
					 issued by the agency shall be undertaken in accordance with the provisions 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 581 - Enforcement › Subpart 581-1 - Introduction › Section 581-1.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
The following terms shall have the stated meanings when
						used in Part 581:
(a) Act means the
					 Adirondack Park Agency Act, Executive Law, article 27.
(b) Agency means the Adirondack Park Agency
					 as defined in Executive Law, section 803.
(c) ECL means the New York State
					 Environmental Conservation Law.
(d)
					 Executive director means the executive director of the agency or his
					 designee.
(e) FWA means the
					 Freshwater Wetlands Act, ECL article 24.
(f) Hearing officer means an officer,
					 employee or other designee of the agency who presides over administrative
					 enforcement hearings and related proceedings.
(g) Order means any order issued by the
					 agency or its designated agent.
(h)
					 Permit means any permit or variance issued by the agency or its designated
					 agent.
(i)
Permit holder
means any person or State agency that has been issued an agency permit
					 or variance pursuant to the Act, the FWA, or the Rivers Act or any person or
					 State agency that has assumed the benefits and obligations of an agency permit
					 or variance pursuant to law, regulation, permit condition or property
					 ownership.
(j) Person means an
					 individual, corporation, partnership, association, trustee, municipality or
					 other legal entity but shall not include the State or any State agency except
					 for matters considered pursuant to the FWA and the Rivers Act.
(k) Respondent means any person receiving a
					 notice of apparent violation, a notice of hearing or a notice of intent, a
					 cease and desist order, or any other order pursuant to this Part, or who
					 resolves a violation by agreement with the agency.
(l) SAPA means the State Administrative
					 Procedure Act.
(m) Rivers Act means
					 the Wild, Scenic & Recreational River Systems Act, ECL article 15, title
					 27.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.1 - Authority and duties of enforcement committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An enforcement committee consisting of
					 three or more agency members to be appointed by the agency's chairman will act
					 for the agency in enforcement actions undertaken by and on behalf of the
					 agency. The chairman of the agency may sit as a voting member of the
					 enforcement committee at any time.
(b) The enforcement committee shall provide
					 guidance to the executive director in his actions relating to alleged
					 violations and make recommendations to the agency regarding enforcement
					 policies, operation of the enforcement program, and rules and regulations
					 related to enforcement.
(c) Any
					 alleged violation or any other particular matter may be considered by the
					 enforcement committee upon:
(1) a referral by
					 the executive director; or
(2) a
					 request by a majority of enforcement committee members.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.2 - Authority and duties of the agency with respect to enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any alleged
					 violation may be considered by the agency upon:
(1) a referral by the enforcement committee
					 prior to a determination by the enforcement committee; or
(2) a request by a majority of the agency
					 members made prior to consideration of the alleged violation by the enforcement
					 committee.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.3 - Authority and duties of executive director

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive director shall have
					 authority and responsibility to take the following actions under this Part:
(1) oversee agency staff investigations of
					 alleged violations;
(2) resolve
					 violations by agreement with landowners and other persons responsible for such
					 violations;
(3) issue
					 cease-and-desist orders;
(4)
					 request immediate remediation of any land on which there has been or is
					 continuing any illegal construction, land use or development or subdivision of
					 land;
(5) serve notices of apparent
					 violation and refer enforcement cases to the enforcement committee and advise
					 enforcement committee members and/or agency members of the status of
					 investigations and of recommendations for their disposition;
(6) commence administrative enforcement
					 hearings to enforce the FWA;
(7)
					 serve notices of intent for purposes of modifying, suspending or revoking
					 agency permits; and
(8) refer
					 alleged violations to the Attorney General in accordance with section
					 581-2.8 of this Subpart.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.4 - Cessation of illegal development or subdivision; immediate abatement and remediation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
					 case of an apparent violation involving ongoing construction, land disturbance
					 or subdivision of land, the landowner and all lessees, contractors, builders,
					 and other agents may be ordered in writing to cease and desist such activities
					 until the apparent violation is resolved according to the provisions of this
					 Part or by a court. When there is a danger that the elements may cause
					 irreparable damage to a partially completed use or structure, the order or a
					 modification thereto may allow measures to prevent such damage provided that
					 such authorization shall not substitute for any required permit or
					 variance.
(b) In the case of an
					 apparent violation involving ongoing or threatened damage to the resources of
					 the Adirondack Park, the landowner and all lessees, contractors, builders, and
					 other agents may be requested in writing to take immediate measures to redress
					 such ongoing or threatened damage.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.5 - Administrative resolution of violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Violations may be resolved
					 administratively by agreement(s) entered into with any person(s) responsible
					 for a violation.
(b) An
					 administrative resolution may include a compromise of penalties, injunctive
					 relief, and such other measures or actions as the agency, the enforcement
					 committee, or the executive director, deems necessary or appropriate.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.6 - Enforcement proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 executive director may initiate an enforcement proceeding to be held by the
					 enforcement committee for a determination whether a violation has occurred and
					 a decision on an appropriate disposition of an enforcement action. Whenever
					 this section refers to the enforcement committee, it shall mean the agency
					 where the agency considers
aa
alleged violation pursuant to
					 section 581-2.2 of this Subpart.
(b) To initiate enforcement proceedings, the
					 executive director shall serve a notice of apparent violation upon the
					 respondent reciting the material facts and documentary evidence, and the
					 provisions of law upon which the notice is based. The notice may also include a
					 recommendation for resolution of the enforcement action. The notice shall
					 include:
(1) the date and place the
					 enforcement committee will consider the matter;
(2) a statement that any written response to
					 the notice shall be signed by the respondent or his attorney and served upon
					 the executive director within 30 days of the date of the notice; and
(3) a statement that the respondent may
					 appear before the enforcement committee either in person or by counsel, and be
					 heard concerning any disputed matter of fact or law or with respect to the
					 nature of any proposed resolution. The notice shall state that a respondent may
					 authorize the person other than an attorney to speak on his behalf so long as
					 the respondent appears in person before the enforcement committee.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.7 - Agency review of permit or variance applications involving violations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
					 executive director determines that there is reasonable cause to believe that a
					 violation has occurred, an application involving an unresolved violation on the
					 proposed project site shall not be processed and the time periods of section
					 809 of the Act shall not run until the alleged violation is resolved in
					 accordance with the provisions of this Part or by a court. The executive
					 director shall notify the project sponsor of such determination and action in
					 writing.
(b) Local government
					 officials of the municipality which is the location of the proposed project
					 site and alleged violation, and the Adirondack Park Local Government Review
					 Board, shall be notified of the receipt of an application which involves such
					 alleged violation.
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 581 - Enforcement › Subpart 581-2 - General Enforcement Process › Section 581-2.8 - Referrals to the Attorney General

Current through Register Vol. 46, No. 28, July 10, 2024
An alleged violation of the statutes and regulations
						administered by the agency, of any permit or order issued by the agency or its
						designee, of any agreement administratively resolving a violation, or a refusal
						to comply with a request for access to property or information involving a
						violation or to redress ongoing damage to the natural resources of the
						Adirondack Park, may be referred to the Attorney General pursuant to section
						63 of the
						Executive Law and section 813 of the Act or the relevant provisions of the ECL
						as follows:
(a) by the executive
					 director with the advice and consent of the chairperson(s) of the enforcement
					 committee; or
(b) by the
					 enforcement committee or the agency.
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 581 - Enforcement › Subpart 581-3 - Permit Modifications, Suspensions and Revocations › Section 581-3.1 - Grounds for permit modification, suspension, revocation

Current through Register Vol. 46, No. 28, July 10, 2024
The agency may propose to modify, suspend or revoke an
						agency permit on any of the grounds set forth below:
(a) the filing of materially false or
					 inaccurate statements in the permit application or supporting papers or false
					 or misleading testimony in any agency hearing on the application;
(b) activities exceeding the scope of the
					 project or varying the project as described in the permit; or
(c) noncompliance with the terms and
					 conditions of an agency permit or order, or noncompliance with any provision of
					 the Act, ECL, or agency regulations, related to the permitted
					 activity.