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 581 - Enforcement › Subpart 581-3 - Permit Modifications, Suspensions and Revocations › Section 581-3.2 - Commencement of proceedings to modify, suspend, or revoke an agency permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive
					 director, on his own initiative or at the direction of the enforcement
					 committee or the agency, may commence proceedings to modify, suspend or revoke
					 an agency permit pursuant to this Subpart.
(b) To commence such proceedings, the
					 executive director shall serve a notice of intent to modify, suspend or revoke
					 an agency permit on the permit holder reciting the grounds for the agency's
					 action, and identifying the material facts, documentary evidence, the
					 provisions of law upon which the notice is based, and the requested agency
					 actions. The notice may identify alternative actions to be considered and
					 decided by the agency. The notice shall include:
(1) the date and place the agency will
					 consider the matter;
(2) a
					 statement that any written response to the notice of intent shall be signed by
					 the permit holder or his attorney and served upon the executive director within
					 30 days of the date of the notice;
(3) a statement offering the permit holder an
					 opportunity for a hearing in accordance with the hearing procedures set forth
					 under Subpart 581-4 of this Part; and
(4) a statement that the permit holder may
					 appear at the hearing 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 permit holder may authorize
					 a person other than an attorney to speak on his behalf so long as the permit
					 holder appears in person at the hearing.
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 581-3.3 - Permit holder response to notice of intent

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days of the date of the notice of intent, the
						permit holder may serve a written response upon the executive director signed
						by the permit holder or his attorney giving reasons why the permit should not
						be modified, suspended or revoked, including the material facts, documentary
						evidence, and the provisions of law upon which such statement is based, and if
						desired, requesting a hearing. If the permit holder fails to respond to the
						notice of intent within such 30-day period, the agency may accept as correct
						the allegations of fact and law set forth in the notice of
						intent.
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 581-3.4 - Agency action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
					 permit holder requests a hearing, the executive director shall appoint a
					 hearing officer and a hearing shall be held and an agency determination shall
					 be made in accordance with the hearing procedures set forth under Subpart 581-4
					 of this Part.
(b) If the permit
					 holder does not request a hearing, the enforcement committee shall consider the
					 notice of intent and any written response from the permit holder and shall make
					 a recommendation to the agency for consideration.
(c) In reaching its determination, the agency
					 shall either:
(1) rescind the notice of
					 intent; or
(2) issue a final
					 determination and order.
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 581-3.5 - Service of paper

Current through Register Vol. 46, No. 28, July 10, 2024
Service of the notice of intent and the agency's
						determination upon the permit holder shall be by certified mail or other means
						designed to provide actual notice. Service of any other papers connected with a
						proposal to modify, suspend or revoke a permit under this Subpart may be by
						ordinary mail or hand-delivery.
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 581-4 - Adjudicatory Hearings › Section 581-4.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart is applicable to agency hearings arising out
						of the following circumstances:
(a)
					 all administrative enforcement hearings brought to enforce the Freshwater
					 Wetlands Act; and
(b) all hearings
					 pursuant to Subpart 581-3 of this Part where the agency has initiated
					 proceedings to modify, suspend, or revoke an agency permit. The notice of
					 intent and permit holder response provided by sections 581-3.2 and
					 581-3.3 of this Part shall satisfy
					 the requirements of sections 581-4.3 and
					 581-4.4 of this Subpart in such
					 hearings.
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 581-4 - Adjudicatory Hearings › Section 581-4.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Subpart, unless otherwise expressly
						stated, the following terms will have the meanings indicated in this
						section:
(a) Discovery means
					 disclosure of facts, titles, documents, or other materials which are within the
					 knowledge or possession of a party and which are necessary to the person
					 requesting the discovery as a part of the requester's case.
(b) Evidence means the sworn testimony of a
					 witness, physical objects, documents, records or photographs representative of
					 facts which have been admitted into the record by a hearing officer.
(c) Motion means a request for a
					 ruling.
(d) Party means the
					 executive director, the respondent(s), permit holder(s) and any other person
					 granted intervenor status.
(e)
					 Relevant means tending to support or refute the existence of any fact that is
					 of consequence or material to the agency's determination.
(f) Stipulation means an agreement between
					 two or more parties to a hearing, and entered into the hearing record,
					 concerning one or more issues of fact or law which are the subject of the
					 hearing.
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 581-4 - Adjudicatory Hearings › Section 581-4.3 - Commencement of an administrative enforcement hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive director may commence an
					 administrative enforcement hearing to enforce the FWA by service upon the
					 respondent of a notice of hearing and a complaint. The notice of hearing shall
					 include the following:
(1) a statement that a
					 hearing date will be set by the hearing officer;
(2) a statement that any answer shall be
					 signed by the respondent or his attorney, and that any affirmative defenses,
					 including exemptions to permit requirements, will be waived unless raised in
					 the answer; and that the failure to answer or to appear at the hearing will
					 result in a default and a waiver of respondent's right to a hearing;
					 and
(3) a statement that the
					 respondent may appear at the hearing 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 should state that a respondent
					 may authorize a person other than an attorney to speak on his behalf so long as
					 the respondent appears in person at the hearing.
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 581-4 - Adjudicatory Hearings › Section 581-4.4 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 days
					 of the date of the notice of hearing and complaint, the respondent shall serve
					 upon the executive director an answer signed by the respondent or his
					 attorney.
(b) The respondent's
					 answer shall specify which allegations he admits, which allegations he denies,
					 and which allegations he has insufficient information upon which to form an
					 opinion regarding the allegation, and must also explicitly assert any
					 affirmative defenses together with a statement of the facts which constitute
					 the grounds of each affirmative defense asserted. Whenever the complaint
					 alleges that the respondent conducted an activity without a required permit, a
					 defense based upon the inapplicability of the permit requirement to the
					 activity shall constitute an affirmative defense. Affirmative defenses not pled
					 in the answer may not be raised in the hearing unless allowed by the hearing
					 officer. The hearing officer shall only allow such defense upon the filing of a
					 satisfactory explanation as to why the defense was not pled in the answer and a
					 showing that such affirmative defense is likely to be meritorious.
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 581-4 - Adjudicatory Hearings › Section 581-4.5 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Parties to the
					 hearing shall include the executive director and the respondent(s) and/or
					 permit holder(s).
(b) At any time
					 after the institution of a proceeding and prior to close of the hearing, the
					 hearing officer may permit a person to intervene as a party where it is
					 demonstrated that there is a reasonable likelihood that the petitioner's
					 private rights would be substantially affected by the result sought by the
					 executive director or within the authority of the agency to determine and that
					 those rights cannot be adequately represented by the executive director, the
					 respondent and/or permit holder, or any other party to the proceeding. In
					 addition, the hearing officer may permit a person to intervene as a party with
					 amicus status upon a finding that the petitioner has identified a legal or
					 policy issue that should be addressed in the hearing and in the final
					 determination of the agency and that the petitioner has a sufficient interest
					 in such issue and through expertise, special knowledge or unique perspective
					 may contribute materially to the record on such issue.
(c) A party has the right to participate at
					 the hearing in person or through an attorney licensed in the State of New York
					 to present relevant evidence, to cross-examine witnesses, to present argument
					 on issues of law and fact, and to exercise any other right conferred on the
					 parties by this Subpart or SAPA. A party with amicus status has the right to
					 file a brief at the conclusion of the hearing.
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 581-4 - Adjudicatory Hearings › Section 581-4.6 - Service of paper

Current through Register Vol. 46, No. 28, July 10, 2024
Service of the notice of hearing and complaint and the
						agency's determination upon the respondent shall be by certified mail or other
						means designed to provide actual notice. Service of any other papers connected
						with hearings under this Subpart may be by ordinary mail or
						hand-delivery.
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 581-4 - Adjudicatory Hearings › Section 581-4.7 - Appointment of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
					 the request of any party, the executive director shall appoint a hearing
					 officer to preside over a hearing brought pursuant to this Subpart.
(b) The appointment of a hearing officer
					 shall be in writing and served on the parties to the hearing. The appointment
					 letter shall specify:
(1) whether a hearing
					 report is requested by the agency; and
(2) the means by which testimony at the
					 hearing shall be recorded verbatim.
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 581-4 - Adjudicatory Hearings › Section 581-4.8 - Powers of the hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer shall conduct the hearing in a fair
						and impartial manner. The hearing officer shall have the power to take the
						following actions:
(a) rule upon
					 procedural motions and requests;
(b) set the time and the place of the hearing
					 and any recesses and adjournments;
(c) administer oaths and
					 affirmations;
(d) regulate
					 discovery as reasonable and necessary to promote full disclosure and
					 administrative efficiency;
(e)
					 issue subpoenas requiring the attendance and testimony of witnesses and the
					 production of records and other evidence upon request of a party not
					 represented by counsel admitted to practice in New York State;
(f) upon the request of a party, quash and
					 modify subpoenas except that in the case of a non-party witness the hearing
					 officer my quash or modify a subpoena regardless of whether or not a party has
					 so requested;
(g) summon and
					 examine witnesses;
(h) admit or
					 exclude evidence;
(i) take official
					 notice of all facts of which judicial notice could be taken and of facts within
					 the specialized knowledge of the agency;
(j) hear oral argument on facts and law so
					 long as it is recorded;
(k) direct
					 the convening of any conference required for administrative
					 efficiency;
(l) preclude irrelevant
					 or unduly repetitious, tangential or speculative testimony or
					 argument;
(m) limit the length of
					 cross-examination, length of briefs and similar matters;
(n) do all acts and take all measures
					 necessary for the maintenance of order and efficient conduct of the
					 hearing;
(o) act as custodian of
					 hearing exhibits until such time as the hearing record is forwarded to the
					 agency;
(p) prepare a hearing
					 report if requested; and
(q)
					 exercise any other authority available to presiding officers under article 3 of
					 SAPA.
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 581-4 - Adjudicatory Hearings › Section 581-4.9 - Motions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Motions made at
					 any time shall be part of the hearing record. Every motion must clearly state
					 the requested relief and the facts upon which it is based and may present legal
					 argument in support of the motion.
(b) Prior to, and after the hearing but prior
					 to the close of the hearing record, any motions shall be submitted in writing
					 to the hearing officer.
(c) During
					 the hearing, motions may be made orally, except where otherwise directed by the
					 hearing officer. All parties may respond orally to such motions, except where
					 otherwise directed by the hearing officer.
(d) The hearing officer shall rule promptly
					 on any motion and must rule on all pending motions prior to the close of the
					 hearing record. Any motions not ruled upon at that time will be deemed
					 denied.
(e) Any motions made after
					 the close of the hearing record shall be in writing and submitted to the
					 agency's chairman for a ruling by the agency.
(1) Any such motion shall be served on all
					 parties no more than 10 days after the close of the hearing record.
(2) The agency shall rule on any such motion
					 prior to making its determination with regard to the hearing.
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 581-4 - Adjudicatory Hearings › Section 581-4.10 - Discovery

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
					 full and complete discovery within the guidelines of this section.
(b) A party, upon receipt of notice to
					 produce documents and materials from any other party, shall furnish all such
					 requested items relevant to the proceeding within 10 days of the date of such
					 notice, or within such other period as a hearing officer shall
					 direct.
(c) Depositions and written
					 interrogatories will only be allowed with permission of the hearing officer
					 upon a finding that they are likely to expedite the proceeding. Bills of
					 particulars are not permitted.
(d)
					 A party who is served with a notice to produce documents and materials may move
					 for a ruling from the hearing officer denying or modifying such notice within
					 10 days of the date of the notice and shall specify his objections thereto.
					 Such ruling may also be made by the hearing officer on his own initiative. Any
					 such ruling shall be designed to avoid unnecessary delay of the hearing or to
					 prevent unreasonable annoyance, expense, embarrassment, or prejudice to any
					 party.
(e) If a party fails to
					 comply with a discovery demand without having made a timely objection, the
					 proponent of the discovery demand may apply to the hearing officer to compel
					 disclosure. If a party fails to comply with the ruling of a hearing officer
					 compelling discovery, the agency may accept as correct the allegations of fact
					 made by the opposing party as to which the undisclosed material would be
					 relevant as evidence.
(f) Subpoenas
					 may be issued consistent with article 23 of the Civil Practice Law and Rules as
					 follows:
(1) any attorney of record in a
					 hearing has power to issue subpoenas as provided by that article;
(2) a party not represented by an attorney
					 admitted to practice in New York may request the hearing officer to issue a
					 subpoena, stating the items or witnesses needed by the party to present its
					 case;
(3) service of a subpoena is
					 the responsibility of its sponsor; and
(4) all subpoenas shall give notice that the
					 hearing officer may quash or modify the subpoena pursuant to the standards set
					 forth under that article.
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 581-4 - Adjudicatory Hearings › Section 581-4.11 - Evidence

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The rules of
					 evidence shall not be strictly applied; provided, however, the hearing officer
					 will exclude irrelevant, immaterial or unduly repetitious evidence and must
					 give effect to the rules of privilege or confidentiality recognized by
					 law.
(b) All parties shall have a
					 fair opportunity to present their evidence, to cross-examine witnesses, and to
					 make opening and closing statements.
(c) Each witness shall, before testifying, be
					 sworn or make affirmation. Pre- filed written testimony may be presented by any
					 party with permission of and subject to the discretion of the hearing officer
					 or may be required upon motion of any party by written directive of the hearing
					 officer. Such permission shall be freely granted in the interest of expediting
					 the proceeding. Pre-filed testimony shall be sworn to by the witness and
					 subject to cross-examination.
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 581-4 - Adjudicatory Hearings › Section 581-4.12 - Rrule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided below, a hearing officer must not communicate, directly or through a
					 representative, with any person in connection with any issue that relates in
					 any way to the merits of the hearing without providing notice and an
					 opportunity for all parties to participate.
(b) A hearing officer may consult on
					 questions of law or procedure with any agency staff provided such staff have
					 not been engaged in investigative or prosecutorial functions in connection with
					 the adjudicatory hearing under consideration or a factually related
					 adjudicatory hearing.
(c) A hearing
					 officer may communicate with any person on ministerial matters, such a
					 scheduling or the location of a hearing.
(d) Parties and their attorneys must not
					 communicate with the hearing officer or the agency, or any person advising or
					 consulting or eligible to advise or consult with the hearing officer or agency,
					 in connection with any issue without providing proper notice to all other
					 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 581 - Enforcement › Subpart 581-4 - Adjudicatory Hearings › Section 581-4.13 - Stipulations and administrative resolution of violations during hearing process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At any time
					 prior to the close of the hearing record, the parties may enter into a
					 stipulation to resolve an issue of fact or law pending in a hearing brought
					 under this Subpart.
(b) At any time
					 prior to the submission of the hearing record to the agency pursuant to section
					 581-4.14(h) of
					 this Subpart, the executive director may resolve a violation by agreement with
					 the respondent on specified terms and conditions.
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 581-4 - Adjudicatory Hearings › Section 581-4.14 - Conduct of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 hearing officer shall set the time, date and place of a hearing brought
					 pursuant to this Subpart at the request of the executive director.
(b) The hearing officer shall notify the
					 parties in writing of the time and place for the hearing.
(c) After a date has been set for the
					 hearing, adjournments may be arranged by agreement of the parties or will
					 otherwise be granted only for good cause and with the permission of the hearing
					 officer. Except for adjournments by agreement, a request for an adjournment
					 prior to commencement of the hearing must be in writing and filed with the
					 hearing officer and all parties. Adjournments must specify the time, day and
					 place when the hearing will resume or specify the time and day on which the
					 parties will advise the hearing officer of the status of the case.
(d) The hearing officer will determine the
					 sequence in which the issues will be tried and otherwise regulate the conduct
					 of the hearing in order to achieve an efficient and fair disposition of the
					 matters at issue.
(e) If requested
					 by the parties or the hearing officer at the concluding session of the hearing,
					 the parties shall have the opportunity to submit briefs on a schedule set by
					 the hearing officer.
(f) At the
					 concluding session of the hearing, the hearing officer shall set a date for the
					 closure of the hearing record.
(g)
					 At any time before the close of the hearing record, the hearing officer may
					 reopen the record and/or the hearing to consider significant new
					 evidence.
(h) The hearing officer
					 shall submit the hearing record to the agency within 15 days of the close of
					 the hearing record, unless a hearing report is requested, in which case the
					 hearing officer shall submit the hearing record to the agency within 45 days of
					 the close of the record.
(i) After
					 the close of the hearing record but prior to the issuance of any final
					 determination, the agency may direct the reopening of the record and/or the
					 hearing to consider significant new evidence upon a showing that the new
					 evidence could affect the agency's determination and that there is a
					 justifiable excuse why the evidence was not produced prior to the close of the
					 hearing 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 581 - Enforcement › Subpart 581-4 - Adjudicatory Hearings › Section 581-4.15 - Record of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The hearing
					 record shall include the following, as applicable: the notice of hearing and
					 complaint; notice of intent and response; any other pleadings; the appointment
					 letter; motions and requests filed, and rulings thereon; the transcript of
					 testimony taken at the hearing; pre-filed testimony; exhibits admitted into
					 evidence; any stipulations between parties; a statement of matters officially
					 noticed except matters so obvious that a statement of them would serve no
					 useful purpose; and briefs.
(b) The
					 hearing record shall also include a hearing report, if requested by the agency.
					 Unless otherwise specified, the hearing report shall include proposed findings
					 of fact, conclusions of law and recommendations on all issues to be decided by
					 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 581-4 - Adjudicatory Hearings › Section 581-4.16 - Final agency determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon the Agency's receipt of a hearing record pursuant to section
					 581-4.14(h) of
					 this Subpart, the enforcement committee shall review the record and make a
					 recommendation to the agency for consideration.
(b) In reaching its determination, the agency
					 shall review the record and committee recommendations and make a final
					 determination. The agency's final determination will be embodied in an order
					 which contains findings of fact and conclusions of law and may provide for:
(1) a finding of liability or dismissal of
					 the charges;
(2) an assessment of
					 penalties or other sanctions consistent with the applicable provisions of the
					 Act or the ECL;
(3) injunctive
					 relief including abatement or restoration activities, and provision for
					 financial security to assure completion of such activities;
(4) modification, suspension or revocation of
					 an agency permit;
(5) a combination
					 of any or all of the foregoing; and
(6) any determination deemed appropriate
					 under the circumstances and consistent with applicable provisions of the Act,
					 the ECL and/or the rules and regulations of the agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.1 - Local land use programs under the adirondack park agency act

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agency approval and local enactment of a
				  local land use program (1) transfers to local government agency review
				  jurisdiction over class B regional projects and variances from the shoreline
				  restrictions, and (2) requires the agency to apply certain of the standards and
				  requirements of the local land use program in its review of class A regional
				  projects.
(b) The agency has
				  prepared model local land use controls to meet the criteria of section 807(2)
				  of the Adirondack Park Agency Act and section
				  582.2 of this Part. Copies may be
				  obtained from the agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.2 - Criteria for approval of local land use programs

Current through Register Vol. 46, No. 28, July 10, 2024
A local land use program will comply with section 807(2) of
					 the Adirondack Park Agency Act if:
(a)
(1) It is based upon a current and
				  comprehensive inventory and analysis of the natural resources of the lands and
				  existing facilities within the local government; and
(2) it contains statutes and regulations
				  which guide land use and development throughout the local jurisdiction and
				  establish boundaries of local land use districts which reflect all natural and
				  man-made opportunities for and limitations to development.
The scope and intensity of the studies may differ from
					 community to community in light of community resources, previous planning work,
					 if any, and the data base essential for the review of class B regional
					 projects.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.3 - Criteria for approval of local land use programs relative to a geographic portion of a local government

Current through Register Vol. 46, No. 28, July 10, 2024
A local land use program submitted for approval relative to
					 a significant geographical portion of a local government pursuant to section
					 807(4) of the Adirondack Park Agency Act shall be approved if the criteria of
					 section 582.2 of this Part are met with
					 respect to such portion. The transfer of jurisdiction referred to in section
					 582.1 of this Part shall occur only
					 in those portions subject to such controls.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.4 - Criteria for approval of components of local land use programs

Current through Register Vol. 46, No. 28, July 10, 2024
A component of a local land use program submitted pursuant
					 to section 807(3) of the Adirondack Park Agency Act shall satisfy the criteria
					 of the following subdivisions of section
					 582.2 of this Part:
(a) if a zoning ordinance or law,
				  subdivisions (b) and (d);
(b) if
				  subdivision regulations, subdivisions (b) and (c);
(c) if a sanitary code, subdivisions (b) and
				  (e);
(d) if any other component,
				  the applicable criteria.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.5 - Amendments to approved local land use programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following classes of amendments to
				  approved local land use programs, including local land use programs relative to
				  a geographic portion of a local government, shall be subject to agency review
				  pursuant to section 807 of the Adirondack Park Agency Act prior to enactment by
				  the local government:
(1) creation of a new
				  land use district or amendments to existing boundary lines of such districts
				  outside hamlet areas on the official map;
(2) additions to the permitted use lists
				  outside hamlet areas which would allow in any land use area on the official map
				  a use not a primary or secondary compatible use for that area;
(3) amendments to the shoreline restrictions
				  which would fall below the minimums established in section 806 of the
				  Adirondack Park Agency Act;
(4)
				  amendments to the substantive or procedural provisions relating to review of
				  class B regional projects;
(5)
				  amendments to provisions relating to administration and enforcement of the land
				  use program;
(6) amendments to sign
				  or automobile junkyard regulations;
(7) amendments to the sanitary code or
				  sanitary control provisions;
(8)
				  amendments to the subdivision regulations;
(9) amendments to controls governing
				  intensity of development outside hamlet areas, such as minimum lot
				  areas;
(10) amendments which would
				  repeal any provisions referred to in paragraphs (1) through (9) of this
				  subdivision; and
(11) any other
				  amendments which involve the provisions of the land use and development
				  plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.6 - Agency review of variances from approved local land use programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				  variances from approved local land use programs shall be subject to agency
				  review, pursuant to section 808(3) of the Adirondack Park Agency Act, if
				  outside hamlet areas:
(1) variances from
				  local shoreline restrictions;
(2)
				  variances from the local controls governing intensity of development, such as
				  minimum lot areas;
(3) variances
				  from use restrictions which would allow a use other than those on the
				  classification of compatible use lists in the Adirondack Park Agency Act for
				  the official map land use area in which it would be located; and
(4) any other variances which involve the
				  provisions of the land use and development plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.7 - Notification to the agency of class b regional project applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A local
				  government with an approved land use program shall notify the agency of an
				  application to undertake a class B regional project within 15 days of receipt
				  or within the period provided in the land use program, or as may be otherwise
				  agreed between the agency and the local government.
(b) The agency may request additional
				  information, which shall be furnished within 10 days and in any case no later
				  than five days prior to any public hearing.
(c) Notice of any public hearing on a project
				  shall be furnished to the agency at least 10 days prior to the date of the
				  hearing.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.8 - Transfer to local governments of jurisdiction over certain freshwater wetlands

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  town or village which has, in a local land use program or otherwise, adopted
				  and implemented a local freshwater wetlands protection law or ordinance may
				  apply to the agency for approval of such law or ordinance and transfer to it of
				  agency jurisdiction over freshwater wetlands as described in this
				  section.
(b) The agency shall
				  approve a local wetlands protection law or ordinance which:
(1) meets the criteria of section 24-0803(2)
				  of the Freshwater Wetlands Act;
(2)
				  contains a classification of wetlands within the municipality according to the
				  values of particular types of wetlands. Agency staff may consult with and give
				  technical assistance to local governments preparing such
				  classifications.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter III - Local Land Use Planning › Part 582 - Local Land Use Programs › Section 582.9 - Submission of rivers system land management plans by local governments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Local
				  governments are encouraged to submit a rivers system land management plan
				  relative to river areas in their jurisdictions in accordance with section
				  577.9 of these
				  regulations.
(b) Upon agency
				  approval, a rivers system land management plan shall apply in lieu of agency
				  jurisdiction over the river area involved pursuant to Part 577 of these
				  regulations.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter IV - Regional Planning › Part 583 - Amendments to the Adirondack Park Land Use and Development Plan Map › Section 583.1 - Contents of amendment requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Requests for amendments to the official Adirondack Park Land Use and
				  Development Plan Map shall be accompanied by maps of a sufficient scale to
				  allow the agency to identify the boundaries of the requested
				  amendment.
(b) Requests by
				  landowners shall, in addition, include a copy of the instrument of title to the
				  land involved.
(c) Requests by a
				  town or village shall include a certified copy of a resolution of the town or
				  village board requesting the amendment.
(d) All requests shall include the names and
				  addresses of adjoining landowners, to the extent discernible from the latest
				  completed tax assessment roll.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter IV - Regional Planning › Part 583 - Amendments to the Adirondack Park Land Use and Development Plan Map › Section 583.2 - Criteria employed

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				  considering map amendment requests, the agency will refer to the land use area
				  classification determinants set out as Appendix Q-8 of these regulations and
				  augmented by field inspection.
(b)
				  The agency will not consider as relevant to its determination any private land
				  development proposals or any enacted or proposed local land use
				  controls.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter IV - Regional Planning › Part 583 - Amendments to the Adirondack Park Land Use and Development Plan Map › Section 583.3 - Nature of technical amendments

Current through Register Vol. 46, No. 28, July 10, 2024
Amendments made to clarify boundaries, correct errors or
					 effect technical changes pursuant to section 805(2)(c)(4) of the Adirondack
					 Park Agency Act shall be limited to amendments for which no administrative
					 discretion is called for, such as printing errors, illegibility of boundary
					 lines, or the erroneous classification of State lands as private and vice
					 versa.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter IV - Regional Planning › Part 583 - Amendments to the Adirondack Park Land Use and Development Plan Map › Section 583.4 - Notification required; time for agency action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of a request to amend the
				  plan map or upon determining to amend the map on its own initiative, the agency
				  will provide notice of receipt of the request, or notice of the determination,
				  and a brief description of the amendment requested or contemplated to the
				  Adirondack Park local government review board, the chairman of the county
				  planning board, if any, the chairman of the appropriate regional planning
				  board, and to the chief elected officer, clerk and planning board chairman, if
				  any, of the local government wherein the land is located, and invite their
				  comments.
(b) The agency will act
				  within 120 days of receipt of a request; however, if it determines to hold a
				  public hearing on the request, it shall schedule the hearing within 90 days of
				  receipt of the request and shall act within 60 days of the close of the
				  hearing. If a request is received when snow cover or ground conditions prevent
				  field investigation, or in the case of a request or series of related requests
				  exceeding 500 acres, the time periods shall be extended an additional 90 days
				  or until adequate field inspection is possible, whichever is sooner. Any time
				  period may be waived or extended by written request of the applicant or the
				  agency on consent of the other; provided, however, that the agency shall not
				  act until Part 586 of these regulations has been complied with.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter IV - Regional Planning › Part 583 - Amendments to the Adirondack Park Land Use and Development Plan Map › Section 583.5 - Hearings on map amendment requests

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Notice of hearings on map amendment requests shall be given not less than 15
				  days prior to the hearing by:
(1) publication
				  of a copy of the notice at least once in a newspaper of general circulation in
				  the area;
(2) conspicuous posting
				  on the land involved of a notice stating the time, place and statutory
				  authority pursuant to which the hearing is held;
(3) sending a copy of the notice by certified
				  mail to each owner of the land involved, to the extent discernible from the
				  latest completed tax assessment roll;
(4) sending a copy of the notice by mail to:
(i) the chairman of the planning board, if
				  any, and the clerk of each town and/or village wherein the land is
				  located;
(ii) The chairman of the
				  county planning agency, if any, and the clerk of each county wherein the land
				  is located;
(iii) the chairman of
				  the regional planning* agency, if any, within whose jurisdiction the land is
				  located;
(iv) the Adirondack Park
				  local government review board;
(v)
				  the clerk of each town and/or village within 500 feet of the land involved;
				  and
(vi) owners of adjoining land,
				  owners of land separated from the land in question by a public or private road,
				  railroad, utility right-of-way, river or stream, and, in the case of
				  applications involving shoreline or islands, owners of nearby islands or
				  mainland, to the extent discernible from the latest completed tax assessment
				  roll.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter IV - Regional Planning › Part 583 - Amendments to the Adirondack Park Land Use and Development Plan Map › Section 583.6 - Initial review of map amendment requests by regional planning committee

Current through Register Vol. 46, No. 28, July 10, 2024
A map amendment request before the agency for formal action
					 shall be referred initially to the regional planning committee, consisting of
					 at least three agency members appointed by the chairman, which shall have
					 authority to review such requests initially pursuant to the same procedures as
					 set forth for projects in section
					 572.12(b) of these
					 regulations. Eight affirmative votes shall be required for the agency to grant
					 any map amendment whenever a two-thirds vote is statutorily
					 required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter IV - Regional Planning › Part 584 - Amendments To The Classification Of Compatible Uses Lists › Section 584.1 - Procedures for amendments to the classification of compatible uses lists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency may,
				  on its own initiative and upon an affirmative vote of two thirds of its
				  members, amend the classification of compatible uses lists of the Adirondack
				  Park land use and development plan to make additions thereto.
(b) Prior to making amendments, the agency
				  shall consult with the Adirondack Park local government review board and shall
				  hold a public hearing thereon within the Adirondack Park.
(c) Not less than 15 days notice of the
				  public hearings shall be given by publication at least once in a newspaper of
				  general circulation in each county wholly or partially within the park and in
				  at least three metropolitan areas of the State, and by individual notice by
				  mail to the persons specified in section 805(3)(b) of the Adirondack Park
				  Agency Act.
(d) The agency shall
				  file a certified copy of its resolution adopting the amendment, within 20 days
				  after adoption with the Adirondack Park local government review board, the
				  Secretary of State, the clerks of each county and local government wholly or
				  partially within the Adirondack Park and the Legislature. Amendments shall take
				  effect upon the conclusion of such 20-day period.
(e) The agency may, after consultation with
				  the Adirondack Park local government review board, and upon an affirmative vote
				  of a majority of its members, recommend subtractions from the compatible uses
				  lists of the plan to the Governor and the Legislature. Prior to the time that
				  the recommendation is made, the agency shall hold a public hearing within the
				  Adirondack Park. Notice of the hearing shall be given by the agency in
				  accordance with subdivision (c) of this section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter VI - Relation of Agency Activities to Other Laws › Part 586 - Implementation of State Environmental Quality Review Act › Section 586.1 - Purpose of this part

Current through Register Vol. 46, No. 28, July 10, 2024
This Part implements the State Environmental Quality Review
					 Act (SEQR) and establishes criteria for determining whether actions under
					 consideration by the agency will have a significant effect on the
					 environment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Q - Adirondack Park Agency › Chapter VI - Relation of Agency Activities to Other Laws › Part 586 - Implementation of State Environmental Quality Review Act › Section 586.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The definitions contained in section 8-0105 of SEQR and 6
					 NYCRR 617.2 apply to this Part. The definitions in section
					 570.3 of these regulations also
					 apply, except when in direct conflict with the definitions governing this
					 Part.