New York Laws
Article 12-B - County Planning Boards and Regional Planning Councils
239-E - County Official Map.

(a) Notice, hearing. A public hearing shall be held on any proposed
adoption of, or amendment to, the official county map. Notice of such
hearing shall be published at least ten days prior to such hearing in a
newspaper of general circulation in the county. Written notice shall be
given to the appropriate state or federal agency for the development
facilities affected.
(b) Referral to county planning board. Prior to adopting or amending a
county official map, the county legislative body shall refer such
proposed change to the county planning board, if any, and the county
superintendent of highways or commissioner of public works for report
thereon within thirty days of such reference.
(c) Referral to municipalities. The county legislative body shall
refer such proposed amendment to the legislative body and planning board
of each municipality within the county, which may report thereon to the
county legislative body and to the county planning board. If the
municipal legislative body disapproves by resolution such proposed
amendment, the county legislative body may not so amend the official map
except by a two-thirds vote of said body. In counties where the county
legislative body has adopted a county comprehensive plan, the county
legislative body may change the official map by a majority vote
notwithstanding such municipal disapproval so long as the change is in
accordance with the county comprehensive plan.
5. Effect. (a) The official county map shall be final and conclusive
with respect to the location, width and dimensions of all rights-of-way

and sites as shown thereon. The county official map shall be deemed to
be in addition to, or an amendment of, the official map of any
municipality. If a municipality does not have an official map, the
county official map as it affects such municipality shall be considered
to be the official map of such municipality, and all provisions of law
applying to municipal official maps shall be applicable in the case of
county official maps where they affect municipalities. The adoption of a
county official map shall in no way supersede or otherwise substitute
for highway maps or procedures adopted pursuant to the state highway
law. No permit shall be issued for any building in any right-of-way or
site, shown or laid out on a county official map, except in accord with
the appeal procedures herein.
(b) All county land acquisitions and public improvements shall be in
accordance with the county map and any comprehensive plan adopted or
amended pursuant to this article.
6. Filing. Certified copies of such county official map and all
amendments thereto shall be sent to each municipality, the secretary of
state, and appropriate state and federal agencies affected, within ten
days of the date of adoption.
7. Appeals. If the land within a right-of-way or site shown or laid
out on the county official map is not yielding a fair return on its
value to the owner, the owner may appeal to the zoning board of appeals,
if any, or other board established by the municipality in which the land
is situated to issue variances or make exceptions in zoning regulations.
(a) Notice, hearing. Notice of a public hearing on such appeal shall
be published in a newspaper of general circulation in the municipality
at least ten days prior to such hearing. Notice of such hearing shall
also be given at least ten days in advance by a registered letter to the
superintendent of highways or commissioner of public works, to the clerk
of the county legislative body, and to the county planning board and
those state and federal agencies affected.
(b) Conditions. The zoning board of appeals or other board authorized
by the municipal legislative body to issue building permits shall, by
the vote of two-thirds of its members in accordance with the provisions
of section two hundred thirty-nine-f of this article, have the power to
grant a permit for a building in such right-of-way or site which will as
little as practicable increase the cost of acquiring such right-of-way
or site or tend to cause a change of the county official map. Such board
may impose reasonable requirements as a condition of granting such
permit, which requirements shall inure to the benefit of the county and
of the municipality in which such building is located.
(c) Court review. Any person or persons, jointly or severally
aggrieved by any decision of the board of appeals or other board
authorized by the municipal legislative body to issue building permits
may apply to the supreme court for review by a proceeding under article
seventy-eight of the civil practice law and rules. Such appeal shall be
taken in the same manner and pursuant to the same provisions as appeals
from the decisions of such zoning board of appeals or other authorized
board.