(b) The commissioner shall reinstate approval of the city, town or
village ordinance or local law when the commissioner is satisfied that
the city, town or village will carry out the purposes and policies of
this article, at which time administration and enforcement by the county
pursuant to this subdivision shall cease, and the city, town or village
shall administer and enforce such ordinance or local law.
8. The commissioner shall revoke his approval of a county erosion
hazard area local law, or shall revoke his designation pursuant to
subdivision six of this section of a county to administer and enforce a
city, town or village ordinance or local law, if he determines, after
notice and hearing relative thereto, that the affected county has failed
to administer or enforce such ordinance or local law to adequately carry
out the purposes and policies of this article. In the event of such
revocation, the provisions of subdivision three of section 34-0107 of
this article shall apply.
9. Where an application is made for any permit, variance or other form
of approval required pursuant to any local law enacted and approved by
the commissioner pursuant to this section, for any activity or
development within a designated erosion hazard area, the county to which
such application is made shall ascertain what, if any, other permit,
variance or hearing procedures or applications are required with regard
to such activity or development by any governing body of the state or
its subdivisions pursuant to any federal, state or local law or
ordinance. Such county, at the request of the applicant, shall
consolidate and coordinate said application, permit, variance and
hearing procedures, as required by each such governing authority, into a
single, comprehensive hearing and review procedure with regard to such
activity or development. However, nothing contained in this section
shall be deemed to limit or restrict the state, its subdivisions, or any
other governing authorities, which are properly a party to such
consolidated review proceeding, from the independent exercise of such
discretionary authority with respect to the issuance, denial or
modification of such permits, variances or other forms of approval as
they may have been granted by law.
Structure New York Laws
ENV - Environmental Conservation
Article 34 - Coastal Erosion Hazard Areas
34-0101 - Statement of Findings.
34-0102 - Declaration of Policy.
34-0104 - Identification of Coastal Erosion Hazard Areas.
34-0105 - Local Regulation of Coastal Erosion Hazard Areas.
34-0106 - County Regulation of Coastal Erosion Hazard Areas.
34-0107 - Department Regulation of Coastal Erosion Hazard Areas.
34-0108 - Rules and Regulations.
34-0109 - Administration; Applications for Permits.