New York Laws
Article 27 - Adirondack Park Agency
808 - Administration and Enforcement of Approved Local Land Use Programs.

§ 808. Administration and enforcement of approved local land use
programs. 1. Local land use programs that have been approved by the
agency and validly enacted or adopted shall be administered and enforced
as provided for in such approved programs.

2. Upon receipt of an application to undertake any class B regional
project that is permissible under an approved local land use program,
the local government body or officer having jurisdiction thereof shall
give written notice thereof to the agency, together with such pertinent
information as the agency may deem necessary. The agency shall have
standing to participate as a party in the local review of such project,
including any public hearing thereon, and to have the issuance of a
permit therefor by such body or officer reviewed under article
seventy-eight of the civil practice law and rules and to bring
proceedings in any court of competent jurisdiction to have any
undertaking pursuant to such permit restrained, enjoined, corrected or
abated.

3. Upon receipt of an application for a variance from any provision of
an approved local land use program involving land in any land use area
other than a hamlet, including any shoreline restriction, the local
government body or officer having jurisdiction thereof shall give
written notice thereof to the agency together with such pertinent
information as the agency may deem necessary. If such variance is
granted, it shall not take effect for thirty days after the granting
thereof. If, within such thirty day period, the agency determines that
such variance involves the provisions of the land use and development
plan as approved in the local land use program including any shoreline
restriction and was not based upon the appropriate statutory basis of
practical difficulties or unnecessary hardships, the agency may reverse
the local determination to permit the variance. If the agency so acts,
the appropriate local government officer or body, as well as any other
person aggrieved by such action, shall have standing to have such action
reviewed under article seventy-eight of the civil practice law and
rules.

4. The agency, after consultation with the Adirondack park local
government review board, shall have standing to institute a proceeding
in any court of competent jurisdiction to revoke its approval of a local
land use program and reassert its review jurisdiction over class B
regional projects under section eight hundred nine whenever the agency
determines by a two-thirds affirmative vote of its members that the
local government body or officer having jurisdiction has repeatedly or
frequently failed or refused, after due notice and requests from the
agency, and with such body or officer having had full opportunity to be
heard on all issues involved, to administer or enforce the approved
local land use program to adequately carry out the policies, purposes
and objectives of the approved program or of the land use and
development plan. Not earlier than one year after any such successful
reassertion by the agency, or such earlier time as may be mutually
agreed to, the legislative body of the local government involved may
submit its local land use program, or any amended version thereof, or a
newly proposed program to the agency for approval as provided for in
section eight hundred seven for the initial approval of a local land use
program.

5. The agency shall be a party who shall be joined, pursuant to the
terms of subdivision a of section one thousand one of the civil practice
law and rules, in any action initiated by or against a local government,
or an instrumentality, agent or employee thereof, in which the issues to
be adjudicated relate or pertain to the criteria for approval of a local
land use program set forth in subdivision two of section eight hundred

seven of this article. In any other action initiated by or against a
local government, or an instrumentality, agent or employee thereof,
joinder of the agency shall be governed by the terms of section one
thousand two of the civil practice law and rules.

6. In any action where the agency is a party pursuant to the first
sentence of subdivision five of this section, the attorney general
shall, at the request of the local government and without cost to local
government, also represent the local government as to those issues which
are common to both the agency and the local government, and as to which
both seek the same or substantially similar determination.