New York Laws
Article 27 - Adirondack Park Agency
809 - Agency Administration and Enforcement of the Land Use and Development Plan.

(1) In the case of a request which does not involve a material change
in permit conditions, the applicable law, environmental conditions or
technology since the date of issuance of the existing permit, the agency
shall on or before fifteen calendar days after the receipt of a request
mail a written determination to the permit holder of its decision on the
request. If the decision is to deny the request, the permit holder shall
be afforded an opportunity for hearing and notice of such decision shall
be given by the agency in the next available issue of the environmental
notice bulletin.
(2) In the case of a request which may involve a material change as
described in subparagraph one of this paragraph, the agency shall on or
before fifteen calendar days after the receipt of a request mail a
written determination to the permit holder that the request shall be
treated as an application for a new permit.
If pursuant to subparagraph one or two of this paragraph, the agency
fails to mail a written determination to the permit holder within such
fifteen calendar day period, the provisions of subdivision six of this
section shall apply.
9. The agency shall not approve any class A regional project proposed
to be located in a land use area governed by an approved local land use
program, or grant a permit therefor, unless it first determines that
such project meets all of the pertinent requirements and conditions of
such approved local land use program and that the project would not have
an undue adverse impact upon the natural, scenic, aesthetic, ecological,
wildlife, historic, recreational or open space resources of the park or

upon the ability of the public to provide supporting facilities and
services made necessary by the project, taking into account the
commercial, industrial, residential, recreational or other benefits that
might be derived from the project. In making this determination, as to
the impact of the project upon such resources of the park, the agency
shall consider those pertinent factors contained in the development
considerations and provided for in such approved local land use program.
The agency shall, in connection with its review of a project under this
subdivision, make provision in its rules and regulations adopted under
subdivision fourteen for the early involvement of the local government
wherein such project is proposed to be located in the review of such
project on an informal basis. Such local government shall have standing
as a party in any public hearing on such project held by the agency.
10. The agency shall not approve any project proposed to be located in
any land use area not governed by an approved local land use program, or
grant a permit therefor, unless it first determines that such project
meets the following criteria:
a. The project would be consistent with the land use and development
plan.
b. The project would be compatible with the character description and
purposes, policies and objectives of the land use area wherein it is
proposed to be located. If the project is on the classification of
compatible uses list for the land use area involved, there shall be a
presumption of compatibility with the character description, purposes,
policies and objectives of such land use area. If the project is a class
B regional project because, as provided in section eight hundred ten, it
is not listed as either a primary use or a secondary use on the
classification of compatible uses list for the land use area wherein it
is proposed to be located, there shall be a presumption that such
project would not be compatible with the character description,
purposes, policies and objectives of such land use area and the burden
shall be on the project sponsor to demonstrate such compatibility to the
satisfaction of the agency.
c. The project would be consistent with the overall intensity
guideline for the land use area involved. A landowner shall not be
allowed to construct, either directly or as a result of a proposed
subdivision, more principal buildings on the land included within the
project than the overall intensity guideline for the given land use area
in which the project is located. In determining the land area upon which
the intensity guideline is calculated and which is included within a
project, the landowner shall only include land under his ownership and
may include all adjacent land which he owns within that land use area
irrespective of such dividing lines as lot lines, roads, rights of way,
or streams and, in the absence of local land use programs governing the
intensity of land use and development, irrespective of local government
boundaries. Principal buildings in existence within the area included
within a project, as such area is defined by the landowner, shall be
counted in applying the intensity guidelines. As between two or more
separate landowners in a given land use area the principal buildings on
one landowner's property shall not be counted in applying the intensity
guidelines to another landowner's project, except that two or more
landowners whose lands are directly contiguous and located in the same
general tax district or special levy or assessment district may, when
acting, in concert in submitting a project, aggregate such lands for
purposes of applying the intensity guidelines to their lands thus
aggregated. The area upon which the intensity guideline is calculated
shall not include (a) bodies of water, such as lakes and ponds, (b) any
land in the same ownership that is directly related to any principal

building in existence on August first, nineteen hundred seventy-three,
which land is not included in the project, and (c), in the case of any
principal building constructed after August first, nineteen hundred
seventy-three, any land in the same or any other ownership that was
included within the area of any previous project in order to comply with
the overall intensity guideline.
d. The project would comply with the shoreline restrictions if
applicable. The agency may require a greater setback of any on-site
sewage drainage field or seepage pit than required under the shoreline
restrictions if it determines that soils or other pertinent conditions
require such greater setback to reasonably protect the water quality of
the water body involved.
e. The project would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or open space resources of the park or upon the ability of the public to
provide supporting facilities and services made necessary by the
project, taking into account the commercial, industrial, residential,
recreational or other benefits that might be derived from the project.
In making this determination, as to the impact of the project upon such
resources of the park, the agency shall consider those factors contained
in the development considerations of the plan which are pertinent to the
project under review.
11. Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the provisions of the plan
or the shoreline restrictions, the agency shall have authority in
connection with a project under its review to vary or modify, after
public hearing thereon, the application of any of such provisions or
restrictions relating to the use, construction or alteration of
buildings or structures, or the use of land, so that the spirit of the
provisions or restrictions shall be observed, public safety and welfare
secured and substantial justice done.
12. The agency may conduct such investigations, examinations tests and
site evaluations as it deems necessary to verify information contained
in an application for a development permit, and the project sponsor, or
owner of the land upon which the project is proposed, shall grant the
agency or its agents permission to enter upon his land for these
purposes.
13. The agency shall have authority to impose such requirements and
conditions with its granting of a permit as are allowable within the
proper exercise of the police power. The agency shall have specific
authority in connection with its project review jurisdiction: a. To
impose reasonable conditions and requirements, including the posting of
performance bonds in favor of the local government as obligee, to ensure
that any project for which a permit is granted will be adequately
supported by basic services and improvements made necessary by the
project. The cost of any such services or improvements may be imposed by
requiring that the project sponsor provide the service or improvement or
reserve land, or any interest therein, or contribute money in lieu
thereof to the local government wherein the project is proposed to be
located if such local government consents thereto. In the exercise of
the authority contained in this provision, the agency shall consult with
the affected municipalities and give due consideration to their views.
b. To impose reasonable conditions and requirements to ensure that a
project for which a permit is granted by the agency, when undertaken or
continued, will be completed in accordance with the terms and conditions
of the permit, and that the project sponsor furnish appropriate
guarantees of completion or otherwise demonstrate financial capacity to
complete the project or any material part thereof and furnish

appropriate guarantees or otherwise demonstrate that the project will be
managed and maintained once completed in accordance with the terms of
the permit.
c. To impose reasonable conditions and requirements to ensure that
upon approval of a project the applicable overall intensity guideline
for the land use area involved will be respected. Such requirement may
include the restriction of land against further development of principal
buildings, whether by deed restriction, restrictive covenant or other
similar appropriate means.
d. To allow, upon request of a project sponsor, projects to be
reviewed conceptually, and thereafter or simultaneously therewith to be
divided into and reviewed by sections, and to grant or deny permits for
such sections. Conceptual determinations may be made, and sectional
permits may be granted subject to the provision of those requirements
and conditions for improvements and services for, and for completion of
the total project as the agency deems reasonable and necessary.
Conceptual review shall focus upon the existing environmental setting
and the likely impacts which would result from the project, including
all proposed phases or segments thereof, but shall not result in a
binding approval or disapproval. The agency shall in rules and
regulations establish criteria, guidelines, and procedures for the
conceptual and sectional review of proposed projects. Except to the
extent, and only for such period of time as otherwise specifically
stated in the agency's decision upon an application for a sectional
permit, the granting of any sectional permit shall not constitute a
finding, or be binding upon the agency, with respect to any portion of
the total project not included in the section for which the permit is
granted.
e. To issue a general permit for any class of projects concerning
which the agency determines it may make the requisite statutory findings
on a general basis.
14. The agency may, after public hearing, adopt, and have authority to
amend or repeal, rules and regulations, consistent with the provisions
of this section, to govern its project review procedures and to provide
further guidance to potential project sponsors through further
definition of the development considerations as they would apply to
specific classes of projects in specific physical and biological
conditions. Such rules and regulations may include but not be limited
to:
a. Procedures prior to formal application to the agency for a permit
for the informal discussion of preliminary plans for a proposed project
and for preliminary approval or recommendations in regard to the
project. Such informal discussion shall be optional with the project
sponsor and no such preliminary approval or recommendations shall
relieve the sponsor from complying with the provisions governing
submission of a project for review and obtaining a permit therefor as
provided in this section.
b. Procedures for cooperation and joint action, including joint
hearings, insofar as practical, with other state agencies having review
or regulatory jurisdiction which relates with that of the agency's so as
to avoid unnecessary costs and burdens both to the state and to project
sponsors and landowners.
c. Procedures to insure communication and discussion with any federal
agency, including the Army Corps of engineers and the soil conservation
service, in regard to any federal development proposals in the park.
Such agency rules and regulations, and any amendments thereof, shall
be adopted only after consultation with the Adirondack park local
government review board and at least one public hearing thereon. Fifteen

days notice of such hearing shall be made by publication at least once
in a newspaper of general circulation in each county wholly or partially
within the Adirondack park and in a least three metropolitan areas of
the state, and by individual notice served by mail upon the clerk of
each county and each local government of the park, and the chairman of
all local government, county and regional planning agencies having
jurisdiction in the park. Such notice shall contain a statement
describing the subject matter of the proposed rules and regulations, and
the time and place of the hearing and where further information thereon
may be obtained.
15. This section shall not apply to any emergency project which is
immediately necessary for the protection of life or property as defined
by the agency by rule and regulation adopted under subdivision fourteen.