S T A T E O F N E W Y O R K
________________________________________________________________________
5188
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
Introduced by Sens. LITTLE, FARLEY, GRIFFO, SEWARD -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance
AN ACT to amend the executive law, in relation to granting local govern-
ments in the Adirondack park the building rights on land acquired by
the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 814 of the executive law, as added
by chapter 348 of the laws of 1973, is amended to read as follows:
1. Any state agency which intends to undertake any new land use or
development within the Adirondack park, other than land use or develop-
ment by the department of environmental conservation pursuant to the
master plan for management of state lands[, irrespective of whether the
land use area wherein the project is proposed to be located is governed
by an approved local land use program] shall give due regard to the
provisions of the plan, THE APPROVED LOCAL LAND USE PLAN and the shore-
line restrictions and shall file a notice of such intent thereof with
the agency. Such notice shall be filed at the earliest time practicable
in the planning of such project, and in no event later than the
submission of a formal budget request for the funding of such project or
any part thereof. Such notice shall contain a description of the
proposed project, together with such additional information relating
thereto as the agency may determine necessary and appropriate for the
purposes of this section. The state agency shall not undertake such
project for a period of thirty days, or such earlier time as the agency
may specify, following the filing of the notice of intent.
S 2. Section 816 of the executive law is amended by adding a new
subdivision 4 to read as follows:
4. FOR ANY UNIT OF LAND FOR WHICH THE STATE ACQUIRES TITLE ON OR AFTER
THE EFFECTIVE DATE OF THIS SUBDIVISION, ALL LAST BUILDING RIGHTS THEREON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11315-01-1
S. 5188 2
SHALL BE VESTED IN THE LOCAL GOVERNMENT OR LOCAL GOVERNMENTS IN WHICH
SUCH UNIT OR PORTION THEREOF IS LOCATED. USE OF SUCH BUILDING RIGHTS
SHALL BE USED WITHIN A MODERATE INTENSITY USE OR LOW INTENSITY LAND USE
AREA, LOCATED WITHIN THREE MILES OF A HAMLET LAND USE AREA AND NOT TO BE
CLOSER THAN ONE-TENTH OF ONE MILE OF A SHORELINE OF A LAKE, POND OR
NAVIGABLE RIVER OR STREAM, OR LOCATED WITHIN ONE MILE OF THE LOCATION OF
THE FOLLOWING POST OFFICES: ATHOL, NEW YORK 12810; BRANTINGHAM, NEW YORK
13312; GABRIELS, NEW YORK 12939; HOFFMEISTER, NEW YORK 13353; HULETT'S
LANDING, NEW YORK 12841; KATTSKILL BAY, NEW YORK 12844; PAUL SMITHS, NEW
YORK 12970; PISECO, NEW YORK 12139; SABAEL, NEW YORK 12864; WANAKENA,
NEW YORK 13695; AND WHITE LAKE, NEW YORK 12786. ALL SUCH BUILDING
RIGHTS SHALL BE PROVIDED FOR IN THE APPROPRIATE LOCAL LAND USE PROGRAM
AND SHALL BE SUBJECT TO THE DISCRETION OF THE GOVERNING BODY OF THE
LOCAL GOVERNMENT.
S 3. This act shall take effect immediately.