S T A T E O F N E W Y O R K
________________________________________________________________________
8005
I N S E N A T E
March 19, 2018
___________
Introduced by Sen. LITTLE -- (at request of the Adirondack Park Agency)
-- 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 applications for minor
and major projects before the Adirondack Park Agency
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 1 of section 810 of the execu-
tive law, as added by chapter 348 of the laws of 1973, the paragraph
heading and subparagraph 1 as amended by chapter 679 of the laws of
1974, subparagraph 4 as amended by chapter 899 of the laws of 1976, is
amended to read as follows:
a. Hamlet areas. (1) All land uses and development and all subdivi-
sions of land involving wetlands except for forestry uses (other than
timber harvesting that includes a proposed clearcutting of any single
unit of land of more than twenty-five acres), agricultural uses, public
utility uses, and accessory uses or structures (other than signs) to any
such use or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior to
or at the time a local land use program is approved by the agency, is to
be reviewed by the agency; provided, however, that any class of projects
so agreed upon must be designated by and its review authorized in a
local ordinance or local law.
(3) [All land uses and development and all subdivisions of land
involving one hundred or more residential lots, parcels or sites or
residential units, whether designed for permanent, seasonal or transient
use.
(4)] All structures in excess of forty feet in height, except agricul-
tural use structures and residential radio and television antennas.
[(5)] (4) Commercial or private airports.
[(6)] (5) Watershed management and flood control projects.
[(7)] (6) Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent or more
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14336-01-8
S. 8005 2
of the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
§ 2. Paragraph b of subdivision 1 of section 810 of the executive law,
as added by chapter 348 of the laws of 1973, the paragraph heading and
subparagraph 1 as amended by chapter 679 of the laws of 1974, subpara-
graph 5 as amended by chapter 899 of the laws of 1976, subparagraph 17
as added and subparagraph 18 as renumbered by chapter 135 of the laws of
2011, is amended to read as follows:
b. Moderate intensity use areas. (1) All land uses and development and
all subdivisions of land located in the following critical environmental
areas: (a) within one-quarter mile of rivers navigable by boat desig-
nated to be studied as wild, scenic or recreational in accordance with
the environmental conservation law during the period of such desig-
nation; (b) involving wetlands; (c) at elevations of twenty-five hundred
feet or more; (d) within one-eighth mile of tracks of forest preserve
land or water now or hereafter classified as wilderness, primitive or
canoe in the master plan for management of state lands, except for an
individual single family dwelling and accessory uses or structures ther-
eto. Provided, however, that the above shall not include forestry uses
(other than clear-cutting as specified in [number nine below] SUBPARA-
GRAPH EIGHT OF THIS PARAGRAPH), agricultural uses, open space recreation
uses, public utility uses, and accessory uses or structures (other than
signs) to any such use or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior to
or at the time a local land use program is approved by the agency, is to
be reviewed by the agency; provided, however, that any class of projects
so agreed upon must be designated by and its review authorized in a
local ordinance or local law.
(3) [All land uses and development and all subdivisions of land
involving seventy-five or more residential lots, parcels or sites or
residential units, whether designed for permanent, seasonal or transient
use.
(4)] Commercial or agricultural service uses involving ten thousand or
more square feet of floor space.
[(5)] (4) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television anten-
nas.
[(6)] (5) Tourist attractions.
[(7)] (6) Ski centers.
[(8)] (7) Commercial or private airports.
[(9)] (8) Timber harvesting that includes a proposed clearcutting of
any single unit of land of more than twenty-five acres.
[(10)] (9) Sawmills, chipping mills, pallet mills and similar wood
using facilities.
[(11)] (10) Mineral extractions.
[(12)] (11) Mineral extraction structures.
[(13)] (12) Watershed management and flood control projects.
[(14)] (13) Sewage treatment plants.
[(15)] (14) Major public utility uses.
[(16)] (15) Industrial uses.
[(17)] (16) Community housing as defined in subdivision seventeen-a of
section eight hundred two of this article.
[(18)] (17) Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent or more
S. 8005 3
of the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
§ 3. Paragraph c of subdivision 1 of section 810 of the executive law,
as added by chapter 348 of the laws of 1973, the paragraph heading and
subparagraph 1 as amended by chapter 679 of the laws of 1974, subpara-
graph 5 as amended by chapter 899 of the laws of 1976, subparagraph 19
as added and subparagraph 20 as renumbered by chapter 135 of the laws of
2011, is amended to read as follows:
c. Low intensity use areas. (1) All land uses and development and all
subdivisions of land located in the following critical environmental
areas: (a) within one-quarter mile of rivers navigable by boat desig-
nated to be studied as wild, scenic or recreational in accordance with
the environmental conservation law during the period of such desig-
nation; (b) involving wetlands; (c) at elevations of twenty-five hundred
feet or more; (d) within one-eighth mile of tracts of forest preserve
land now or hereafter classified as wilderness, primitive or canoe in
the master plan for management of state lands, except for an individual
single family dwelling and accessory uses or structures thereto.
Provided, however, that the above shall not include forestry uses (other
than clear-cutting as specified in [number nine below] SUBPARAGRAPH
EIGHT OF THIS PARAGRAPH), agricultural uses, open space recreation uses,
public utility uses, and accessory uses or structures (other than signs)
to any such use or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior to
or at the time a local land use program is approved by the agency, is to
be reviewed by the agency; provided, however, that any class of projects
so agreed upon must be designated by and its review authorized in a
local ordinance or local law.
(3) [All land uses and development and all subdivisions of land
involving thirty-five or more residential lots, parcels or sites or
residential units, whether designed for permanent, seasonal or transient
use.
(4)] Commercial or agricultural service uses involving five thousand
or more square feet of floor space.
[(5)] (4) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television anten-
nas.
[(6)] (5) Tourist attractions.
[(7)] (6) Ski centers.
[(8)] (7) Commercial or private airports.
[(9)] (8) Timber harvesting that includes a proposed clearcutting of
any single unit of land of more than twenty-five acres.
[(10)] (9) Sawmills, chipping mills, pallet mills and similar wood
using facilities.
[(11)] (10) Mineral extractions.
[(12)] (11) Mineral extraction structures.
[(13)] (12) Watershed management and flood control projects.
[(14)] (13) Sewage treatment plants.
[(15)] (14) Waste disposal areas.
[(16)] (15) Junkyards.
[(17)] (16) Major public utility uses.
[(18)] (17) Industrial uses.
[(19)] (18) Community housing as defined in subdivision seventeen-a of
section eight hundred two of this article.
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[(20)] (19) Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent or more
of the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
§ 4. Paragraph d of subdivision 1 of section 810 of the executive law,
as added by chapter 348 of the laws of 1973, the paragraph heading and
subparagraph 1 as amended by chapter 679 of the laws of 1974, subpara-
graph 5 as amended by chapter 899 of the laws of 1976, is amended to
read as follows:
d. Rural use areas. (1) All land uses and development and all subdivi-
sions of land located in the following critical environmental areas: (a)
within one-quarter mile of rivers navigable by boat designated to be
studied as wild, scenic or recreational in accordance with the environ-
mental conservation law during the period of such designation; (b)
involving wetlands; (c) at elevations of twenty-five hundred feet or
more; (d) within one-eighth mile of tracts of forest preserve land or
water now or hereafter classified as wilderness, primitive or canoe in
the master plan for management of state lands, except for an individual
single family dwelling and accessory uses or structures thereto; (e)
within one hundred fifty feet of the edge of the right of way of federal
or state highways, except for an individual single family dwelling and
accessory uses or structures thereto; (f) within one hundred fifty feet
of the edge of the right of way of county highways designated by rule or
regulation of the agency adopted pursuant to subdivision fourteen of
section eight hundred nine OF THIS ARTICLE or in an approved local land
use program, as major travel corridors by the agency or local govern-
ment, except for an individual single family dwelling and accessory uses
or structures thereto. Provided, however, that the above shall not
include forestry uses (other than clear-cutting as specified in [number
ten below] SUBPARAGRAPH NINE OF THIS PARAGRAPH and sand and gravel pits
associated with such uses located within one hundred fifty feet of the
edge of the right of way of the above described travel corridors), agri-
cultural uses (other than sand and gravel pits associated with such uses
located within one hundred fifty feet of the edge of the right of way of
the above described travel corridors), open space recreation uses,
public utility uses, and accessory uses or structures (other than signs)
to any such uses or to any pre-existing use.
(2) Any class of land use or development or subdivision of land that
by agreement between a local government and the agency, either prior to
or at the time a local land use program is approved by the agency, is to
be reviewed by the agency; provided, however, that any class of projects
so agreed upon must be designated by and its review authorized in a
local ordinance or local law.
(3) [All land uses and development and all subdivisions of land
involving twenty or more residential lots, parcels or sites or residen-
tial units, whether designed for permanent, seasonal or transient use.
(4)] Commercial and agricultural service uses involving twenty-five
hundred or more square feet of floor space.
[(5)] (4) All structures in excess of forty feet in height, except
agricultural use structures and residential radio and television anten-
nas.
[(6)] (5) Tourist accommodations.
[(7)] (6) Ski centers.
[(8)] (7) Commercial seaplane bases.
[(9)] (8) Commercial or private airports.
S. 8005 5
[(10)] (9) Timber harvesting that includes a proposed clearcutting of
any single unit of land of more than twenty-five acres.
[(11)] (10) Sawmills, chipping mills, pallet mills and similar wood
using facilities.
[(12)] (11) Mineral extractions.
[(13)] (12) Mineral extraction structures.
[(14)] (13) Watershed management and flood control projects.
[(15)] (14) Sewage treatment plants.
[(16)] (15) Waste disposal areas.
[(17)] (16) Junkyards.
[(18)] (17) Major public utility uses.
[(19)] (18) Industrial use.
[(20)] (19) Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent or more
of the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
§ 5. Paragraph a of subdivision 2 of section 810 of the executive law,
as added by chapter 348 of the laws of 1973, subparagraph 19 as amended
by chapter 899 of the laws of 1976, is amended to read as follows:
a. Moderate intensity use areas. (1) Subdivisions of land (and all
land uses and development related thereto) involving fifteen or more
[but less than seventy-five lots, parcels or sites, other than subdivi-
sions of land involving mobile homes] ACRES OF LAND.
(2) Subdivisions of land (and all land uses and development related
thereto) involving less than fifteen [lots, parcels or sites, other than
subdivisions of land involving mobile homes,] ACRES OF LAND which do not
meet the following criteria: (a) In the case of such subdivisions
involving land having shoreline, each lot, parcel or site is at least
twenty-five thousand square feet in size [and], complies with all of the
provisions of the shoreline restrictions, AND THE LEACHING COMPONENTS OF
ALL PRE-EXISTING ON-SITE WASTEWATER TREATMENT SYSTEMS ARE LOCATED AT
LEAST ONE HUNDRED FEET FROM ALL SHORELINES.
(b) In the case of such subdivisions not involving land having shore-
line, each lot, parcel or site is at least forty thousand square feet in
size.
[Any subdivision or subsequent subdivision of such land, either by the
original owner or subsequent owners, shall be subject to review as a
class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and any prior subdivision or
subdivisions exceeds fourteen.]
(3) Multiple family dwellings.
[(4) Mobile home courts.
(5) Subdivisions of land involving mobile homes (and all land uses and
development related thereto) and involving two or more lots, parcels or
sites.
(6)] (4) Public and semi-public buildings.
[(7)] (5) Municipal roads.
[(8)] (6) Commercial or agricultural service uses involving less than
ten thousand square feet of floor space.
[(9)] (7) Tourist accommodations.
[(10)] (8) Marinas, boatyards and boat launching sites.
[(11)] (9) Golf courses.
[(12)] (10) Campgrounds.
[(13)] (11) Group camps.
[(14)] (12) Commercial seaplane bases.
[(15)] (13) Commercial sand and gravel extractions.
S. 8005 6
[(16)] (14) Land use or development or subdivisions of land involving
the clustering of buildings on land having shoreline on the basis of a
specified number of principal buildings per linear mile or proportionate
fraction thereof, as provided for in the shoreline restrictions.
[(17)] (15) Any land use or development not now or hereafter included
on either the list of primary uses or the list of secondary uses for
moderate intensity use areas.
[(18)] (16) An individual single family dwelling within one-eighth
mile of tracts of forest preserve land or water now or hereafter classi-
fied as wilderness primitive or canoe in the master plan for management
of state lands.
[(19)] (17) All land uses and development and all subdivisions of land
within one-quarter mile of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental conservation
law, other than those navigable by boat, during the period of such
designation.
[(20)] (18) Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent or more
of the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
§ 6. Paragraph b of subdivision 2 of section 810 of the executive law,
as added by chapter 348 of the laws of 1973, subparagraph 19 as amended
by chapter 899 of the laws of 1976, is amended to read as follows:
b. Low intensity use areas. (1) Subdivisions of land (and all land
uses and development related thereto) involving [ten or more but less
than thirty-five lots, parcels or sites, other than subdivisions of land
involving mobile homes] FIFTEEN OR MORE ACRES OF LAND.
(2) Subdivisions of land (and all land uses and development related
thereto) involving less than [ten lots, parcels or sites] FIFTEEN ACRES
OF LAND which do not meet the following criteria: (a) In the case of
such subdivisions involving land having shoreline, each lot, parcel or
site is at least fifty thousand square feet in size [and], complies with
all of the provisions of the shoreline restrictions, AND THE LEACHING
COMPONENTS OF ALL PRE-EXISTING ON-SITE WASTEWATER TREATMENT SYSTEMS ARE
LOCATED AT LEAST ONE HUNDRED FEET FROM ALL SHORELINES.
(b) In the case of such subdivisions not involving land having shore-
line, each lot, parcel or site is at least one hundred twenty thousand
square feet in size.
[Any subdivision or subsequent subdivision of such land, either by the
original owner or subsequent owners, shall be subject to review as a
class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and any prior subdivision or
subdivisions exceeds nine.]
(3) Multiple family dwellings.
(4) [Mobile home courts.
(5) Mobile home subdivisions (and all land uses and development
related thereto) involving two or more lots, parcels or sites.
(6)] Public and semi-public buildings.
[(7)] (5) Municipal roads.
[(8)] (6) Commercial or agricultural service uses involving less than
five thousand square feet of floor space.
[(9)] (7) Tourist accommodations.
[(10)] (8) Marinas, boatyards and boat launching sites.
[(11)] (9) Golf courses.
[(12)] (10) Campgrounds.
[(13)] (11) Group camps.
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[(14)] (12) Commercial seaplane bases.
[(15)] (13) Commercial sand and gravel extractions.
[(16)] (14) Land use or development or subdivision of land involving
the clustering of buildings on land having shoreline on the basis of a
specified number of principal buildings per linear mile or proportionate
fraction thereof, as provided for in the shoreline restrictions.
[(17)] (15) Any land use or development not now or hereafter included
on either the list of primary uses or the list of secondary uses for low
intensity use areas.
[(18)] (16) An individual single family dwelling within one-eighth
mile of tracts of forest preserve land or water now or hereafter classi-
fied as wilderness, primitive or canoe in the master plan for management
of state lands.
[(19)] (17) All land uses and development and all subdivisions of land
within one-quarter mile of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental conservation
law, other than those navigable by boat, during the period of such
designation.
[(20)] (18) Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent or more
of the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
§ 7. Paragraph c of subdivision 2 of section 810 of the executive law,
as added by chapter 348 of the laws of 1973, subparagraph 14 as amended
by chapter 899 of the laws of 1976, is amended to read as follows:
c. Rural use areas. (1) [Subdivisions] ALL SUBDIVISIONS of land (and
all land uses and development related thereto) involving [five] TWO or
more [but less than twenty] lots, parcels or sites[, other than subdivi-
sions of land involving mobile homes].
(2) [Subdivisions of land (and all land uses and development related
thereto) involving less than five lots, parcels or sites which do not
meet the following criteria: (a) In the case of such subdivisions
involving land having shoreline, each lot, parcel or site is at least
eighty thousand square feet in size and complies with all of the
provisions of the shoreline restrictions of the plan.
(b) In the case of such subdivisions not involving land having shore-
line, each lot, parcel or site is at least three hundred twenty thousand
square feet in size.
Any subdivision or subsequent subdivision of such land, either by the
original owner or subsequent owners, shall be subject to review as a
class B regional project where the total number of lots, parcels or
sites resulting from such subdivision and any prior subdivision or
subdivisions exceeds four.
(3)] Multiple family dwellings.
[(4) Mobile home courts.
(5) Mobile home subdivisions (and all land uses and development
related thereto) involving two or more lots, parcels or sites.
(6)] (3) Public and semi-public buildings.
[(7)] (4) Municipal roads.
[(8)] (5) Marinas, boatyards and boat launching sites.
[(9)] (6) Golf courses.
[(10)] (7) Campgrounds.
[(11)] (8) Group camps.
[(12)] (9) Commercial sand and gravel extractions.
[(13)] (10) Land use or development or subdivision of land involving
the clustering of buildings on land having shoreline on the basis of a
S. 8005 8
specified number of principal buildings per linear mile or proportionate
fraction thereof, as provided for in the shoreline restrictions.
[(14)] (11) All land uses and development and all subdivisions of land
within one quarter mile of rivers designated to be studied as wild,
scenic or recreational in accordance with the environmental conservation
law, other than those navigable by boat, during the period of such
designation.
[(15)] (12) Any land use or development not now or hereafter included
on either the list of primary uses or the list of secondary uses for
rural use areas.
[(16)] (13) Commercial and agricultural service uses involving less
than twenty-five hundred square feet.
[(17)] (14) An individual single family dwelling within one-eighth
mile of tracts of forest preserve land or water described in item (d) of
clause (1) of paragraph d of subdivision one or within one hundred fifty
feet of a travel corridor described in such paragraph.
[(18)] (15) Any material increase or expansion of an existing land use
or structure included on this list that is twenty-five percent or more
of the original size of such existing use or twenty-five percent or more
of the original square footage of such structure.
§ 8. This act shall take effect immediately.
