S T A T E O F N E W Y O R K
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10737
I N S E N A T E
November 13, 2026
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the general municipal law, the environmental conserva-
tion law and the highway law, in relation to zoning modifications and
permitting for certain building projects
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding four new
sections 98-c, 98-d, 98-e and 98-f to read as follows:
§ 98-C. GRANT OF CERTAIN ZONING MODIFICATIONS BY MUNICIPALITY. 1. FOR
ZONING PERMIT MODIFICATIONS THAT ARE FIFTEEN PERCENT OR LESS OF ANY
DIMENSIONAL REQUIREMENTS SPECIFIED IN THE ZONING ORDINANCE, A MUNICI-
PALITY SHALL GRANT A ZONING MODIFICATION, AND SUCH MODIFICATION SHALL
NOT BE CONSIDERED A VARIANCE REQUEST, MINISTERIALLY WITHIN TEN DAYS OF
RECEIPT OF A REQUEST FOR SUCH MODIFICATION IF:
(A) IN THE CASE THAT SUCH MODIFICATION IS GRANTED, NEIGHBORING PROPER-
TY WILL NEITHER BE SUBSTANTIALLY INJURED NOR ITS APPROPRIATE USE
SUBSTANTIALLY IMPAIRED;
(B) SUCH MODIFICATION REQUESTED DOES NOT REQUIRE A VARIANCE OF A FLOOD
HAZARD REQUIREMENT, UNLESS THE BUILDING IS BUILT IN ACCORDANCE WITH
APPLICABLE REGULATIONS; AND
(C) SUCH MODIFICATION REQUESTED DOES NOT VIOLATE ANY RULES OR REGU-
LATIONS WITH RESPECT TO FRESHWATER OR COASTAL WETLANDS.
2. UPON AN AFFIRMATIVE DETERMINATION, IN THE CASE OF A MODIFICATION OF
FIVE PERCENT OR LESS, THE ZONING ENFORCEMENT OFFICER OF SUCH MUNICI-
PALITY SHALL HAVE THE AUTHORITY TO ISSUE A PERMIT APPROVING THE MODIFI-
CATION, WITHOUT ANY PUBLIC NOTICE REQUIREMENTS. IN THE CASE OF A MODIFI-
CATION OF GREATER THAN FIVE PERCENT, THE ZONING ENFORCEMENT OFFICER
SHALL NOTIFY, BY FIRST CLASS MAIL, ALL PROPERTY OWNERS ABUTTING THE
PROPERTY WHICH IS THE SUBJECT OF THE MODIFICATION REQUEST, AND SHALL
INDICATE THE STREET ADDRESS OF THE SUBJECT PROPERTY IN THE NOTICE, AND
SHALL PUBLISH IN A NEWSPAPER OF LOCAL CIRCULATION WITHIN THE MUNICI-
PALITY THAT THE MODIFICATION WILL BE GRANTED UNLESS WRITTEN OBJECTION BY
ANYONE WHO IS ENTITLED TO NOTICE IS RECEIVED WITHIN FOURTEEN DAYS OF THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16366-04-6
S. 10737 2
PUBLIC NOTICE. IF WRITTEN OBJECTION IS RECEIVED WITHIN FOURTEEN DAYS,
THE REQUEST FOR A MODIFICATION SHALL BE SCHEDULED FOR THE NEXT AVAILABLE
HEARING BEFORE THE MUNICIPALITY'S ZONING BOARD OF APPEALS ON APPLICATION
FOR A DIMENSIONAL VARIANCE FOLLOWING THE STANDARD PROCEDURES FOR SUCH
VARIANCES, INCLUDING ANY NOTICE REQUIREMENTS. IF NO WRITTEN OBJECTIONS
ARE RECEIVED WITHIN FOURTEEN DAYS, THE ZONING ENFORCEMENT OFFICER SHALL
GRANT THE MODIFICATION. THE ZONING ENFORCEMENT OFFICER MAY APPLY ANY
SPECIAL CONDITIONS TO THE PERMIT AS MAY, IN THE OPINION OF SUCH OFFICER,
BE REQUIRED TO CONFORM TO THE INTENT AND PURPOSES OF THE ZONING ORDI-
NANCE. THE ZONING ENFORCEMENT OFFICER SHALL KEEP PUBLIC RECORDS OF ALL
REQUESTS FOR MODIFICATIONS, AND OF FINDINGS, DETERMINATIONS, SPECIAL
CONDITIONS, AND ANY OBJECTIONS RECEIVED. COSTS OF ANY NOTICE REQUIRED
UNDER THIS SECTION SHALL BE BORNE BY THE APPLICANT REQUESTING THE
MODIFICATION.
§ 98-D. INSPECTIONS OF CERTAIN BUILDING PROJECTS. 1. FOR A PROJECT
WHERE A MUNICIPALITY REQUIRES A SPECIAL INSPECTION UNDER THE NEW YORK
STATE UNIFORM FIRE PREVENTION AND BUILDING CODE, SUCH MUNICIPALITY SHALL
NOT REQUIRE A SUBSEQUENT INSPECTION OF THE SAME SYSTEMS OR BUILDING
ELEMENTS AT THE SAME DEGREE OF COMPLETION AS INSPECTED IN SUCH SPECIAL
INSPECTION, UNLESS:
(A) SUCH SPECIAL INSPECTION IDENTIFIES DEFICIENCIES AND THE MUNICI-
PALITY DETERMINES THAT SUBSEQUENT INSPECTION OR INSPECTIONS ARE REQUIRED
TO CONFIRM SUCH DEFICIENCIES OR VERIFY THAT SUCH DEFICIENCIES HAVE BEEN
AMENDED;
(B) THE APPLICANT REQUESTS A SUBSEQUENT INSPECTION; OR
(C) THE MUNICIPALITY PAYS, WAIVES, OR REFUNDS ALL FEES RELATED TO BOTH
THE INITIAL SPECIAL INSPECTION AND THE SUBSEQUENT INSPECTION.
2. IF A MUNICIPAL OFFICIAL OR AN INSPECTOR HIRED BY THE MUNICIPALITY
FAILS TO APPROVE AN ASPECT OF A CONSTRUCTION PROJECT THAT WAS EXPLICITLY
APPROVED BY THE MUNICIPALITY IN THE PLANS SUBMITTED FOR SUCH
CONSTRUCTION, THE MUNICIPALITY SHALL REFUND OR WAIVE ANY BUILDING PERMIT
FEES PAID BY THE DEVELOPER.
3. A CITY, TOWN, OR VILLAGE MAY ESTABLISH A PROGRAM WHEREBY A BUILDING
PERMIT MAY BE ISSUED BASED UPON A CERTIFICATION BY A REGISTERED ARCHI-
TECT LICENSED TO PRACTICE IN THE STATE OF NEW YORK OR A PROFESSIONAL
ENGINEER LICENSED TO PRACTICE IN THE STATE OF NEW YORK, CERTIFYING THAT
THE INTENDED WORK AS SET FORTH IN THE BUILDING PERMIT APPLICATION MEETS
THE REQUIREMENTS OF THE NEW YORK STATE UNIFORM FIRE PREVENTION AND
BUILDING CODE, EXCLUDING THE APPROVAL OF FIRE SERVICE FEATURES AND
COMPLIANCE WITH FIRE PROTECTION AND LIFE SAFETY SYSTEMS AS DEFINED BY
THE FIRE CODE OF NEW YORK STATE, OR ANY MORE RESTRICTIVE LOCAL
PROVISIONS RELATING TO FIRE SERVICES, FIRE PROTECTION OR LIFE SAFETY
SYSTEMS. SUCH CITY, TOWN, OR VILLAGE SHALL ESTABLISH PROCEDURES FOR THE
ADMINISTRATION OF SUCH PROGRAM, INCLUDING, BUT NOT LIMITED TO, RULES FOR
APPEAL, A RANDOM AUDIT TO ENSURE COMPLIANCE, AND REFERRALS TO THE
DEPARTMENT OF EDUCATION'S OFFICE OF PROFESSIONS UPON FINDING OF WRONGDO-
ING OR NEGLIGENCE.
§ 98-E. TIME FOR PLANNING BOARD OR ZONING BOARD APPROVAL. A PLANNING
BOARD OR ZONING BOARD SHALL CONSIDER ANY REQUEST FOR ANY RESIDENTIAL
ACTION WHICH REQUIRES THE APPROVAL OF SUCH PLANNING BOARD OR ZONING
BOARD WITHIN SIXTY DAYS OF RECEIVING SUCH REQUEST. IF SUCH PLANNING
BOARD OR ZONING BOARD DOES NOT BEGIN TO CONSIDER SUCH REQUEST WITHIN
SUCH SIXTY DAYS, SUCH REQUEST SHALL BE AUTOMATICALLY APPROVED.
§ 98-F. BUILDING PERMITS FOR CERTAIN PROJECTS. A BUILDING PERMIT
ISSUED FOR A PROJECT OF FEWER THAN ONE HUNDRED UNITS SHALL BE VALID FOR
NOT LESS THAN TWO YEARS. A BUILDING PERMIT ISSUED FOR A PROJECT OF
S. 10737 3
GREATER THAN ONE HUNDRED UNITS SHALL BE VALID FOR NOT LESS THAN FOUR
YEARS.
§ 2. Subdivision 2 of section 24-0301 of the environmental conserva-
tion law, as amended by section 4 of part QQ of chapter 58 of the laws
of 2022, is amended to read as follows:
2. Except as provided in subdivision three of this section, the
commissioner may, upon their own initiative, and shall, upon a written
request by a landowner whose land or a portion thereof may be included
within a wetland, or upon the written request of another person or
persons or an official body whose interests are shown to be affected,
cause to be delineated the boundary line or lines of a freshwater
wetland or a portion thereof. The commissioner shall undertake to delin-
eate the boundary of a particular wetland or wetlands, or a particular
part of the boundary thereof only upon a showing by the applicant there-
for of good cause for such delineation and the establishment of such
line. Such delineation shall be effective for a period of [five] FIFTEEN
years from the date of such delineation.
§ 3. Subdivision 2 of section 239-f of the general municipal law is
amended by adding a new paragraph (e) to read as follows:
(E) CERTAIN HOUSING PROJECTS. VARIANCES, SPECIAL PERMITS AND SMALL
RESIDENTIAL PROJECTS SHALL BE EXEMPT FROM COUNTY REVIEW FOR BUILDING
PERMITS UNDER THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
"SMALL RESIDENTIAL PROJECTS" SHALL MEAN HOUSING PROJECTS THAT DISTURB
LESS THAN FIVE ACRES.
§ 4. Subdivision 4 of section 239-m of the general municipal law is
amended by adding a new paragraph (c) to read as follows:
(C) VARIANCES, SPECIAL PERMITS AND SMALL RESIDENTIAL PROJECTS SHALL BE
EXEMPT FROM COUNTY PLANNING AGENCY OR REGIONAL PLANNING COUNCIL REVIEW
FOR BUILDING PERMITS UNDER THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH,
THE TERM "SMALL RESIDENTIAL PROJECTS" SHALL MEAN HOUSING PROJECTS THAT
DISTURB LESS THAN FIVE ACRES.
§ 5. Section 239-m of the general municipal law is amended by adding a
new subdivision 7 to read as follows:
7. COURT REVIEW. ANY PERSON AGGRIEVED BY A DECISION OF A REFERRING
BODY, COUNTY PLANNING AGENCY OR REGIONAL PLANNING COUNCIL ALLOWED,
REQUIRED, OR TAKEN UNDER THE AUTHORITY OF THIS SECTION, INCLUDING BUT
NOT LIMITED TO, BY A FAILURE TO REFER A PROPOSED ACTION, MAY APPLY TO
THE SUPREME COURT FOR REVIEW BY A PROCEEDING UNDER ARTICLE SEVENTY-EIGHT
OF THE CIVIL PRACTICE LAW AND RULES. SUCH PROCEEDINGS SHALL BE INSTI-
TUTED WITHIN THIRTY DAYS AFTER THE DECISION PURSUANT TO WHICH SUCH
PERSON WAS AGGRIEVED. SUCH PROCEEDINGS SHALL BE ACCOMPANIED BY AN ALLE-
GATION OF PARTICULARIZED HARM TO THE PERSON OR BODY INSTITUTING THE
PROCEEDINGS. THE COURT MAY TAKE EVIDENCE OR APPOINT A REFEREE TO TAKE
SUCH EVIDENCE AS IT MAY DIRECT, AND REPORT THE SAME, WITH FINDINGS OF
FACT AND CONCLUSIONS OF LAW, IF IT SHALL APPEAR THAT TESTIMONY IS NECES-
SARY FOR THE PROPER DISPOSITION OF THE MATTER. THE COURT SHALL ITSELF
DISPOSE OF THE MATTER ON THE MERITS, DETERMINING ALL QUESTIONS WHICH MAY
BE PRESENTED FOR DETERMINATION.
§ 6. Subdivision 4 of section 239-n of the general municipal law, as
amended by chapter 459 of the laws of 1997, is amended by adding a new
paragraph (c) to read as follows:
(C) SMALL RESIDENTIAL SUBDIVISIONS SHALL BE EXEMPT FROM COUNTY PLAN-
NING AGENCY OR REGIONAL PLANNING COUNCIL REVIEW FOR BUILDING PERMITS
UNDER THIS SECTION. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "SMALL
RESIDENTIAL SUBDIVISIONS" SHALL MEAN HOUSING PROJECTS THAT DISTURB LESS
THAN FIVE ACRES.
S. 10737 4
§ 7. The opening paragraph of section 125 of the general municipal
law, as added by chapter 439 of the laws of 1998, is amended to read as
follows:
No city, town or village shall issue a building permit FOR WORK VALUED
AT MORE THAN ONE HUNDRED THOUSAND DOLLARS without obtaining from the
permit applicant either:
§ 8. Section 52 of the highway law is amended by adding a new undesig-
nated paragraph to read as follows:
THE DEPARTMENT SHALL NOT REQUIRE REVIEW OF ANY HOUSING PROJECT THAT
DOES NOT INVOLVE WORK WITHIN THE STATE HIGHWAY RIGHT OF WAY. FOR ANY
PERMIT REQUIRED BY THE DEPARTMENT FOR A HOUSING PROJECT, THE DEPARTMENT
SHALL RESPOND TO THE APPLICATION FOR SUCH PERMIT WITHIN ONE WEEK AND
SHALL APPROVE, APPROVE WITH CONDITIONS, DENY, OR MAKE A FINAL REQUEST
FOR FURTHER INFORMATION REGARDING SUCH APPLICATION WITHIN SIX WEEKS. IF
THE DEPARTMENT FAILS TO APPROVE OR DENY SUCH APPLICATION WITHIN SIX
WEEKS, SUCH APPLICATION SHALL BE DEEMED APPROVED.
§ 9. This act shall take effect immediately.
