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This entry was published on 2014-09-22
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SECTION 34-0106
County regulation of coastal erosion hazard areas
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 34
§ 34-0106. County regulation of coastal erosion hazard areas.

1. If a city, other than a city which wholly includes one or more
counties, a town or village fails to submit an erosion hazard area
ordinance or local law to the commissioner within the time specified in
subdivision one of section 34-0105 of this article, as such time may be
extended by the commissioner under subdivision three of such section or
if an ordinance or local law has been disapproved pursuant to
subdivision two of such section, the commissioner shall notify the clerk
of the legislative body of the county in which such city, town or
village is located. Within six months from receipt of such notification,
such county shall submit to the commissioner a county erosion hazard
area local law meeting the criteria specified in subdivision one of
section 34-0105 of this article, applicable to the erosion hazard area
of such city, town or village. Notwithstanding any other provisions of
law, whether general or special, or any provision of local law or
ordinance, to carry out the purposes of this section, counties shall,
within the erosion hazard area subject to such county local law, be
deemed to possess the same implementation powers as could be exercised
by the city, town or village within which the erosion hazard area is
situated. The commissioner shall provide whatever technical assistance
he may deem necessary for preparation of a local law pursuant to this
section.

2. Such county erosion hazard area local law shall be subject to
public notification and review and, be submitted to the commissioner for
approval as to its consistency with the minimum standards promulgated
pursuant to section 34-0108 of this article; the commissioner shall act
to approve or disapprove such local law within thirty working days of
its receipt. If the commissioner disapproves the local law, he shall
notify the county legislative body in writing of the reasons for such
disapproval or modification necessary for approval. The commissioner
shall issue findings as part of his decision.

3. In case of disapproval of a county erosion hazard area local law
under subdivision two of this section, the commissioner at his
discretion may extend the six month period for adoption of such local
law for a reasonable time period not to exceed an additional six months,
during which time, the county may adopt and re-submit a new or modified
county erosion hazard area local law to the commissioner for approval as
provided in subdivision two of this section.

4. Prior to the adoption of any amendment to an approved county
erosion hazard area local law, the county shall notify the commissioner,
who shall within fifteen days after receipt of such notification advise
the county whether such amendment relates to the minimum standards
promulgated pursuant to section 34-0108 of this article. Any amendment
to such local law that relates to such minimum standards shall be
subject to approval by the commissioner as provided in subdivision two
of this section.

5. Nothing in this section shall be construed to prohibit any city,
town or village from adopting and enforcing any ordinances or local
laws, or exercising any other lawful powers within any area governed by
an approved county erosion hazard area local law; provided, however,
that to the extent of any inconsistency between a city, town or village
ordinance or local law and an approved county erosion hazard area local
law, the latter shall apply.

6. In any city, town or village where there is in effect a county
erosion hazard area local law adopted pursuant to this section, nothing
herein shall be construed as preventing such city, town or village from
submitting, at any time, an erosion hazard area ordinance or local law
to the commissioner for approval pursuant to section 34-0105 of this
article. If such ordinance or local law is approved by the commissioner,
he shall immediately notify the affected county, and the county local
law shall cease to apply to the affected erosion hazard area from the
date of receipt by the county of such notification.

7. (a) If approval of a city (other than a city which wholly includes
one or more counties), town or village erosion hazard area ordinance or
local law is revoked by the commissioner pursuant to subdivision four of
section 34-0105 of this article, the commissioner may designate the
county in which such city, town or village is located to administer and
enforce such city, town or village ordinance or local law so as to
insure compliance of activities or development in the affected erosion
hazard area with the minimum standards promulgated pursuant to section
34-0108 of this article. Such county shall be deemed to possess all
administrative and enforcement powers included in such city, town or
village ordinance or local law.

(b) The commissioner shall reinstate approval of the city, town or
village ordinance or local law when the commissioner is satisfied that
the city, town or village will carry out the purposes and policies of
this article, at which time administration and enforcement by the county
pursuant to this subdivision shall cease, and the city, town or village
shall administer and enforce such ordinance or local law.

8. The commissioner shall revoke his approval of a county erosion
hazard area local law, or shall revoke his designation pursuant to
subdivision six of this section of a county to administer and enforce a
city, town or village ordinance or local law, if he determines, after
notice and hearing relative thereto, that the affected county has failed
to administer or enforce such ordinance or local law to adequately carry
out the purposes and policies of this article. In the event of such
revocation, the provisions of subdivision three of section 34-0107 of
this article shall apply.

9. Where an application is made for any permit, variance or other form
of approval required pursuant to any local law enacted and approved by
the commissioner pursuant to this section, for any activity or
development within a designated erosion hazard area, the county to which
such application is made shall ascertain what, if any, other permit,
variance or hearing procedures or applications are required with regard
to such activity or development by any governing body of the state or
its subdivisions pursuant to any federal, state or local law or
ordinance. Such county, at the request of the applicant, shall
consolidate and coordinate said application, permit, variance and
hearing procedures, as required by each such governing authority, into a
single, comprehensive hearing and review procedure with regard to such
activity or development. However, nothing contained in this section
shall be deemed to limit or restrict the state, its subdivisions, or any
other governing authorities, which are properly a party to such
consolidated review proceeding, from the independent exercise of such
discretionary authority with respect to the issuance, denial or
modification of such permits, variances or other forms of approval as
they may have been granted by law.