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This entry was published on 2014-09-22
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SECTION 34-0107
Department regulation of coastal erosion hazard areas
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 34
§ 34-0107. Department regulation of coastal erosion hazard areas.

1. If a city which wholly includes one or more counties fails to
submit an erosion hazard area local law or ordinance 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 such local law or ordinance has
been disapproved pursuant to subdivision two of such section, or if a
county fails to submit an erosion hazard area local law to the
commissioner within the time specified in subdivision one of section
34-0106 of this article as such time may be extended by the commissioner
under subdivision three of such section, or if a county local law has
been disapproved pursuant to subdivision two of such section, the
commissioner shall, within ninety days after such failure or
disapproval, as the case may be, issue and enforce regulations which
apply the minimum standards promulgated pursuant to section 34-0108 of
this article within the affected erosion hazard area.

2. Prior to the issuance of regulations applicable to a particular
erosion hazard area pursuant to subdivision one of this section, the
commissioner shall hold a public hearing thereon in the affected city,
town or village, and shall give at least fifteen days prior notice
thereof by publication at least once in a newspaper having general
circulation therein. The commissioner shall issue the regulations within
thirty days after the close of such hearing, shall publish a summary of
such regulations in a newspaper having general circulation in the
affected city, town or village, and shall make such regulations
available for public inspection. Such regulations shall not take effect
until thirty days after the filing thereof with the clerk of the
affected county.

3. If the commissioner does not designate, pursuant to subdivision
eight of section 34-0106 of this article, a county to administer and
enforce a city, town or village erosion hazard area ordinance or local
law for which approval has been revoked pursuant to subdivision five of
section 34-0105 of this article, or if the commissioner, pursuant to
subdivision seven of section 34-0106 of this article, revokes his
approval of a county erosion hazard area local law or, pursuant to such
subdivision revokes his designation of a county to administer and
enforce a city, town or village erosion hazard area ordinance or local
law, he shall administer and enforce the affected ordinance or local law
in such manner 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. The commissioner may
designate such county to commence administration and enforcement of an
ordinance or local law subject to this subdivision upon receiving
satisfactory assurance that such administration and enforcement will be
undertaken in such manner as to adequately carry out the purposes and
policies of this article.

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

5. In any city, town or village where there are in effect erosion
hazard area regulations issued by the commissioner 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, or for any county to provide such
regulation in absence of local law or ordinance, pursuant to section
34-0106 of this article. Before county assumption of such regulation,
there shall be notification given to the city, town or village of such
intention by the county, and any objections shall be reviewed and
considered by the commissioner before approving such county regulation.
When a county, city, town or village local law or ordinance is approved
by the commissioner, the erosion hazard area regulations issued by the
commissioner pursuant to this section shall cease to apply, and a notice
to that effect shall be filed with the clerks of the affected local
governments.

6. Consistent with the provisions and purposes of article seventy of
this chapter, where an application is made to the commissioner for a
permit pursuant to section 34-0109 of this article for any activity or
development within a designated erosion hazard area, the commissioner
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 any of its
subdivisions pursuant to any federal, state or local law or ordinance.
The commissioner, 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.