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This entry was published on 2014-09-22
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SECTION 43-0115
Restrictions on use of signs and advertising devices
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 43
§ 43-0115. Restrictions on use of signs and advertising devices.

1. In order to preserve and enhance the natural beauty of the Lake
George park, to protect and conserve the investment of the state in
forest lands, islands, state campsites and other interests in real
property in said park; to preserve and regulate the said park for public
uses for the resort of the public for recreation, transportation,
pleasure, air, light and enjoyment and to keep it open, safe, clean and
in good order for the welfare of society and to prevent the unrestricted
use of signs, and advertising structures and devices in said park, no
person, partnership, association or corporation shall, except as
provided in subdivisions two and three of this section, erect or
maintain or allow to be erected or maintained within the boundaries of
the Lake George park any advertising sign or advertising structure or
device of any kind, except under written permit from Lake George park

2. The provisions of this section shall not apply to:

a. Signs erected or maintained upon a parcel of land used for business
purposes in connection with the principal business or principal
businesses conducted thereon, provided that:

(1) Not more than two such signs are erected on such parcel of land,
and such signs are located at least fifty feet apart, and

(2) No such sign has an area of more than forty-eight square feet, and

(3) No such sign extends more than twenty feet above ground level, and

(4) No such sign is placed within ten feet of a highway right of way,

(5) No such sign is illuminated by or contains a flashing,
intermittent, rotating, or moving light or lights, and

(6) No such sign moves or the visible portion thereof contains any
moving or animated parts.

b. A sign erected or maintained within an incorporated village.

c. A sign erected by the state, a county, a town or an agency or
department thereof.

3. To effectuate the purposes enumerated in subdivision 1 of this
section, the commission shall establish uniform written rules and
procedures for the application for and granting of permits for the
erection or maintenance of signs, advertising structures and devices for
which permits are required to be obtained from it under this section.
Such rules and procedures shall contain provisions for the granting of
the requisite permit for any such sign, advertising structure or device
erected prior to the effective date of this section for a period of time
not exceeding the remaining or undepreciated useful life of such sign,
advertising structure or device as determined by an appropriate
depreciation formula, provided that no such sign shall be permitted
after July 1, 1973. For such purpose, until July 1, 1973, the commission
shall authorize the use of a formula commonly used for income tax
purposes or the depreciation formula used in the depreciation schedules
of the income tax returns of the owner of such sign, advertising
structure or device.

4. Any action of the commission by which an application for a permit
under this section is denied shall be reviewable pursuant to the
provisions of article 78 of the Civil Practice Law and Rules.