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This entry was published on 2014-09-22
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SECTION 55-0119
Local land use regulation within a special groundwater protection area
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 55
§ 55-0119. Local land use regulation within a special groundwater

protection area.

Any land use regulation enacted by any town or village located within
a special groundwater protection area which includes a definition of
"open space" must consider the impact of such definition on the water
quality and/or recharge capabilities of the area. Any such definition of
"open space" may also consider other purposes of open space, including,
but not limited to, protection of habitat, farmland, forest, air
quality, view shed protection and recreation. Provided however, that any
definition of open space that allows for or includes recreational uses,
must provide clear guidance as to which recreational uses, improvements
or facilities serve the purpose of protecting water quality and/or
recharge capabilities. "Land use regulation" shall mean an ordinance or
local law enacted by a municipality with responsibility for zoning and
includes any zoning, subdivision, special use permit or site plan
regulation or any other regulation which prescribes the appropriate use
of property, or scale, location and intensity of development.