§ 811. Special provisions relating to agency project review
jurisdiction and the shoreline restrictions. 1. Notwithstanding any
other provision of this article, including the provisions of the land
use and development plan and the shoreline restrictions, the following
provisions shall apply in connection with the project review
jurisdiction of the agency under section eight hundred nine and
application of the shoreline restrictions either by the agency in the
review of a project or by operation of section eight hundred six.

a. Single family dwelling on existing vacant lot. One single family
dwelling or mobile home shall be allowed to be built on any vacant lot
which was on record on the date that this act shall become a law
regardless of the overall intensity guidelines, or the minimum lot width
provisions of the shoreline restrictions. For the purposes of this
exemption, such a lot must not adjoin other lots in the same ownership,
provided however, that all such lots in the same ownership may be
treated together as one lot. In addition to the foregoing exemption,
where the agency has jurisdiction, for a reason other than its location
in a critical environmental area, of a single family dwelling or mobile
home on a lot described in this paragraph which is owned by an
individual who has continually owned such lot since May twenty-second,
nineteen hundred seventy-three, it may not disapprove the project on any
of the grounds specified in paragraph e of subdivision ten of section
eight hundred nine, but may impose such reasonable conditions on the
type and manner of placement of any individual on-site sewage disposal
facilities as are in furtherance of the purposes of this article and in
compliance with applicable standards of the department of health.

b. Conversions of certain existing uses. Those structures in existence
on the date that this act shall become a law that are associated with
resort hotels, rental cottages and group camps shall be allowed to be
converted from their previous use to individual single family residence
use, notwithstanding the fact that such structures, as converted, do not
conform to the overall intensity guidelines or the shoreline
restrictions.

c. Gifts, devises and inheritances. The mere division of land
resulting from bona fide gift, devise or inheritance by and from natural
persons shall not be subject to review by the agency. New land use or
development on lots, parcels or sites conveyed by individuals, who on
the date that this act shall become law own such land, to members of
their immediate families by bona fide gift, devise or inheritance, shall
be exempt from the overall intensity guidelines and the minimum lot size
criteria specified in the class B regional project lists for the purpose
of constructing one single family dwelling or mobile home on any such
lot, parcel or site.

2. Any pre-existing land use and development shall not be subject to
review by the agency.

3. Any (a) pre-existing subdivision of land, (b) any subdivision or
portion of a subdivision that involves seventy-five or fewer lots,
parcels or sites for the completion of which any or all permits and
other approvals required by or pursuant to law were obtained after July
first, nineteen hundred seventy-one and for which all such required
permits were in full force and effect on July thirty-first, nineteen
hundred seventy-three, or (c) individual single family dwelling or
mobile home, erected or placed on any lot, parcel or site in any
subdivision referred to in clauses (a) and (b) hereof which has been
approved by the state department of health, shall not be subject to
review by the agency, provided, however, that a subdivision or portion
of a subdivision described in clause (b) hereof shall become subject to
review by the agency on August first, nineteen hundred seventy-four if
such subdivision or portion is not in existence on said date. Any
individual single family dwelling or mobile home referred to in clause
(c) of this subdivision hereof shall not be subject to the minimum lot
width provisions of the shoreline restrictions.

4. With respect to any land use or development or subdivision of land
or portion thereof approved by the agency under its interim project
review authority, in section eight hundred fifteen, such land use or
development or subdivision or portion thereof may proceed in accordance
with the terms of the approval and shall not be subject to further
review by the agency so long as such land use or development or
subdivision or portion thereof is substantially commenced and/or
material expenditures and financial obligations have been incurred with
regard to such land use or development or subdivision or portion thereof
within two years of such approval.

5. Any existing land use or development, including any structure being
restored or rebuilt in whole or in part, being increased or expanded,
whether in successive stages or at one time, to a total of less than
twenty-five percent of its size or square footage at the date of
enactment or when originally built or undertaken, whichever is later,
shall not be subject to review by the agency. Any material increase or
expansion thereafter shall constitute a reviewable land use or
development if otherwise within the agency's review jurisdiction. In no
case shall any increase or expansion violate, or increase non-compliance
with, the minimum setback requirements of the shoreline restrictions.
Notwithstanding the foregoing, a single family dwelling or mobile home
may always be enlarged or rebuilt to any extent provided that it
continues to be used as such, provided, however, that no such increase
or expansion shall violate, or increase any non-compliance with, the
minimum setback requirements of the shoreline restrictions.