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This entry was published on 2014-09-22
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State agency projects
Executive (EXC) CHAPTER 18, ARTICLE 27
§ 814. State agency projects. 1. Any state agency which intends to
undertake any new land use or development within the Adirondack park,
other than land use or development by the department of environmental
conservation pursuant to the master plan for management of state lands,
irrespective of whether the land use area wherein the project is
proposed to be located is governed by an approved local land use program
shall give due regard to the provisions of the plan and the shoreline
restrictions and shall file a notice of such intent thereof with the
agency. Such notice shall be filed at the earliest time practicable in
the planning of such project, and in no event later than the submission
of a formal budget request for the funding of such project or any part
thereof. Such notice shall contain a description of the proposed
project, together with such additional information relating thereto as
the agency may determine necessary and appropriate for the purposes of
this section. The state agency shall not undertake such project for a
period of thirty days, or such earlier time as the agency may specify,
following the filing of the notice of intent.

2. During such thirty-day period, the agency may review the project to
determine whether it: a. might be inconsistent with the provisions of
the plan and shoreline restrictions, or

b. may have an undue adverse impact upon the natural, scenic,
aesthetic, ecological, wildlife, historic, recreational or open space
resources of the park, taking into account the economic and social
benefits to be derived from such project. In making such determination,
the agency shall apply the development considerations.

3. If, on or before the conclusion of such thirty-day period, the
agency determines that the project will not be inconsistent with such
provisions or restrictions and will not have an undue adverse impact
upon such resources, it shall report its findings to the state agency.
If the agency determines, at or before the conclusion of such period,
that the project might be inconsistent with such provisions or
restrictions, or might have such an undue adverse impact upon such
resources, it shall notify the state agency by mail, that the agency
will hold public hearing on the project within thirty days of such
notice and, at the same time, issue an order to the state agency not to
undertake the project for up to ninety days following the commencement
of such public hearing. During such ninety-day or lesser period, the
agency shall further review the project and determine whether or not it
will be inconsistent with such provisions or restrictions or have such
undue adverse impact. On or before the conclusion of such ninety-day
period, the agency shall report its findings in the manner provided

4. This section shall not apply to any emergency project which is
immediately necessary for the protection of life or property as defined
by the agency by rule and regulation.

5. The agency may adopt, and have authority to amend or repeal, rules
and regulations, consistent with this section, to govern its procedures
for the reviews authorized by this section.