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This entry was published on 2014-09-22
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Interim development controls
Executive (EXC) CHAPTER 18, ARTICLE 27
§ 815. Interim development controls. 1. The legislature hereby finds
that development is taking place in the Adirondack park which threatens
the accomplishment of the basic purpose of this article to insure
optimum overall conservation, protection, preservation, development and
use of the park's unique scenic, historic, ecological and natural
resources. Such development presents an imminent danger to the integrity
of an area of the state which has always been considered a priceless
possession of the people of this state. If such development is left
uncontrolled until the land use and development plan is effective and
its implementation is underway, the purposes of this article may be
irreparably and irreversibly compromised. It would, therefore, be
prejudicial to the interests of the people of the state to delay
regulatory action until the land use and development plan becomes
effective as adopted in this article. Accordingly, the agency is
authorized until August one, nineteen hundred seventy-three to exercise
the powers set forth in this section.

2. The agency shall, after public hearing, adopt, and may from time to
time amend, rules and regulations to carry out the purposes of this
section for the review of any proposed development in the Adirondack
park which might have an adverse effect upon the park's unique scenic,
historic, ecological and natural resources, hereinafter referred to as a
project, including criteria by which such project shall be evaluated by
the agency. Such review shall not include review of projects on state
lands within the park. The rules and regulations of the agency currently
in force and effect shall remain in force to the extent consistent with
this section and unless and until otherwise amended.

3. Before adopting or amending such rules and regulations, the agency
shall submit them to the department of environmental conservation for
comments and recommendation.

4. Such rules and regulations may exclude projects in specified areas
or specified kinds of projects and shall exclude (a) bona fide
management, including logging, of forests, woodlands or plantations or
the construction or maintenance of woodroads, landings or temporary
structures, directly associated with such management, (b) bona fide
management of land for agriculture, livestock raising, horticulture and
orchards and (c) any project involving less than five acres and fewer
than five lots, from review under this section.

5. Such rules and regulations shall set forth a procedure for the
informal discussion of preliminary and informal plans for a project and
for preliminary approval or recommendations by the agency with respect
to the project. Such informal discussion shall be optional with the
project sponsor, and no such preliminary approval or recommendations by
the agency shall relieve any agency or person from complying with any
provision of this section.

6. 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.

7. A public or private agency or person proposing to undertake a
project subject to review under this section or the rules and
regulations adopted hereunder, shall submit to the agency a description
thereof, in such form and manner as shall be sufficient to enable the
agency to make the findings and determinations required by this section.
For a period of ninety days following the submission of such description
to the agency, or until such earlier time as the agency may specify,
such agency or person shall not undertake or continue such project. The
agency shall review such description to determine the effect of the
proposed project upon the scenic, historic, ecological and natural
resources of the park, and to assess the commercial, industrial,
residential, recreational or other benefits of the project.

8. If, on or before the conclusion of such ninety-day period and after
a public hearing is held on the project in accordance with subdivision
nine the agency finds that the proposed project (1) is not in
substantial conformity with the policies of this article and (2) would
have a substantial and lasting adverse impact upon such resources of the
park, it may issue an order upon the project sponsor prohibiting the
commencement or continuation of the project until August first, nineteen
hundred seventy-three. The findings and order of the agency shall be in
writing and notice of the findings and order shall be mailed to persons
to whom it is directed at their last known address.

9. Notice of a formal hearing shall be given by conspicuous posting of
the land which is or will be subject to the agency action in question
and by publication at least once in a newspaper of general circulation
in the county or counties wherein such land is situated. In addition,
individual notice shall be given by depositing the same in the mails
addressed at the last known address to: (1) The owner or owners of the
land which is or will be subject to the agency order; (2) the public or
private agency or person proposing to undertake the project; and (3) the
local government or local governments exercising jurisdiction over the
land which is or will be subject to the agency order.

Notices shall be given at least seven days in advance of the hearing
and shall contain a statement describing the matters to be considered at
the hearing, the time and place where further details may be obtained,
and the time and place of the hearing.

10. Any review and determination made pursuant to this section shall
take into account existing local controls.

11. All orders made by the agency shall be enforceable by appropriate
proceedings at law or in equity and any person who violates any
provision of this section or rules, regulations and orders adopted
pursuant thereto may be fined for not more than five hundred dollars or
imprisoned not more than thirty days, or both. Each day the violation
continues is hereby deemed to be a separate offense for purposes of
determining the amount of such fines and length of imprisonment.

12. A project which has been approved by the agency shall also be
subject to approval by local government if such approval is required by

13. In regard to a project with respect to which the ninety-day period
specified in subdivision seven hereof has been commenced on or before
July thirty-first, nineteen hundred seventy-three, unless the agency
approves said project in accordance with the provisions of this section,
the project sponsor may not undertake said project if it is of a type
subject to the agency's project review jurisdiction under section eight
hundred nine until the sponsor has obtained a permit therefor as
required therein.

14. If the agency approves a project reviewed under this section, the
project sponsor may request, within ten days thereafter, and the agency
shall issue within ten days after receipt of such request, a certificate
to the effect that the project is approved and may be undertaken or
continued, and that permit therefor as called for in section eight
hundred nine is not required for such project so long as the project is
completed within two years after issuance of such certificate.
Irrespective of whether a certificate is issued pursuant to this
section, a permit shall be required for the undertaking or continuation
of a project approved under this section if such project is not
completed within two years after its approval.

15. For the purposes of this section, the term "development" shall
mean any activity which materially affects the existing conditions, use
or appearance of any land, structure or improvement including the
division of any land into parcels or units but shall not include the
division of any land resulting from devise, inheritance, gift or
operation of law.