New York Environmental Conservation Code § 34-0105

Local regulation of coastal erosion hazard areas
Open in Lexace · Ask the AI about this section
§ 34-0105. Local regulation of coastal erosion hazard areas.\n  1. Within six months after the date on which a final identification of\nan erosion hazard area is filed with the clerk of a city, town or\nvillage pursuant to subdivision three of section 34-0104 of this\narticle, such city, town or village shall submit to the commissioner an\nerosion hazard area ordinance or local law applicable to that portion of\nsuch area located within its jurisdiction. Then the commissioner shall\nreview and certify such regulations as being consistent with the\npurposes of this article and in accordance with minimum standards\npromulgated under section 34-0108 of this article. All such ordinances\nor local laws shall include a map or other identification of the erosion\nhazard area subject to regulation, and zoning regulations, subdivision\nregulations, site plan approval regulations or any other applications of\nthe police power, as such regulations may be authorized by the municipal\nhome rule law or other state enabling legislation, for the reasonable\nand prudent use of erosion hazard areas in accordance with minimum\nstandards promulgated by the commissioner pursuant to section 34-0108 of\nthis article. Nothing in this article shall be construed to increase the\npowers of any city, town or village; provided, however, that to carry\nout the purpose of this article, any regulations adopted in compliance\nwith the provisions of this subdivision may be made applicable to only\nthat portion of such city, town or village which is located within the\nerosion hazard area. The commissioner shall provide whatever technical\nassistance he may deem necessary for preparation of an ordinance or\nlocal law pursuant to this section.\n  2. Such erosion hazard area ordinance or local law shall be subject to\npublic notification and review and, be submitted to the commissioner for\napproval as to its consistency with the minimum standards promulgated\npursuant to section 34-0108 of this article; the commissioner shall act\nto approve or disapprove such ordinance or local law within thirty\nworking days of its receipt. If the commissioner disapproves the\nordinance or local law, he shall notify the city, town or village in\nwriting of the reasons for such disapproval, or modification necessary\nfor approval. The commissioner shall issue findings as part of his\ndecision.\n  3. In the case of the commissioners disapproval of a local law or\nordinance under subdivision two of this section, the commissioner, at\nhis discretion, may extend the six month period for the adoption of an\nerosion hazard area local law or ordinance for a reasonable time period\nnot to exceed an additional six months, during which time, the local\ngovernment may adopt and re-submit a new or modified local law or\nordinance to the commissioner for approval as provided in subdivision\ntwo of this section. During such extension period, provisions of section\n34-0106 of this article shall not apply.\n  4. Prior to the adoption of any amendment to an approved erosion\nhazard area ordinance or local law, the local government shall notify\nthe commissioner, who shall within fifteen days after receipt of such\nnotification advise the local government whether such amendment conforms\nto the minimum standards promulgated pursuant to section 34-0108 of this\narticle. Any amendment to such ordinance or local law that relates to\nsuch minimum standards shall be subject to approval by the commissioner\nas provided in subdivision two of this section.\n  5. The commissioner shall revoke his approval of an erosion hazard\narea ordinance or local law if he determines, after notice and hearing\nrelative thereto, that the affected city, town or village has failed to\nadminister or enforce such ordinance or local law to adequately carry\nout the purposes and policies of this article. In the event of such\nrevocation, the provisions of subdivision seven of section 34-0106 of\nthis article or the provisio

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.