§ 819 — Applicability

New York § 819

• Jurisdiction: New York
• Law EXC: Executive
• Art. 27: Adirondack Park Agency

Text

§ 819. Applicability. 1. No provision of this article shall be\nconstrued to prohibit any local government from adopting and enforcing\nland use and development controls for lands, other than those owned by\nthe state.\n 2. Any local land use program which has been validly enacted or\nadopted by a municipality shall be valid and enforceable notwithstanding\nits not having been approved by the agency, and any new land use or\ndevelopment or subdivision of land shall be subject to the provisions of\nsuch local land use program and to the shoreline restrictions contained\nin section eight hundred six. If the agency has project review\njurisdiction over any such land use or development or subdivision of\nland under section eight hundred nine, such land use, development or\nsubdivision shall, in addition to its being subject to the provisions of\nany such local land use program, be subject to such agency jurisdiction.\nThe project sponsor may not undertake or continue such land use,\ndevelopment or subdivision, however, or any part thereof,\nnotwithstanding the granting of a permit therefor by the agency, unless\nsuch undertaking or continuance is also permitted by the municipality\nunder and in accordance with the provisions of its local land use\nprogram.\n 3. No provision of this article shall be deemed to prohibit any land\nuse and development or subdivision of land existing prior to the\neffective date of this article, including those uses and development and\nsubdivisions of land expressly not subject to agency review as provided\nin section eight hundred eleven.\n 4. Nothing in this article shall be construed to empower the agency to\nacquire any interest in real property by purchase or condemnation. No\nright of first refusal or first option to purchase in favor of the\nagency, the department of environmental conservation or any other state\nagency shall in any way be created by this article or the land use and\ndevelopment plan.\n 5. Nothing in this article shall be construed to supersede or replace\nor diminish in any way any regulatory or review authority of any other\nstate agency.\n