New York § 27-1425 Change of use

New York Statutes

§ 27-1425 — Change of use

New York § 27-1425

Law ENVEnvironmental Conservation

Title 14Brownfield Cleanup Program

Art. 27Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste

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Bluebook

N.Y. Environmental Conservation § 27-1425 (2026).

Text

§ 27-1425. Change of use.\n  1. At least sixty days before the start of physical alteration or\nconstruction constituting a change of use at a brownfield site or at\nleast sixty days before a change of use at such site not involving any\nphysical alteration or construction, as the case may be, the person or\nentity proposing to make a change of use shall provide written\nnotification to the department.\n  2. No person shall engage in any activity at a brownfield site that is\nnot consistent with restrictions placed upon the use of the property, or\nthat will, or that reasonably is anticipated to: prevent or interfere\nsignificantly with a proposed, ongoing, or completed remedial program;\nor expose the public health or the environment to a significantly\nincreased threat of harm or damage 

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§ 27-1425. Change of use.\n 1. At least sixty days before the start of physical alteration or\nconstruction constituting a change of use at a brownfield site or at\nleast sixty days before a change of use at such site not involving any\nphysical alteration or construction, as the case may be, the person or\nentity proposing to make a change of use shall provide written\nnotification to the department.\n 2. No person shall engage in any activity at a brownfield site that is\nnot consistent with restrictions placed upon the use of the property, or\nthat will, or that reasonably is anticipated to: prevent or interfere\nsignificantly with a proposed, ongoing, or completed remedial program;\nor expose the public health or the environment to a significantly\nincreased threat of harm or damage from such site. If the commissioner\ndetermines that a proposed change of use is prohibited pursuant to this\nsection, he or she shall, within forty-five days after receipt of the\ncomplete notice required by this section, provide the person giving such\nnotice with a written determination that such change of use will not be\nauthorized, together with the reasons for such determination.\n 3. For the purposes of this section:\n (a) "change of use" means the transfer of title to all or part of such\nbrownfield site, the erection of any structure on such site, the\ncreation of a park or other public or private recreational facility on\nsuch site, or any activity that is likely to disrupt or expose\ncontamination or to increase direct human exposure; or any other conduct\nthat will or may tend to significantly interfere with an ongoing or\ncompleted remedial program at such site and the continued ability to\nimplement the engineering and institutional controls associated with\nsuch site.\n (b) "complete notice" means a notice that adequately apprises the\ndepartment of the contemplated change of use of such site and how such\nchange of use may affect the site's proposed, ongoing, or completed\nremedial program.\n