§ 34-0106 — County regulation of coastal erosion hazard areas

New York § 34-0106

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 34: Coastal Erosion Hazard Areas

Text

§ 34-0106. County regulation of coastal erosion hazard areas.\n 1. If a city, other than a city which wholly includes one or more\ncounties, a town or village fails to submit an erosion hazard area\nordinance or local law to the commissioner within the time specified in\nsubdivision one of section 34-0105 of this article, as such time may be\nextended by the commissioner under subdivision three of such section or\nif an ordinance or local law has been disapproved pursuant to\nsubdivision two of such section, the commissioner shall notify the clerk\nof the legislative body of the county in which such city, town or\nvillage is located. Within six months from receipt of such notification,\nsuch county shall submit to the commissioner a county erosion hazard\narea local law meeting the criteria specified in subdivision one of\nsection 34-0105 of this article, applicable to the erosion hazard area\nof such city, town or village. Notwithstanding any other provisions of\nlaw, whether general or special, or any provision of local law or\nordinance, to carry out the purposes of this section, counties shall,\nwithin the erosion hazard area subject to such county local law, be\ndeemed to possess the same implementation powers as could be exercised\nby the city, town or village within which the erosion hazard area is\nsituated. The commissioner shall provide whatever technical assistance\nhe may deem necessary for preparation of a local law pursuant to this\nsection.\n 2. Such county erosion hazard area 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 local law within thirty working days of\nits receipt. If the commissioner disapproves the local law, he shall\nnotify the county legislative body in writing of the reasons for such\ndisapproval or modification necessary for approval. The commissioner\nshall issue findings as part of his decision.\n 3. In case of disapproval of a county erosion hazard area local law\nunder subdivision two of this section, the commissioner at his\ndiscretion may extend the six month period for adoption of such local\nlaw for a reasonable time period not to exceed an additional six months,\nduring which time, the county may adopt and re-submit a new or modified\ncounty erosion hazard area local law to the commissioner for approval as\nprovided in subdivision two of this section.\n 4. Prior to the adoption of any amendment to an approved county\nerosion hazard area local law, the county shall notify the commissioner,\nwho shall within fifteen days after receipt of such notification advise\nthe county whether such amendment relates to the minimum standards\npromulgated pursuant to section 34-0108 of this article. Any amendment\nto such local law that relates to such minimum standards shall be\nsubject to approval by the commissioner as provided in subdivision two\nof this section.\n 5. Nothing in this section shall be construed to prohibit any city,\ntown or village from adopting and enforcing any ordinances or local\nlaws, or exercising any other lawful powers within any area governed by\nan approved county erosion hazard area local law; provided, however,\nthat to the extent of any inconsistency between a city, town or village\nordinance or local law and an approved county erosion hazard area local\nlaw, the latter shall apply.\n 6. In any city, town or village where there is in effect a county\nerosion hazard area local law adopted pursuant to this section, nothing\nherein shall be construed as preventing such city, town or village from\nsubmitting, at any time, an erosion hazard area ordinance or local law\nto the commissioner for approval pursuant to section 34-0105 of this\narticle. If such ordinance or local law is approved by the commissioner,\nhe shall immediately notify the affected county, and the county local\nlaw shall cease to apply to the affected erosion hazard area from the\ndate of receipt by the county of such notification.\n 7. (a) If approval of a city (other than a city which wholly includes\none or more counties), town or village erosion hazard area ordinance or\nlocal law is revoked by the commissioner pursuant to subdivision four of\nsection 34-0105 of this article, the commissioner may designate the\ncounty in which such city, town or village is located to administer and\nenforce such city, town or village ordinance or local law so as to\ninsure compliance of activities or development in the affected erosion\nhazard area with the minimum standards promulgated pursuant to section\n34-0108 of this article. Such county shall be deemed to possess all\nadministrative and enforcement powers included in such city, town or\nvillage ordinance or local law.\n (b) The commissioner shall reinstate approval of the city, town or\nvillage ordinance or local law when the commissioner is satisfied that\nthe city, town or village will carry out the purposes and policies of\nthis article, at which time administration and enforcement by the county\npursuant to this subdivision shall cease, and the city, town or village\nshall administer and enforce such ordinance or local law.\n 8. The commissioner shall revoke his approval of a county erosion\nhazard area local law, or shall revoke his designation pursuant to\nsubdivision six of this section of a county to administer and enforce a\ncity, town or village ordinance or local law, if he determines, after\nnotice and hearing relative thereto, that the affected county has failed\nto administer 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 three of section 34-0107 of\nthis article shall apply.\n 9. Where an application is made for any permit, variance or other form\nof approval required pursuant to any local law enacted and approved by\nthe commissioner pursuant to this section, for any activity or\ndevelopment within a designated erosion hazard area, the county to which\nsuch application is made shall ascertain what, if any, other permit,\nvariance or hearing procedures or applications are required with regard\nto such activity or development by any governing body of the state or\nits subdivisions pursuant to any federal, state or local law or\nordinance. Such county, at the request of the applicant, shall\nconsolidate and coordinate said application, permit, variance and\nhearing procedures, as required by each such governing authority, into a\nsingle, comprehensive hearing and review procedure with regard to such\nactivity or development. However, nothing contained in this section\nshall be deemed to limit or restrict the state, its subdivisions, or any\nother governing authorities, which are properly a party to such\nconsolidated review proceeding, from the independent exercise of such\ndiscretionary authority with respect to the issuance, denial or\nmodification of such permits, variances or other forms of approval as\nthey may have been granted by law.\n