§ 34-0107 — Department regulation of coastal erosion hazard areas

New York § 34-0107

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

Text

§ 34-0107. Department regulation of coastal erosion hazard areas.\n 1. If a city which wholly includes one or more counties fails to\nsubmit an erosion hazard area local law or ordinance to the commissioner\nwithin the time specified in subdivision one of section 34-0105 of this\narticle, as such time may be extended by the commissioner under\nsubdivision three of such section, or if such local law or ordinance has\nbeen disapproved pursuant to subdivision two of such section, or if a\ncounty fails to submit an erosion hazard area local law to the\ncommissioner within the time specified in subdivision one of section\n34-0106 of this article as such time may be extended by the commissioner\nunder subdivision three of such section, or if a county local law has\nbeen disapproved pursuant to subdivision two of such section, the\ncommissioner shall, within ninety days after such failure or\ndisapproval, as the case may be, issue and enforce regulations which\napply the minimum standards promulgated pursuant to section 34-0108 of\nthis article within the affected erosion hazard area.\n 2. Prior to the issuance of regulations applicable to a particular\nerosion hazard area pursuant to subdivision one of this section, the\ncommissioner shall hold a public hearing thereon in the affected city,\ntown or village, and shall give at least fifteen days prior notice\nthereof by publication at least once in a newspaper having general\ncirculation therein. The commissioner shall issue the regulations within\nthirty days after the close of such hearing, shall publish a summary of\nsuch regulations in a newspaper having general circulation in the\naffected city, town or village, and shall make such regulations\navailable for public inspection. Such regulations shall not take effect\nuntil thirty days after the filing thereof with the clerk of the\naffected county.\n 3. If the commissioner does not designate, pursuant to subdivision\neight of section 34-0106 of this article, a county to administer and\nenforce a city, town or village erosion hazard area ordinance or local\nlaw for which approval has been revoked pursuant to subdivision five of\nsection 34-0105 of this article, or if the commissioner, pursuant to\nsubdivision seven of section 34-0106 of this article, revokes his\napproval of a county erosion hazard area local law or, pursuant to such\nsubdivision revokes his designation of a county to administer and\nenforce a city, town or village erosion hazard area ordinance or local\nlaw, he shall administer and enforce the affected ordinance or local law\nin such manner as to insure compliance of activities or development in\nthe affected erosion hazard area with the minimum standards promulgated\npursuant to section 34-0108 of this article. The commissioner may\ndesignate such county to commence administration and enforcement of an\nordinance or local law subject to this subdivision upon receiving\nsatisfactory assurance that such administration and enforcement will be\nundertaken in such manner as to adequately carry out the purposes and\npolicies of this article.\n 4. Nothing in this section shall be construed to prohibit any local\ngovernment from adopting and enforcing any ordinances or local laws, or\nexercising any other lawful powers within any area governed by erosion\nhazard area regulations adopted pursuant to this section; provided,\nhowever, that to the extent of any inconsistency between a county, city,\ntown or village ordinance or local law and erosion hazard area\nregulations adopted pursuant to this section, the latter shall apply.\n 5. In any city, town or village where there are in effect erosion\nhazard area regulations issued by the commissioner pursuant to this\nsection, nothing herein shall be construed as preventing such city, town\nor village from submitting, at any time, an erosion hazard area\nordinance or local law to the commissioner for approval pursuant to\nsection 34-0105 of this article, or for any county to provide such\nregulation in absence of local law or ordinance, pursuant to section\n34-0106 of this article. Before county assumption of such regulation,\nthere shall be notification given to the city, town or village of such\nintention by the county, and any objections shall be reviewed and\nconsidered by the commissioner before approving such county regulation.\nWhen a county, city, town or village local law or ordinance is approved\nby the commissioner, the erosion hazard area regulations issued by the\ncommissioner pursuant to this section shall cease to apply, and a notice\nto that effect shall be filed with the clerks of the affected local\ngovernments.\n 6. Consistent with the provisions and purposes of article seventy of\nthis chapter, where an application is made to the commissioner for a\npermit pursuant to section 34-0109 of this article for any activity or\ndevelopment within a designated erosion hazard area, the commissioner\nshall ascertain what, if any, other permit, variance or hearing\nprocedures or applications are required with regard to such activity or\ndevelopment by any governing body of the state or any of its\nsubdivisions pursuant to any federal, state or local law or ordinance.\nThe commissioner, at the request of the applicant shall consolidate and\ncoordinate said application, permit, variance and hearing procedures, as\nrequired by each such governing authority, into a single, comprehensive\nhearing and review procedure with regard to such activity or\ndevelopment. However, nothing contained in this section shall be deemed\nto limit or restrict the state, its subdivisions or any other governing\nauthorities, which are properly a party to such consolidated review\nproceeding, from the independent exercise of such discretionary\nauthority with respect to the issuance, denial or modification of such\npermits, variances or other forms of approval as they may have been\ngranted by law.\n