N.Y. Environmental Conservation Law § 27-1425: Change of use

§ 27-1425. Change of use.

1. At least sixty days before the start of physical alteration or

construction constituting a change of use at a brownfield site or at

least sixty days before a change of use at such site not involving any

physical alteration or construction, as the case may be, the person or

entity proposing to make a change of use shall provide written

notification to the department.

2. No person shall engage in any activity at a brownfield site that is

not consistent with restrictions placed upon the use of the property, or

that will, or that reasonably is anticipated to: prevent or interfere

significantly with a proposed, ongoing, or completed remedial program;

or expose the public health or the environment to a significantly

increased threat of harm or damage from such site. If the commissioner

determines that a proposed change of use is prohibited pursuant to this

section, he or she shall, within forty-five days after receipt of the

complete notice required by this section, provide the person giving such

notice with a written determination that such change of use will not be

authorized, together with the reasons for such determination.

3. For the purposes of this section:

(a) "change of use" means the transfer of title to all or part of such

brownfield site, the erection of any structure on such site, the

creation of a park or other public or private recreational facility on

such site, or any activity that is likely to disrupt or expose

contamination or to increase direct human exposure; or any other conduct

that will or may tend to significantly interfere with an ongoing or

completed remedial program at such site and the continued ability to

implement the engineering and institutional controls associated with

such site.

(b) "complete notice" means a notice that adequately apprises the

department of the contemplated change of use of such site and how such

change of use may affect the site's proposed, ongoing, or completed

remedial program.