N.Y. Environmental Conservation Law § 34-0105: Local regulation of coastal erosion hazard areas

§ 34-0105. Local regulation of coastal erosion hazard areas.

1. Within six months after the date on which a final identification of

an erosion hazard area is filed with the clerk of a city, town or

village pursuant to subdivision three of section 34-0104 of this

article, such city, town or village shall submit to the commissioner an

erosion hazard area ordinance or local law applicable to that portion of

such area located within its jurisdiction. Then the commissioner shall

review and certify such regulations as being consistent with the

purposes of this article and in accordance with minimum standards

promulgated under section 34-0108 of this article. All such ordinances

or local laws shall include a map or other identification of the erosion

hazard area subject to regulation, and zoning regulations, subdivision

regulations, site plan approval regulations or any other applications of

the police power, as such regulations may be authorized by the municipal

home rule law or other state enabling legislation, for the reasonable

and prudent use of erosion hazard areas in accordance with minimum

standards promulgated by the commissioner pursuant to section 34-0108 of

this article. Nothing in this article shall be construed to increase the

powers of any city, town or village; provided, however, that to carry

out the purpose of this article, any regulations adopted in compliance

with the provisions of this subdivision may be made applicable to only

that portion of such city, town or village which is located within the

erosion hazard area. The commissioner shall provide whatever technical

assistance he may deem necessary for preparation of an ordinance or

local law pursuant to this section.

2. Such erosion hazard area ordinance or local law shall be subject to

public notification and review and, be submitted to the commissioner for

approval as to its consistency with the minimum standards promulgated

pursuant to section 34-0108 of this article; the commissioner shall act

to approve or disapprove such ordinance or local law within thirty

working days of its receipt. If the commissioner disapproves the

ordinance or local law, he shall notify the city, town or village in

writing of the reasons for such disapproval, or modification necessary

for approval. The commissioner shall issue findings as part of his

decision.

3. In the case of the commissioners disapproval of a local law or

ordinance under subdivision two of this section, the commissioner, at

his discretion, may extend the six month period for the adoption of an

erosion hazard area local law or ordinance for a reasonable time period

not to exceed an additional six months, during which time, the local

government may adopt and re-submit a new or modified local law or

ordinance to the commissioner for approval as provided in subdivision

two of this section. During such extension period, provisions of section

34-0106 of this article shall not apply.

4. Prior to the adoption of any amendment to an approved erosion

hazard area ordinance or local law, the local government shall notify

the commissioner, who shall within fifteen days after receipt of such

notification advise the local government whether such amendment conforms

to the minimum standards promulgated pursuant to section 34-0108 of this

article. Any amendment to such ordinance or local law that relates to

such minimum standards shall be subject to approval by the commissioner

as provided in subdivision two of this section.

5. The commissioner shall revoke his approval of an erosion hazard

area ordinance or local law if he determines, after notice and hearing

relative thereto, that the affected city, town or village has failed to

administer or enforce such ordinance or local law to adequately carry

out the purposes and policies of this article. In the event of such

revocation, the provisions of subdivision seven of section 34-0106 of

this article or the provisions of subdivision three of section 34-0107

of this article shall apply.

6. Where an application is made for any permit, variance or other form

of approval required pursuant to any local law or ordinance enacted or

adopted and approved by the commissioner pursuant to this section, for

any activity or development within a designated erosion hazard area, the

city, town or village to which such application is made shall ascertain

what, if any, other permit, variance or hearing procedures or

applications are required with regard to such activity or by any

governing body of the state or any of its subdivisions pursuant to any

federal, state or local law or ordinance. Such city, town or village, at

the request of the applicant, shall consolidate and coordinate said

application, permit, variance and hearing procedures, as required by

each such governing authority, into a single, comprehensive hearing and

review procedure with regard to such activity or development. However,

nothing contained in this section shall be deemed to limit or restrict

the state, its subdivisions or any other governing authorities, which

are properly a party to such consolidated review proceeding, from the

independent exercise of such discretionary authority with respect to the

issuance, denial or modification of such permits, variances or other

forms of approval as they may have been granted by law.