N.Y. Environmental Conservation Law § 34-0106: County regulation of coastal erosion hazard areas

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

1. If a city, other than a city which wholly includes one or more

counties, a town or village fails to submit an erosion hazard area

ordinance or local law to the commissioner within the time specified in

subdivision one of section 34-0105 of this article, as such time may be

extended by the commissioner under subdivision three of such section or

if an ordinance or local law has been disapproved pursuant to

subdivision two of such section, the commissioner shall notify the clerk

of the legislative body of the county in which such city, town or

village is located. Within six months from receipt of such notification,

such county shall submit to the commissioner a county erosion hazard

area local law meeting the criteria specified in subdivision one of

section 34-0105 of this article, applicable to the erosion hazard area

of such city, town or village. Notwithstanding any other provisions of

law, whether general or special, or any provision of local law or

ordinance, to carry out the purposes of this section, counties shall,

within the erosion hazard area subject to such county local law, be

deemed to possess the same implementation powers as could be exercised

by the city, town or village within which the erosion hazard area is

situated. The commissioner shall provide whatever technical assistance

he may deem necessary for preparation of a local law pursuant to this

section.

2. Such county erosion hazard area 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 local law within thirty working days of

its receipt. If the commissioner disapproves the local law, he shall

notify the county legislative body 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 case of disapproval of a county erosion hazard area local law

under subdivision two of this section, the commissioner at his

discretion may extend the six month period for adoption of such local

law for a reasonable time period not to exceed an additional six months,

during which time, the county may adopt and re-submit a new or modified

county erosion hazard area local law to the commissioner for approval as

provided in subdivision two of this section.

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

erosion hazard area local law, the county shall notify the commissioner,

who shall within fifteen days after receipt of such notification advise

the county whether such amendment relates to the minimum standards

promulgated pursuant to section 34-0108 of this article. Any amendment

to such 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. Nothing in this section shall be construed to prohibit any city,

town or village from adopting and enforcing any ordinances or local

laws, or exercising any other lawful powers within any area governed by

an approved county erosion hazard area local law; provided, however,

that to the extent of any inconsistency between a city, town or village

ordinance or local law and an approved county erosion hazard area local

law, the latter shall apply.

6. In any city, town or village where there is in effect a county

erosion hazard area local law adopted pursuant to this section, nothing

herein shall be construed as preventing such city, town or village from

submitting, at any time, an erosion hazard area ordinance or local law

to the commissioner for approval pursuant to section 34-0105 of this

article. If such ordinance or local law is approved by the commissioner,

he shall immediately notify the affected county, and the county local

law shall cease to apply to the affected erosion hazard area from the

date of receipt by the county of such notification.

7. (a) If approval of a city (other than a city which wholly includes

one or more counties), town or village erosion hazard area ordinance or

local law is revoked by the commissioner pursuant to subdivision four of

section 34-0105 of this article, the commissioner may designate the

county in which such city, town or village is located to administer and

enforce such city, town or village ordinance or local law so as to

insure compliance of activities or development in the affected erosion

hazard area with the minimum standards promulgated pursuant to section

34-0108 of this article. Such county shall be deemed to possess all

administrative and enforcement powers included in such city, town or

village ordinance or local law.

(b) The commissioner shall reinstate approval of the city, town or

village ordinance or local law when the commissioner is satisfied that

the city, town or village will carry out the purposes and policies of

this article, at which time administration and enforcement by the county

pursuant to this subdivision shall cease, and the city, town or village

shall administer and enforce such ordinance or local law.

8. The commissioner shall revoke his approval of a county erosion

hazard area local law, or shall revoke his designation pursuant to

subdivision six of this section of a county to administer and enforce a

city, town or village ordinance or local law, if he determines, after

notice and hearing relative thereto, that the affected county 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 three of section 34-0107 of

this article shall apply.

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

of approval required pursuant to any local law enacted and approved by

the commissioner pursuant to this section, for any activity or

development within a designated erosion hazard area, the county 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 development by any governing body of the state or

its subdivisions pursuant to any federal, state or local law or

ordinance. Such county, 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.