N.Y. Environmental Conservation Law § 34-0107: Department regulation of coastal erosion hazard areas

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

1. If a city which wholly includes one or more counties fails to

submit an erosion hazard area local law or ordinance 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 such local law or ordinance has

been disapproved pursuant to subdivision two of such section, or if a

county fails to submit an erosion hazard area local law to the

commissioner within the time specified in subdivision one of section

34-0106 of this article as such time may be extended by the commissioner

under subdivision three of such section, or if a county local law has

been disapproved pursuant to subdivision two of such section, the

commissioner shall, within ninety days after such failure or

disapproval, as the case may be, issue and enforce regulations which

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

this article within the affected erosion hazard area.

2. Prior to the issuance of regulations applicable to a particular

erosion hazard area pursuant to subdivision one of this section, the

commissioner shall hold a public hearing thereon in the affected city,

town or village, and shall give at least fifteen days prior notice

thereof by publication at least once in a newspaper having general

circulation therein. The commissioner shall issue the regulations within

thirty days after the close of such hearing, shall publish a summary of

such regulations in a newspaper having general circulation in the

affected city, town or village, and shall make such regulations

available for public inspection. Such regulations shall not take effect

until thirty days after the filing thereof with the clerk of the

affected county.

3. If the commissioner does not designate, pursuant to subdivision

eight of section 34-0106 of this article, a county to administer and

enforce a city, town or village erosion hazard area ordinance or local

law for which approval has been revoked pursuant to subdivision five of

section 34-0105 of this article, or if the commissioner, pursuant to

subdivision seven of section 34-0106 of this article, revokes his

approval of a county erosion hazard area local law or, pursuant to such

subdivision revokes his designation of a county to administer and

enforce a city, town or village erosion hazard area ordinance or local

law, he shall administer and enforce the affected ordinance or local law

in such manner 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. The commissioner may

designate such county to commence administration and enforcement of an

ordinance or local law subject to this subdivision upon receiving

satisfactory assurance that such administration and enforcement will be

undertaken in such manner as to adequately carry out the purposes and

policies of this article.

4. Nothing in this section shall be construed to prohibit any local

government from adopting and enforcing any ordinances or local laws, or

exercising any other lawful powers within any area governed by erosion

hazard area regulations adopted pursuant to this section; provided,

however, that to the extent of any inconsistency between a county, city,

town or village ordinance or local law and erosion hazard area

regulations adopted pursuant to this section, the latter shall apply.

5. In any city, town or village where there are in effect erosion

hazard area regulations issued by the commissioner 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, or for any county to provide such

regulation in absence of local law or ordinance, pursuant to section

34-0106 of this article. Before county assumption of such regulation,

there shall be notification given to the city, town or village of such

intention by the county, and any objections shall be reviewed and

considered by the commissioner before approving such county regulation.

When a county, city, town or village local law or ordinance is approved

by the commissioner, the erosion hazard area regulations issued by the

commissioner pursuant to this section shall cease to apply, and a notice

to that effect shall be filed with the clerks of the affected local

governments.

6. Consistent with the provisions and purposes of article seventy of

this chapter, where an application is made to the commissioner for a

permit pursuant to section 34-0109 of this article for any activity or

development within a designated erosion hazard area, the commissioner

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 any of its

subdivisions pursuant to any federal, state or local law or ordinance.

The commissioner, 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.