N.Y. Environmental Conservation Law § 34-0113: Applicability

§ 34-0113. Applicability.

The provisions of this article shall not apply to any activities or

development for which final approval shall have been obtained from the

local government or other authorities having jurisdiction over such

activities or development, if such final approval was obtained prior to

the date of approval of erosion hazard area regulations by the

commissioner pursuant to section 34-0105 or 34-0106 of this article, or

promulgation of such regulations pursuant to section 34-0107 of this

article. As used in this section, the term "final approval" shall mean:

1. in the case of subdivision of land, conditional or preliminary

approval of such plat pursuant to section two hundred seventy-six of the

town law, section 7-728 of the village law or section thirty-two of the

general city law; provided, however, that final plat approval is granted

within six months of preliminary plat approval.

2. in the case of a site plan not involving the subdivision of land,

approval by the appropriate body or office of a city, town or village of

the site plan.

3. in those cases not covered by subdivision one or two of this

section, the issuance of a building permit or other authorization for

the commencement of the activities or development for which such permit

or authorization was issued or in those local governments which do not

require such permits or authorizations, the actual commencement of the

activities or development.