N.Y. Environmental Conservation Law § 43-0115: Restrictions on use of signs and advertising devices

§ 43-0115. Restrictions on use of signs and advertising devices.

1. In order to preserve and enhance the natural beauty of the Lake

George park, to protect and conserve the investment of the state in

forest lands, islands, state campsites and other interests in real

property in said park; to preserve and regulate the said park for public

uses for the resort of the public for recreation, transportation,

pleasure, air, light and enjoyment and to keep it open, safe, clean and

in good order for the welfare of society and to prevent the unrestricted

use of signs, and advertising structures and devices in said park, no

person, partnership, association or corporation shall, except as

provided in subdivisions two and three of this section, erect or

maintain or allow to be erected or maintained within the boundaries of

the Lake George park any advertising sign or advertising structure or

device of any kind, except under written permit from Lake George park

commission.

2. The provisions of this section shall not apply to:

a. Signs erected or maintained upon a parcel of land used for business

purposes in connection with the principal business or principal

businesses conducted thereon, provided that:

(1) Not more than two such signs are erected on such parcel of land,

and such signs are located at least fifty feet apart, and

(2) No such sign has an area of more than forty-eight square feet, and

(3) No such sign extends more than twenty feet above ground level, and

(4) No such sign is placed within ten feet of a highway right of way,

and

(5) No such sign is illuminated by or contains a flashing,

intermittent, rotating, or moving light or lights, and

(6) No such sign moves or the visible portion thereof contains any

moving or animated parts.

b. A sign erected or maintained within an incorporated village.

c. A sign erected by the state, a county, a town or an agency or

department thereof.

3. To effectuate the purposes enumerated in subdivision 1 of this

section, the commission shall establish uniform written rules and

procedures for the application for and granting of permits for the

erection or maintenance of signs, advertising structures and devices for

which permits are required to be obtained from it under this section.

Such rules and procedures shall contain provisions for the granting of

the requisite permit for any such sign, advertising structure or device

erected prior to the effective date of this section for a period of time

not exceeding the remaining or undepreciated useful life of such sign,

advertising structure or device as determined by an appropriate

depreciation formula, provided that no such sign shall be permitted

after July 1, 1973. For such purpose, until July 1, 1973, the commission

shall authorize the use of a formula commonly used for income tax

purposes or the depreciation formula used in the depreciation schedules

of the income tax returns of the owner of such sign, advertising

structure or device.

4. Any action of the commission by which an application for a permit

under this section is denied shall be reviewable pursuant to the

provisions of article 78 of the Civil Practice Law and Rules.