N.Y. Environmental Conservation Law § 55-0119: Local land use regulation within a special groundwater protection area

§ 55-0119. Local land use regulation within a special groundwater

protection area.

Any land use regulation enacted by any town or village located within

a special groundwater protection area which includes a definition of

"open space" must consider the impact of such definition on the water

quality and/or recharge capabilities of the area. Any such definition of

"open space" may also consider other purposes of open space, including,

but not limited to, protection of habitat, farmland, forest, air

quality, view shed protection and recreation. Provided however, that any

definition of open space that allows for or includes recreational uses,

must provide clear guidance as to which recreational uses, improvements

or facilities serve the purpose of protecting water quality and/or

recharge capabilities. "Land use regulation" shall mean an ordinance or

local law enacted by a municipality with responsibility for zoning and

includes any zoning, subdivision, special use permit or site plan

regulation or any other regulation which prescribes the appropriate use

of property, or scale, location and intensity of development.