N.Y. Environmental Conservation Law § 56-0511: Change of use

§ 56-0511. Change of use.

1. At least sixty days before the start of physical alteration or

construction constituting a change of use at a property investigated or

remediated under an environmental restoration project, or at least sixty

days before a change of use at such a property not involving any

physical alteration or construction, as the case may be, the person or

entity proposing to make a change of use shall provide written

notification to the department and the clerks of the county and other

municipalities in which such property is located.

2. No person shall engage in any activity at a property investigated

or remediated under an environmental restoration project that is not

consistent with restrictions placed upon the use of the property, or

that will, or that reasonably is anticipated to: prevent or interfere

significantly with a proposed, ongoing, or completed project; or expose

the public health or the environment to a significantly increased threat

of harm or damage from such property. If the commissioner determines

that a proposed change of use is prohibited pursuant to this section, he

or she shall, within forty-five days after receipt of the complete

notice required by this section, provide the person giving such notice

with a written determination that such change of use will not be

authorized, together with the reasons for such determination.

3. For the purposes of this section:

(i) "change of use" means the transfer of title to all or part of

property subject to an environmental restoration project, the erection

of any structure on such property, and the creation of a park or other

public or private recreational facility on such property, or any

activity that is likely to disrupt or expose contamination or to

increase direct human exposure; or any other conduct that will or may

tend to significantly interfere with an ongoing or completed

environmental restoration project.

(ii) "complete notice" means a notice that adequately apprises the

department of the contemplated physical alteration of the property and

how such alteration may affect the property's proposed, ongoing, or

completed project, or of the proposed new owner's ability to implement

the engineering and institutional controls associated with the property.