N.Y. Executive Law § 810: Class A and class B regional projects

§ 810. Class A and class B regional projects. All references in this

article to class A regional projects or to class B regional projects

shall mean, for the land use areas indicated, the following new land

uses or development or subdivisions of land: 1. Class A regional

projects. a. Hamlet areas. (1) All land uses and development and all

subdivisions of land involving wetlands except for forestry uses (other

than timber harvesting that includes a proposed clearcutting of any

single unit of land of more than twenty-five acres), agricultural uses,

public utility uses, and accessory uses or structures (other than signs)

to any such use or to any pre-existing use.

(2) Any class of land use or development or subdivision of land that

by agreement between a local government and the agency, either prior to

or at the time a local land use program is approved by the agency, is to

be reviewed by the agency; provided, however, that any class of projects

so agreed upon must be designated by and its review authorized in a

local ordinance or local law.

(3) All land uses and development and all subdivisions of land

involving one hundred or more residential lots, parcels or sites or

residential units, whether designed for permanent, seasonal or transient

use.

(4) All structures in excess of forty feet in height, except

agricultural use structures and residential radio and television

antennas.

(5) Commercial or private airports.

(6) Watershed management and flood control projects.

(7) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

b. Moderate intensity use areas. (1) All land uses and development and

all subdivisions of land located in the following critical environmental

areas: (a) within one-quarter mile of rivers navigable by boat

designated to be studied as wild, scenic or recreational in accordance

with the environmental conservation law during the period of such

designation; (b) involving wetlands; (c) at elevations of twenty-five

hundred feet or more; (d) within one-eighth mile of tracks of forest

preserve land or water now or hereafter classified as wilderness,

primitive or canoe in the master plan for management of state lands,

except for an individual single family dwelling and accessory uses or

structures thereto. Provided, however, that the above shall not include

forestry uses (other than clear-cutting as specified in number nine

below), agricultural uses, open space recreation uses, public utility

uses, and accessory uses or structures (other than signs) to any such

use or to any pre-existing use.

(2) Any class of land use or development or subdivision of land that

by agreement between a local government and the agency, either prior to

or at the time a local land use program is approved by the agency, is to

be reviewed by the agency; provided, however, that any class of projects

so agreed upon must be designated by and its review authorized in a

local ordinance or local law.

(3) All land uses and development and all subdivisions of land

involving seventy-five or more residential lots, parcels or sites or

residential units, whether designed for permanent, seasonal or transient

use.

(4) Commercial or agricultural service uses involving ten thousand or

more square feet of floor space.

(5) All structures in excess of forty feet in height, except

agricultural use structures and residential radio and television

antennas.

(6) Tourist attractions.

(7) Ski centers.

(8) Commercial or private airports.

(9) Timber harvesting that includes a proposed clearcutting of any

single unit of land of more than twenty-five acres.

(10) Sawmills, chipping mills, pallet mills and similar wood using

facilities.

(11) Mineral extractions.

(12) Mineral extraction structures.

(13) Watershed management and flood control projects.

(14) Sewage treatment plants.

(15) Major public utility uses.

(16) Industrial uses.

(17) Community housing as defined in subdivision seventeen-a of

section eight hundred two of this article.

(18) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

c. Low intensity use areas. (1) All land uses and development and all

subdivisions of land located in the following critical environmental

areas: (a) within one-quarter mile of rivers navigable by boat

designated to be studied as wild, scenic or recreational in accordance

with the environmental conservation law during the period of such

designation; (b) involving wetlands; (c) at elevations of twenty-five

hundred feet or more; (d) within one-eighth mile of tracts of forest

preserve land now or hereafter classified as wilderness, primitive or

canoe in the master plan for management of state lands, except for an

individual single family dwelling and accessory uses or structures

thereto. Provided, however, that the above shall not include forestry

uses (other than clear-cutting as specified in number nine below),

agricultural uses, open space recreation uses, public utility uses, and

accessory uses or structures (other than signs) to any such use or to

any pre-existing use.

(2) Any class of land use or development or subdivision of land that

by agreement between a local government and the agency, either prior to

or at the time a local land use program is approved by the agency, is to

be reviewed by the agency; provided, however, that any class of projects

so agreed upon must be designated by and its review authorized in a

local ordinance or local law.

(3) All land uses and development and all subdivisions of land

involving thirty-five or more residential lots, parcels or sites or

residential units, whether designed for permanent, seasonal or transient

use.

(4) Commercial or agricultural service uses involving five thousand or

more square feet of floor space.

(5) All structures in excess of forty feet in height, except

agricultural use structures and residential radio and television

antennas.

(6) Tourist attractions.

(7) Ski centers.

(8) Commercial or private airports.

(9) Timber harvesting that includes a proposed clearcutting of any

single unit of land of more than twenty-five acres.

(10) Sawmills, chipping mills, pallet mills and similar wood using

facilities.

(11) Mineral extractions.

(12) Mineral extraction structures.

(13) Watershed management and flood control projects.

(14) Sewage treatment plants.

(15) Waste disposal areas.

(16) Junkyards.

(17) Major public utility uses.

(18) Industrial uses.

(19) Community housing as defined in subdivision seventeen-a of

section eight hundred two of this article.

(20) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

d. Rural use areas. (1) All land uses and development and all

subdivisions of land located in the following critical environmental

areas: (a) within one-quarter mile of rivers navigable by boat

designated to be studied as wild, scenic or recreational in accordance

with the environmental conservation law during the period of such

designation; (b) involving wetlands; (c) at elevations of twenty-five

hundred feet or more; (d) within one-eighth mile of tracts of forest

preserve land or water now or hereafter classified as wilderness,

primitive or canoe in the master plan for management of state lands,

except for an individual single family dwelling and accessory uses or

structures thereto; (e) within one hundred fifty feet of the edge of the

right of way of federal or state highways, except for an individual

single family dwelling and accessory uses or structures thereto; (f)

within one hundred fifty feet of the edge of the right of way of county

highways designated by rule or regulation of the agency adopted pursuant

to subdivision fourteen of section eight hundred nine or in an approved

local land use program, as major travel corridors by the agency or local

government, except for an individual single family dwelling and

accessory uses or structures thereto. Provided, however, that the above

shall not include forestry uses (other than clear-cutting as specified

in number ten below and sand and gravel pits associated with such uses

located within one hundred fifty feet of the edge of the right of way of

the above described travel corridors), agricultural uses (other than

sand and gravel pits associated with such uses located within one

hundred fifty feet of the edge of the right of way of the above

described travel corridors), open space recreation uses, public utility

uses, and accessory uses or structures (other than signs) to any such

uses or to any pre-existing use.

(2) Any class of land use or development or subdivision of land that

by agreement between a local government and the agency, either prior to

or at the time a local land use program is approved by the agency, is to

be reviewed by the agency; provided, however, that any class of projects

so agreed upon must be designated by and its review authorized in a

local ordinance or local law.

(3) All land uses and development and all subdivisions of land

involving twenty or more residential lots, parcels or sites or

residential units, whether designed for permanent, seasonal or transient

use.

(4) Commercial and agricultural service uses involving twenty-five

hundred or more square feet of floor space.

(5) All structures in excess of forty feet in height, except

agricultural use structures and residential radio and television

antennas.

(6) Tourist accommodations.

(7) Ski centers.

(8) Commercial seaplane bases.

(9) Commercial or private airports.

(10) Timber harvesting that includes a proposed clearcutting of any

single unit of land of more than twenty-five acres.

(11) Sawmills, chipping mills, pallet mills and similar wood using

facilities.

(12) Mineral extractions.

(13) Mineral extraction structures.

(14) Watershed management and flood control projects.

(15) Sewage treatment plants.

(16) Waste disposal areas.

(17) Junkyards.

(18) Major public utility uses.

(19) Industrial use.

(20) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

e. Resource management areas. (1) All land uses and development and

all subdivisions of land located in the following critical environmental

areas: (a) within one-quarter mile of rivers navigable by boat

designated to be studied as wild, scenic or recreational in accordance

with the environmental conservation law during the period of such

designation; (b) involving wetlands; (c) at elevations of twenty-five

hundred feet or more; (d) within one-eighth mile of tracts of forest

preserve land or water now or hereafter classified as wilderness,

primitive or canoe in the master plan for management of state lands,

except for an individual single family dwelling and accessory uses or

structures thereto; (e) within three hundred feet of the edge of the

right of way of federal or state highways, except for an individual

single family dwelling and accessory uses or structures thereto; (f)

within three hundred feet of the edge of the right of way of county

highways designated as major travel corridors by rule or regulation of

the agency adopted pursuant to subdivision fourteen of section eight

hundred nine or in an approved local land use program, except for an

individual single family dwelling and accessory uses or structures

thereto. Provided, however, that the above shall not include forestry

uses (other than clearcutting as specified in number eleven below and

sand and gravel pits associated with such uses located within three

hundred feet of the edge of the right of way of the above described

travel corridors), agricultural uses (other than sand and gravel pits

associated with such uses located within three hundred feet of the edge

of the right of way of the above described travel corridors), open space

recreation uses, public utility uses, and accessory uses or structures

(other than signs) to any such uses or to any pre-existing use.

(2) Any class of land use or development or subdivision of land that

by agreement between a local government and the agency, either prior to

or at the time a local land use program is approved by the agency, is to

be reviewed by the agency; provided, however, that any class of projects

so agreed upon must be designated by and its review authorized in a

local ordinance or local law.

(3) All subdivisions of land (and all land uses and development

related thereto) involving two or more lots, parcels or sites.

(4) Campgrounds involving fifty or more sites.

(5) Group camps.

(6) Ski centers and related tourist accommodations.

(7) Agricultural service uses.

(8) All structures in excess of forty feet in height, except

agricultural use structures and residential radio and television

antennas.

(9) Sawmills, chipping mills and pallet mills and similar wood using

facilities.

(10) Commercial sand and gravel extractions.

(11) Timber harvesting that includes a proposed clearcutting of any

single unit of land of more than twenty-five acres.

(12) Mineral extractions.

(13) Mineral extraction structures.

(14) Watershed management and flood control projects.

(15) Sewage treatment plants.

(16) Major public utility uses.

(17) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

f. Industrial use areas.

(1) Mineral extractions.

(2) Mineral extraction structures.

(3) Commercial sand and gravel extractions.

(4) Major public utility uses.

(5) Sewage treatment plants.

(6) Waste disposal areas.

(7) Junkyards.

(8) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

2. Class B regional projects. a. Moderate intensity use areas. (1)

Subdivisions of land (and all land uses and development related thereto)

involving fifteen or more but less than seventy-five lots, parcels or

sites, other than subdivisions of land involving mobile homes.

(2) Subdivisions of land (and all land uses and development related

thereto) involving less than fifteen lots, parcels or sites, other than

subdivisions of land involving mobile homes, which do not meet the

following criteria: (a) In the case of such subdivisions involving land

having shoreline, each lot, parcel or site is at least twenty-five

thousand square feet in size and complies with all of the provisions of

the shoreline restrictions.

(b) In the case of such subdivisions not involving land having

shoreline, each lot, parcel or site is at least forty thousand square

feet in size.

Any subdivision or subsequent subdivision of such land, either by the

original owner or subsequent owners, shall be subject to review as a

class B regional project where the total number of lots, parcels or

sites resulting from such subdivision and any prior subdivision or

subdivisions exceeds fourteen.

(3) Multiple family dwellings.

(4) Mobile home courts.

(5) Subdivisions of land involving mobile homes (and all land uses and

development related thereto) and involving two or more lots, parcels or

sites.

(6) Public and semi-public buildings.

(7) Municipal roads.

(8) Commercial or agricultural service uses involving less than ten

thousand square feet of floor space.

(9) Tourist accommodations.

(10) Marinas, boatyards and boat launching sites.

(11) Golf courses.

(12) Campgrounds.

(13) Group camps.

(14) Commercial seaplane bases.

(15) Commercial sand and gravel extractions.

(16) Land use or development or subdivisions of land involving the

clustering of buildings on land having shoreline on the basis of a

specified number of principal buildings per linear mile or proportionate

fraction thereof, as provided for in the shoreline restrictions.

(17) Any land use or development not now or hereafter included on

either the list of primary uses or the list of secondary uses for

moderate intensity use areas.

(18) An individual single family dwelling within one-eighth mile of

tracts of forest preserve land or water now or hereafter classified as

wilderness primitive or canoe in the master plan for management of state

lands.

(19) All land uses and development and all subdivisions of land within

one-quarter mile of rivers designated to be studied as wild, scenic or

recreational in accordance with the environmental conservation law,

other than those navigable by boat, during the period of such

designation.

(20) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

b. Low intensity use areas. (1) Subdivisions of land (and all land

uses and development related thereto) involving ten or more but less

than thirty-five lots, parcels or sites, other than subdivisions of land

involving mobile homes.

(2) Subdivisions of land (and all land uses and development related

thereto) involving less than ten lots, parcels or sites which do not

meet the following criteria: (a) In the case of such subdivisions

involving land having shoreline, each lot, parcel or site is at least

fifty thousand square feet in size and complies with all of the

provisions of the shoreline restrictions.

(b) In the case of such subdivisions not involving land having

shoreline, each lot, parcel or site is at least one hundred twenty

thousand square feet in size.

Any subdivision or subsequent subdivision of such land, either by the

original owner or subsequent owners, shall be subject to review as a

class B regional project where the total number of lots, parcels or

sites resulting from such subdivision and any prior subdivision or

subdivisions exceeds nine.

(3) Multiple family dwellings.

(4) Mobile home courts.

(5) Mobile home subdivisions (and all land uses and development

related thereto) involving two or more lots, parcels or sites.

(6) Public and semi-public buildings.

(7) Municipal roads.

(8) Commercial or agricultural service uses involving less than five

thousand square feet of floor space.

(9) Tourist accommodations.

(10) Marinas, boatyards and boat launching sites.

(11) Golf courses.

(12) Campgrounds.

(13) Group camps.

(14) Commercial seaplane bases.

(15) Commercial sand and gravel extractions.

(16) Land use or development or subdivision of land involving the

clustering of buildings on land having shoreline on the basis of a

specified number of principal buildings per linear mile or proportionate

fraction thereof, as provided for in the shoreline restrictions.

(17) Any land use or development not now or hereafter included on

either the list of primary uses or the list of secondary uses for low

intensity use areas.

(18) An individual single family dwelling within one-eighth mile of

tracts of forest preserve land or water now or hereafter classified as

wilderness, primitive or canoe in the master plan for management of

state lands.

(19) All land uses and development and all subdivisions of land within

one-quarter mile of rivers designated to be studied as wild, scenic or

recreational in accordance with the environmental conservation law,

other than those navigable by boat, during the period of such

designation.

(20) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

c. Rural use areas. (1) Subdivisions of land (and all land uses and

development related thereto) involving five or more but less than twenty

lots, parcels or sites, other than subdivisions of land involving mobile

homes.

(2) Subdivisions of land (and all land uses and development related

thereto) involving less than five lots, parcels or sites which do not

meet the following criteria: (a) In the case of such subdivisions

involving land having shoreline, each lot, parcel or site is at least

eighty thousand square feet in size and complies with all of the

provisions of the shoreline restrictions of the plan.

(b) In the case of such subdivisions not involving land having

shoreline, each lot, parcel or site is at least three hundred twenty

thousand square feet in size.

Any subdivision or subsequent subdivision of such land, either by the

original owner or subsequent owners, shall be subject to review as a

class B regional project where the total number of lots, parcels or

sites resulting from such subdivision and any prior subdivision or

subdivisions exceeds four.

(3) Multiple family dwellings.

(4) Mobile home courts.

(5) Mobile home subdivisions (and all land uses and development

related thereto) involving two or more lots, parcels or sites.

(6) Public and semi-public buildings.

(7) Municipal roads.

(8) Marinas, boatyards and boat launching sites.

(9) Golf courses.

(10) Campgrounds.

(11) Group camps.

(12) Commercial sand and gravel extractions.

(13) Land use or development or subdivision of land involving the

clustering of buildings on land having shoreline on the basis of a

specified number of principal buildings per linear mile or proportionate

fraction thereof, as provided for in the shoreline restrictions.

(14) All land uses and development and all subdivisions of land within

one quarter mile of rivers designated to be studied as wild, scenic or

recreational in accordance with the environmental conservation law,

other than those navigable by boat, during the period of such

designation.

(15) Any land use or development not now or hereafter included on

either the list of primary uses or the list of secondary uses for rural

use areas.

(16) Commercial and agricultural service uses involving less than

twenty-five hundred square feet.

(17) An individual single family dwelling within one-eighth mile of

tracts of forest preserve land or water described in item (d) of clause

(1) of paragraph d of subdivision one or within one hundred fifty feet

of a travel corridor described in such paragraph.

(18) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

d. Resource management areas. (1) Single family dwellings.

(2) Individual mobile homes.

(3) Forestry use structures.

(4) Hunting and fishing cabins and hunting and fishing and other

private club structures involving five hundred or more square feet of

floor space.

(5) Land use or development or subdivision of land involving the

clustering of buildings on land having shoreline on the basis of a

specified number of principal buildings per linear mile or proportionate

fraction thereof, as provided in the shoreline restrictions.

(6) Any land use or development not now or hereafter included on

either the list of primary uses or the list of secondary uses for

resource management areas.

(7) Municipal roads.

(8) Golf courses.

(9) An individual single family dwelling within one-eighth mile of

tracts of forest preserve land or waters described in item (d) of clause

(1) of paragraph d of subdivision one or within three hundred feet of a

travel corridor described in such paragraph.

(10) Campgrounds involving fewer than fifty sites.

(11) All land uses and development and all subdivisions of land within

one-quarter mile of rivers designated to be studied as wild, scenic and

recreational in accordance with the environmental conservation law,

other than those navigable by boat, during the period of such

designation.

(12) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.

e. Industrial use areas. (1) Sawmills, chipping mills, pallet mills

and similar wood using facilities.

(2) Industrial uses.

(3) Commercial uses.

(4) Agricultural service uses.

(5) Public and semi-public buildings.

(6) Municipal roads.

(7) Any land use or development not now or hereafter included on

either the list of primary uses or the list of secondary uses for

industrial use areas.

(8) Any material increase or expansion of an existing land use or

structure included on this list that is twenty-five percent or more of

the original size of such existing use or twenty-five percent or more of

the original square footage of such structure.