N.Y. Executive Law § 811: Special provisions relating to agency project review jurisdiction and the shoreline restrictions

§ 811. Special provisions relating to agency project review

jurisdiction and the shoreline restrictions. 1. Notwithstanding any

other provision of this article, including the provisions of the land

use and development plan and the shoreline restrictions, the following

provisions shall apply in connection with the project review

jurisdiction of the agency under section eight hundred nine and

application of the shoreline restrictions either by the agency in the

review of a project or by operation of section eight hundred six.

a. Single family dwelling on existing vacant lot. One single family

dwelling or mobile home shall be allowed to be built on any vacant lot

which was on record on the date that this act shall become a law

regardless of the overall intensity guidelines, or the minimum lot width

provisions of the shoreline restrictions. For the purposes of this

exemption, such a lot must not adjoin other lots in the same ownership,

provided however, that all such lots in the same ownership may be

treated together as one lot. In addition to the foregoing exemption,

where the agency has jurisdiction, for a reason other than its location

in a critical environmental area, of a single family dwelling or mobile

home on a lot described in this paragraph which is owned by an

individual who has continually owned such lot since May twenty-second,

nineteen hundred seventy-three, it may not disapprove the project on any

of the grounds specified in paragraph e of subdivision ten of section

eight hundred nine, but may impose such reasonable conditions on the

type and manner of placement of any individual on-site sewage disposal

facilities as are in furtherance of the purposes of this article and in

compliance with applicable standards of the department of health.

b. Conversions of certain existing uses. Those structures in existence

on the date that this act shall become a law that are associated with

resort hotels, rental cottages and group camps shall be allowed to be

converted from their previous use to individual single family residence

use, notwithstanding the fact that such structures, as converted, do not

conform to the overall intensity guidelines or the shoreline

restrictions.

c. Gifts, devises and inheritances. The mere division of land

resulting from bona fide gift, devise or inheritance by and from natural

persons shall not be subject to review by the agency. New land use or

development on lots, parcels or sites conveyed by individuals, who on

the date that this act shall become law own such land, to members of

their immediate families by bona fide gift, devise or inheritance, shall

be exempt from the overall intensity guidelines and the minimum lot size

criteria specified in the class B regional project lists for the purpose

of constructing one single family dwelling or mobile home on any such

lot, parcel or site.

2. Any pre-existing land use and development shall not be subject to

review by the agency.

3. Any (a) pre-existing subdivision of land, (b) any subdivision or

portion of a subdivision that involves seventy-five or fewer lots,

parcels or sites for the completion of which any or all permits and

other approvals required by or pursuant to law were obtained after July

first, nineteen hundred seventy-one and for which all such required

permits were in full force and effect on July thirty-first, nineteen

hundred seventy-three, or (c) individual single family dwelling or

mobile home, erected or placed on any lot, parcel or site in any

subdivision referred to in clauses (a) and (b) hereof which has been

approved by the state department of health, shall not be subject to

review by the agency, provided, however, that a subdivision or portion

of a subdivision described in clause (b) hereof shall become subject to

review by the agency on August first, nineteen hundred seventy-four if

such subdivision or portion is not in existence on said date. Any

individual single family dwelling or mobile home referred to in clause

(c) of this subdivision hereof shall not be subject to the minimum lot

width provisions of the shoreline restrictions.

4. With respect to any land use or development or subdivision of land

or portion thereof approved by the agency under its interim project

review authority, in section eight hundred fifteen, such land use or

development or subdivision or portion thereof may proceed in accordance

with the terms of the approval and shall not be subject to further

review by the agency so long as such land use or development or

subdivision or portion thereof is substantially commenced and/or

material expenditures and financial obligations have been incurred with

regard to such land use or development or subdivision or portion thereof

within two years of such approval.

5. Any existing land use or development, including any structure being

restored or rebuilt in whole or in part, being increased or expanded,

whether in successive stages or at one time, to a total of less than

twenty-five percent of its size or square footage at the date of

enactment or when originally built or undertaken, whichever is later,

shall not be subject to review by the agency. Any material increase or

expansion thereafter shall constitute a reviewable land use or

development if otherwise within the agency's review jurisdiction. In no

case shall any increase or expansion violate, or increase non-compliance

with, the minimum setback requirements of the shoreline restrictions.

Notwithstanding the foregoing, a single family dwelling or mobile home

may always be enlarged or rebuilt to any extent provided that it

continues to be used as such, provided, however, that no such increase

or expansion shall violate, or increase any non-compliance with, the

minimum setback requirements of the shoreline restrictions.