N.Y. Executive Law § 814: State agency projects

§ 814. State agency projects. 1. Any state agency which intends to

undertake any new land use or development within the Adirondack park,

other than land use or development by the department of environmental

conservation pursuant to the master plan for management of state lands,

irrespective of whether the land use area wherein the project is

proposed to be located is governed by an approved local land use program

shall give due regard to the provisions of the plan and the shoreline

restrictions and shall file a notice of such intent thereof with the

agency. Such notice shall be filed at the earliest time practicable in

the planning of such project, and in no event later than the submission

of a formal budget request for the funding of such project or any part

thereof. Such notice shall contain a description of the proposed

project, together with such additional information relating thereto as

the agency may determine necessary and appropriate for the purposes of

this section. The state agency shall not undertake such project for a

period of thirty days, or such earlier time as the agency may specify,

following the filing of the notice of intent.

2. During such thirty-day period, the agency may review the project to

determine whether it: a. might be inconsistent with the provisions of

the plan and shoreline restrictions, or

b. may have an undue adverse impact upon the natural, scenic,

aesthetic, ecological, wildlife, historic, recreational or open space

resources of the park, taking into account the economic and social

benefits to be derived from such project. In making such determination,

the agency shall apply the development considerations.

3. If, on or before the conclusion of such thirty-day period, the

agency determines that the project will not be inconsistent with such

provisions or restrictions and will not have an undue adverse impact

upon such resources, it shall report its findings to the state agency.

If the agency determines, at or before the conclusion of such period,

that the project might be inconsistent with such provisions or

restrictions, or might have such an undue adverse impact upon such

resources, it shall notify the state agency by mail, that the agency

will hold public hearing on the project within thirty days of such

notice and, at the same time, issue an order to the state agency not to

undertake the project for up to ninety days following the commencement

of such public hearing. During such ninety-day or lesser period, the

agency shall further review the project and determine whether or not it

will be inconsistent with such provisions or restrictions or have such

undue adverse impact. On or before the conclusion of such ninety-day

period, the agency shall report its findings in the manner provided

above.

4. This section shall not apply to any emergency project which is

immediately necessary for the protection of life or property as defined

by the agency by rule and regulation.

5. The agency may adopt, and have authority to amend or repeal, rules

and regulations, consistent with this section, to govern its procedures

for the reviews authorized by this section.