N.Y. Executive Law § 819: Applicability

§ 819. Applicability. 1. No provision of this article shall be

construed to prohibit any local government from adopting and enforcing

land use and development controls for lands, other than those owned by

the state.

2. Any local land use program which has been validly enacted or

adopted by a municipality shall be valid and enforceable notwithstanding

its not having been approved by the agency, and any new land use or

development or subdivision of land shall be subject to the provisions of

such local land use program and to the shoreline restrictions contained

in section eight hundred six. If the agency has project review

jurisdiction over any such land use or development or subdivision of

land under section eight hundred nine, such land use, development or

subdivision shall, in addition to its being subject to the provisions of

any such local land use program, be subject to such agency jurisdiction.

The project sponsor may not undertake or continue such land use,

development or subdivision, however, or any part thereof,

notwithstanding the granting of a permit therefor by the agency, unless

such undertaking or continuance is also permitted by the municipality

under and in accordance with the provisions of its local land use

program.

3. No provision of this article shall be deemed to prohibit any land

use and development or subdivision of land existing prior to the

effective date of this article, including those uses and development and

subdivisions of land expressly not subject to agency review as provided

in section eight hundred eleven.

4. Nothing in this article shall be construed to empower the agency to

acquire any interest in real property by purchase or condemnation. No

right of first refusal or first option to purchase in favor of the

agency, the department of environmental conservation or any other state

agency shall in any way be created by this article or the land use and

development plan.

5. Nothing in this article shall be construed to supersede or replace

or diminish in any way any regulatory or review authority of any other

state agency.