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.
Terms Used In N.Y. Executive Law 819
- Agency: means the Adirondack park agency created by section eight hundred three of this article. See N.Y. Executive Law 802
- Continuance: Putting off of a hearing ot trial until a later time.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: means the earth, on or below the surface of the ground, including water and air above, the flora and fauna. See N.Y. Executive Law 802
- Local government: means any city, town or village whose boundaries lie wholly or partly within the Adirondack park, except that such term shall not include in the case of a town that portion thereof within any incorporated village. See N.Y. Executive Law 802
- Local land use program: means any comprehensive land use and development planning and control program undertaken by a local government that includes local land use controls, such as zoning and subdivision regulations and a sanitary code, and governs land use and development and subdivision of land within the entire jurisdiction of the local government. See N.Y. Executive Law 802
- Municipality: means any municipal corporation, district corporation or public benefit corporation as such terms are defined in § 3 of the general corporation law, and any agency or instrumentality of the foregoing, except that the term public benefit corporation shall not include any such corporation any member of which is appointed by the governor. See N.Y. Executive Law 802
- new land use: means any land use or development that is not a preexisting use. See N.Y. Executive Law 802
- plan: means the Adirondack park land use and development plan prepared by the Adirondack park agency as directed by law, approved by the agency on March three, nineteen hundred seventy-three, adopted in subdivision one of section eight hundred five, including the plan map, and any amendments thereto, the provisions of the plan as contained in subdivisions three and four of section eight hundred five and sometimes referred to as the "provisions of the plan" and any amendments thereto, and the shoreline restrictions contained in section eight hundred six, and any amendments thereto. See N.Y. Executive Law 802
- Project: means any new land use and development or subdivision of land that is subject to the review jurisdiction of either the agency or local government under this article. See N.Y. Executive Law 802
- Project sponsor: means any person making application to the agency, or a local government for the review of a project. See N.Y. Executive Law 802
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Shoreline: means that line at which land adjoins the waters of lakes, ponds, rivers and streams within the Adirondack park at mean high water. See N.Y. Executive Law 802
- State: means the state of New York. See N.Y. Executive Law 802
- State agency: means any department, bureau, commission, board or other agency of the state, including any public benefit corporation any member of which is appointed by the governor. See N.Y. Executive Law 802
- subdivision: means any division of land into two or more lots, parcels or sites, whether adjoining or not, for the purpose of sale, lease, license or any form of separate ownership or occupancy (including any grading, road construction, installation of utilities or other improvements or any other land use and development preparatory or incidental to any such division) by any person or by any other person controlled by, under common control with or controlling such person or by any group of persons acting in concert as part of a common scheme or plan. See N.Y. Executive Law 802
- use: means any construction or other activity which materially changes the use or appearance of land or a structure or the intensity of the use of land or a structure. See N.Y. Executive Law 802
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.