N.Y. Comp. Codes R. & Regs. tit. 9 § 582.6

Current through Register Vol. 46, No. 50, December 11, 2024

Section 582.6 - Agency review of variances from approved local land use programs

(a) The following variances from approved local land use programs shall be subject to agency review, pursuant to section 808(3) of the Adirondack Park Agency Act, if outside hamlet areas:

(1) variances from local shoreline restrictions;

(2) variances from the local controls governing intensity of development, such as minimum lot areas;

(3) variances from use restrictions which would allow a use other than those on the classification of compatible use lists in the Adirondack Park Agency Act for the official map land use area in which it would be located; and

(4) any other variances which involve the provisions of the land use and development plan.

(b) A local government shall provide written notice to the agency of an application for any variance referred to in subdivision (a) of this section within 15 days of receipt or within such period as may be agreed upon. The agency may request additional pertinent information.

(c) Prior to local action on a variance application, the agency may, at the request of the local government, render an advisory opinion as to whether a variance may be granted.

(d) Written notice of the granting of a variance described by this section shall be given to the agency within 15 days thereof. The variance shall not take effect until the agency determines that it will not reverse or modify the variance. If the agency has made no determination within 30 calendar days after receipt of notice, the variance shall take effect at the end of such period.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 582.6