New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter V - RESOURCE MANAGEMENT SERVICES
Subchapter A - Land Use
Part 505 - Coastal Erosion Management
Local Regulation of Coastal Erosion Hazard Areas
Section 505.16 - Submission of local programs

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 505.16

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Local governments may regulate erosion hazard areas within their jurisdictions by adopting a local program that has been certified by the commissioner as meeting the minimum standards of section 505.17 of this Part. Pursuant to section 34-0105 of the act, cities, towns (outside the area of any incorporated village) and villages have the first opportunity to adopt a local program after the coastal erosion hazard area maps for their jurisdiction have been filed with their city, town or village clerk. If a city, town (outside the area of any incorporated village), or village does not submit a local program to the commissioner for certification, or the commissioner does not certify a local program within the time limits specified in section 34-0105(1) or (3) of the act, the county containing such city, town or village may submit a local program to the commissioner. If a county's local program is certified by the commissioner as meeting the minimum standards of section 505.17 of this Part within the time limits specified in section 34-0106(1) or (3) of the act, such county has the responsibility and authority to regulate erosion hazard areas within all cities, towns (outside the area of any incorporated village) and villages within the county which have failed to submit a local program or have failed to get certification of a proposed local program within the time limits of section 34-0105(1) and (3) of the act. Sections 34-0105 and 34-0106 of the act establish the procedural steps local governments must follow in assuming local jurisdiction over erosion hazard areas.

(b) Submission of a local program to the commissioner for certification must be on a form provided by the department and must include:

(1) a certified copy of the erosion management local law or ordinance and all other local laws, ordinances, zoning regulations, subdivision and site plan approval regulations, or any other applications of police power that are elements of the local program;

(2) a map or other identification of the erosion hazard area subject to regulation;

(3) identification of the person(s) who will administer the program and their address, telephone number, current title, educational background, relevant work experience, location of employment, and their relationship to the local government (e.g., paid or volunteer, full-time or part-time, permanent or temporary);

(4) description of the local government's administrative capacity to administer its local program including a step-by-step discussion of how a local permit application will be processed. Such discussion must describe, in chronological order, what individual or office receives a local permit application and what individual or office maintains records after the activity for which the permit is issued is completed, and each step between. The function of each step should be described;

(5) an identification of what person or office will have the responsibility for enforcement; and

(6) a resolution that the local government will enforce the purposes and policies of the act and the minimum standards of section 505.17 of this Part; that it will conduct compliance inspections to assure that the terms and conditions of local permits are adhered to; that it will investigate all reports of violations; that it will prosecute violations of its local program and terms and conditions of local permits; and that the local program was subject to public notice and review as required by the local government.

(c) When a local government submits a local program to the commissioner for certification, and such local program was implemented prior to the filing of the applicable coastal erosion hazard area maps, such submission need only include the information required by paragraphs (b)(1) and (2) of this section. If the commissioner determines that the local program needs substantial revision to meet the minimum standards of section 505.17 of this Part, subsequent submissions must meet all informational requirements of subdivision (b) of this section.

(d) An application for certification of a local program is not complete until all information necessary for its proper evaluation is received.

(e) The commissioner must either certify or disapprove the proposed local program within 30 working days of receipt of a complete application. If the commissioner disapproves a local program, he will notify the local government in writing of the reasons for disapproval and the modification that is necessary for certification. The commissioner will issue findings as part of his decision to either certify or disapprove a proposed local program.

(f) In an instance where the commissioner disapproves a proposed local program he may, at his discretion, extend the initial six-month period local governments have to adopt a local program. Such extension will be a reasonable time period to make the modification that is necessary for approval but may not exceed six months. During such extended time period a local government may adopt and resubmit a new or modified local program to the commissioner for approval. In resubmitting a modified local program, a local government need only resubmit information that is additional to, or changed from, the initial submission. Such resubmission of a new or modified local program is subject to the same informational requirements as specified in this section.

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