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 505.20 - Revocation of local programs

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 505.20

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

(a) Pursuant to section 34-0105(5) of the act, the commissioner may revoke his certification of a local program if he determines that:

(1) an element of the certification application is substantively inaccurate;

(2) a local government fails to notify the commissioner of an amendment to a local program;

(3) a local government fails to notify the commissioner of a substantive administrative change to its local program;

(4) the local program is amended to be less protective than the minimum standards of section 505.17 of this Part;

(5) the technical capability of a local government is lacking as evidenced by:
(i) misinterpretation of coastal erosion hazard area maps;

(ii) the terms or conditions of coastal erosion management permits demonstrate a fundamental misunderstanding of coastal processes; or

(iii) ignorance or misinterpretation of the applicable erosion management local law or ordinance;

(6) the administrative capacity of a local government is lacking as evidenced by:
(i) failure to follow the step-by-step local permit processing procedure;

(ii) failure to enforce violations of its erosion management local law or ordinance, or the terms or conditions of coastal erosion management permits;

(iii) failure to conduct compliance inspections;

(iv) failure to investigate reports of violations; or

(v) loss of services of the person(s) providing the technical expertise to implement the local program; or

(7) the local government otherwise fails to carry out the purposes and policies of the act.

(b) If the commissioner determines that grounds may exist for revocation of his certification of a local program, he will notify the local government, in writing, of the specific issue that is the basis for improper administration or enforcement of the local program. The local government has 15 days to respond, in writing, to the issue identified by the commissioner. Such response should explain the circumstances surrounding the alleged improper administration or enforcement of the local program and what corrective measures will be taken, if any. If the commissioner is not reasonably satisfied that the corrective measures will result in the proper administration and enforcement of the local program, a public hearing will be held on the pertinent issue. Within 15 days after the close of the public hearing, the commissioner will notify the local government of his decision whether to revoke his certification of the local program.

(c) If the commissioner revokes his certification of a local program, the provisions of section 34-0106(7) or 34-0107(3) of the act will apply.

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