2010 New York Code
ENV - Environmental Conservation
Article 27 - COLLECTION, TREATMENT AND DISPOSAL OF REFUSE AND OTHER SOLID WASTE
Title 14 - (27-1401 - 27-1435) BROWNFIELD CLEANUP PROGRAM
27-1425 - Change of use.

§ 27-1425. Change of use.
    1.  At  least  sixty  days  before the start of physical alteration or
  construction constituting a change of use at a  brownfield  site  or  at
  least  sixty  days before a change of use at such site not involving any
  physical alteration or construction, as the case may be, the  person  or
  entity  proposing  to  make  a  change  of  use  shall  provide  written
  notification to the department.
    2. No person shall engage in any activity at a brownfield site that is
  not consistent with restrictions placed upon the use of the property, or
  that will, or that reasonably is anticipated to:  prevent  or  interfere
  significantly  with  a proposed, ongoing, or completed remedial program;
  or expose the public  health  or  the  environment  to  a  significantly
  increased  threat  of harm or damage from such site. If the commissioner
  determines that a proposed change of use is prohibited pursuant to  this
  section,  he  or  she shall, within forty-five days after receipt of the
  complete notice required by this section, provide the person giving such
  notice with a written determination that such change of use will not  be
  authorized, together with the reasons for such determination.
    3. For the purposes of this section:
    (a) "change of use" means the transfer of title to all or part of such
  brownfield  site,  the  erection  of  any  structure  on  such site, the
  creation of a park or other public or private recreational  facility  on
  such  site,  or  any  activity  that  is  likely  to  disrupt  or expose
  contamination or to increase direct human exposure; or any other conduct
  that will or may tend to significantly  interfere  with  an  ongoing  or
  completed  remedial  program  at  such site and the continued ability to
  implement the engineering and  institutional  controls  associated  with
  such site.
    (b)  "complete  notice"  means  a  notice that adequately apprises the
  department of the contemplated change of use of such site and  how  such
  change  of  use  may  affect  the site's proposed, ongoing, or completed
  remedial program.