2010 New York Code
ENV - Environmental Conservation
Article 34 - (34-0101 - 34-0113) COASTAL EROSION HAZARD AREAS
34-0107 - Department regulation of coastal erosion hazard areas.

§ 34-0107. Department regulation of coastal erosion hazard areas.
    1.  If  a  city  which  wholly  includes one or more counties fails to
  submit an erosion hazard area local law or ordinance to the commissioner
  within the time specified in subdivision one of section 34-0105 of  this
  article,  as  such  time  may  be  extended  by  the  commissioner under
  subdivision three of such section, or if such local law or ordinance has
  been disapproved pursuant to subdivision two of such section,  or  if  a
  county  fails  to  submit  an  erosion  hazard  area  local  law  to the
  commissioner within the time specified in  subdivision  one  of  section
  34-0106 of this article as such time may be extended by the commissioner
  under  subdivision  three  of such section, or if a county local law has
  been disapproved pursuant  to  subdivision  two  of  such  section,  the
  commissioner   shall,   within   ninety   days  after  such  failure  or
  disapproval, as the case may be, issue  and  enforce  regulations  which
  apply  the  minimum standards promulgated pursuant to section 34-0108 of
  this article within the affected erosion hazard area.
    2. Prior to the issuance of regulations  applicable  to  a  particular
  erosion  hazard  area  pursuant  to subdivision one of this section, the
  commissioner shall hold a public hearing thereon in the  affected  city,
  town  or  village,  and  shall  give  at least fifteen days prior notice
  thereof by publication at least  once  in  a  newspaper  having  general
  circulation therein. The commissioner shall issue the regulations within
  thirty  days after the close of such hearing, shall publish a summary of
  such regulations in  a  newspaper  having  general  circulation  in  the
  affected  city,  town  or  village,  and  shall  make  such  regulations
  available for public inspection. Such regulations shall not take  effect
  until  thirty  days  after  the  filing  thereof  with  the clerk of the
  affected county.
    3. If the commissioner does not  designate,  pursuant  to  subdivision
  eight  of  section  34-0106  of this article, a county to administer and
  enforce a city, town or village erosion hazard area ordinance  or  local
  law  for which approval has been revoked pursuant to subdivision five of
  section 34-0105 of this article, or if  the  commissioner,  pursuant  to
  subdivision  seven  of  section  34-0106  of  this  article, revokes his
  approval of a county erosion hazard area local law or, pursuant to  such
  subdivision  revokes  his  designation  of  a  county  to administer and
  enforce a city, town or village erosion hazard area ordinance  or  local
  law, he shall administer and enforce the affected ordinance or local law
  in  such  manner as to insure compliance of activities or development in
  the affected erosion hazard area with the minimum standards  promulgated
  pursuant  to  section  34-0108  of  this  article.  The commissioner may
  designate such county to commence administration and enforcement  of  an
  ordinance  or  local  law  subject  to  this  subdivision upon receiving
  satisfactory assurance that such administration and enforcement will  be
  undertaken  in  such  manner as to adequately carry out the purposes and
  policies of this article.
    4. Nothing in this section shall be construed to  prohibit  any  local
  government  from adopting and enforcing any ordinances or local laws, or
  exercising any other lawful powers within any area governed  by  erosion
  hazard  area  regulations  adopted  pursuant  to this section; provided,
  however, that to the extent of any inconsistency between a county, city,
  town  or  village  ordinance  or  local  law  and  erosion  hazard  area
  regulations adopted pursuant to this section, the latter shall apply.
    5.  In  any  city,  town  or village where there are in effect erosion
  hazard area regulations issued by  the  commissioner  pursuant  to  this
  section, nothing herein shall be construed as preventing such city, town
  or  village  from  submitting,  at  any  time,  an  erosion  hazard area
  ordinance or local law to the  commissioner  for  approval  pursuant  to

section  34-0105  of  this  article,  or  for any county to provide such
  regulation in absence of local law or  ordinance,  pursuant  to  section
  34-0106  of  this  article. Before county assumption of such regulation,
  there  shall  be notification given to the city, town or village of such
  intention by the county,  and  any  objections  shall  be  reviewed  and
  considered  by the commissioner before approving such county regulation.
  When a county, city, town or village local law or ordinance is  approved
  by  the  commissioner, the erosion hazard area regulations issued by the
  commissioner pursuant to this section shall cease to apply, and a notice
  to that effect shall be filed with the  clerks  of  the  affected  local
  governments.
    6.  Consistent  with the provisions and purposes of article seventy of
  this chapter, where an application is made to  the  commissioner  for  a
  permit  pursuant  to section 34-0109 of this article for any activity or
  development within a designated erosion hazard  area,  the  commissioner
  shall  ascertain  what,  if  any,  other  permit,  variance  or  hearing
  procedures or applications are required with regard to such activity  or
  development   by  any  governing  body  of  the  state  or  any  of  its
  subdivisions pursuant to any federal, state or local law  or  ordinance.
  The  commissioner, at the request of the applicant shall consolidate and
  coordinate said application, permit, variance and hearing procedures, as
  required by each such governing authority, into a single,  comprehensive
  hearing   and   review   procedure  with  regard  to  such  activity  or
  development. However, nothing contained in this section shall be  deemed
  to  limit or restrict the state, its subdivisions or any other governing
  authorities, which are properly a  party  to  such  consolidated  review
  proceeding,   from   the  independent  exercise  of  such  discretionary
  authority with respect to the issuance, denial or modification  of  such
  permits,  variances  or  other  forms  of approval as they may have been
  granted by law.