2010 New York Code
ENV - Environmental Conservation
Article 57 - LONG ISLAND PINE BARRENS MARITIME RESERVE ACT
Title 1 - (57-0101 - 57-0137) LONG ISLAND PINE BARRENS MARITIME RESERVE ACT
57-0136 - Penalties and enforcement.

§ 57-0136. Penalties and enforcement.
    1. Violations. (a) All of the rights and remedies provided for in this
  section  are  in addition to all of the rights and remedies available to
  the villages and towns located within the "Central Pine Barrens Area" as
  specifically defined in subdivision  ten  of  section  57-0107  of  this
  title.  All  of the rights and remedies provided for in this section are
  in addition to all of the rights and remedies available to the  attorney
  general as provided for in state law.
    (b)  With  respect  to  any  land  use conduct within the Central Pine
  Barrens Area that violates any provision of  an  applicable  village  or
  town law, the responsibility for enforcement of such violation shall lie
  with  the  applicable  village or town in the first instance as provided
  for in the laws of  the  respective  town  or  village.  The  applicable
  village  or  town  shall provide written notice to the commission of all
  such enforcement efforts. In the event the applicable  village  or  town
  does  not  commence  an  enforcement  action  within sixty days from the
  receipt of a written notice to the applicable village  or  town  of  any
  land  use  conduct within the Central Pine Barrens Area that may violate
  any provision of an applicable village or town law, the  commission,  or
  the attorney general at the request of the commission or upon his or her
  own  initiative,  may institute enforcement action for such violation as
  set forth in subdivisions two, three and four of this section.
    (c) With regard to any violation of this  title,  the  land  use  plan
  adopted by the commission, any regulation promulgated by the commission,
  or   any   order,  determination  or  permit  condition  issued  by  the
  commission, there shall be independent jurisdiction among the village or
  town in which such violation occurred or is occurring to investigate and
  prosecute such violation as set forth in  subdivisions  two,  three  and
  four  of  this  section.  The  commission or the attorney general at the
  request of the commission or upon the attorney general's own  initiative
  shall  also  have  independent jurisdiction to investigate and prosecute
  such violation as set forth in subdivisions two, three and four of  this
  section.
    The  party  initiating such a prosecution shall consult with the other
  governmental entities named in this section before  initiating  such  an
  action,  except  in  a  case  involving  a threat of irreparable harm or
  imminent violation or repeated violations of this title,  the  land  use
  plan  adopted  by  the  commission,  any  regulation  promulgated by the
  commission, or any order, determination or permit  condition  issued  by
  the commission.
    (d)  With  regard  to  any  land  use  conduct within the Central Pine
  Barrens Area that is a violation of the applicable village or  town  law
  in  addition  to  being a violation of the specific requirements of this
  title, the land use plan adopted by the  commission,  or  the  terms  or
  conditions   of  any  order,  permit  or  determination  issued  by  the
  commission, the commission, or the attorney general at  the  request  of
  the  village or town, may jointly institute with the village and town an
  enforcement action as set forth in subdivisions two, three and  four  of
  this  section.  In such event, any penalties or fines collected shall be
  deposited with the applicable village or town  to  be  maintained  in  a
  segregated  account  to  be used exclusively for the acquisition of real
  property  or  transferable  development  rights  interests  or   capital
  projects  associated  with enhancement and/or restoration of the natural
  resources and ecosystems located within the Central Pine Barrens Area.
    2. Civil penalties. (a) For a violation that takes place in the  "core
  preservation  area"  as defined in subdivision eleven of section 57-0107
  of this title, any person who violates any provision of this title,  the
  land  use  plan adopted by the commission, any regulation promulgated by

the commission, or the terms or conditions  of  any  order,  permit,  or
  determination  issued  by the commission pursuant to this title shall be
  liable for a civil penalty of not more than twenty-five thousand dollars
  for  each violation and an additional civil penalty of not more than one
  thousand dollars for each day that such violation continues.
    (b) For a violation that takes place in the "compatible  growth  area"
  as  defined  in subdivision twelve of section 57-0107 of this title, any
  person who violates any provision of  this  title,  the  land  use  plan
  adopted by the commission, any regulation promulgated by the commission,
  or the terms or conditions of any order, permit, or determination issued
  by  the  commission  pursuant  to this title shall be liable for a civil
  penalty of not more than ten thousand dollars for each violation and  an
  additional  civil penalty of not more than one thousand dollars for each
  day that such violation continues.
    3. Criminal penalties. (a) For a violation that  takes  place  in  the
  "core  preservation  area"  as  defined in subdivision eleven of section
  57-0107 of  this  title,  any  person  who  willfully  or  intentionally
  violates  any  provision of this title, the land use plan adopted by the
  commission, any regulation promulgated by the commission, or  the  terms
  or  conditions  of  any  order,  permit,  or determination issued by the
  commission pursuant to this title  shall  be  guilty  of  a  misdemeanor
  punishable  by  a fine of not more than twenty-five thousand dollars for
  each violation and an additional fine of  not  more  than  one  thousand
  dollars for each day that such violation continues.
    (b)  For  a violation that takes place in the "compatible growth area"
  as defined in subdivision twelve of section 57-0107 of this  title,  any
  person  who  willfully  or  intentionally violates any provision of this
  title, the land use plan  adopted  by  the  commission,  any  regulation
  promulgated  by the commission, or the terms or conditions of any order,
  permit, or determination issued by the commission pursuant to this title
  shall be guilty of a misdemeanor punishable by a fine of not  more  than
  ten  thousand  dollars  for each violation and an additional fine of not
  more than  one  thousand  dollars  for  each  day  that  such  violation
  continues.
    4.  Additional  remedies.  Alternatively,  or in addition to an action
  seeking civil penalties or criminal fines or imprisonment as provided by
  subdivisions two and three of  this  section,  the  commission,  or  the
  attorney  general  may institute any appropriate action or proceeding to
  prevent, restrain, enjoin, correct, or abate any  violation  of,  or  to
  enforce,  any  provision of this title, the land use plan adopted by the
  commission, any regulation promulgated by the commission, or  the  terms
  or  conditions  of  any  order,  permit,  or determination issued by the
  commission pursuant to this title. The court  in  which  the  action  or
  proceeding is brought may order the person responsible for the violation
  to  take  such  affirmative  measures  as  are  necessary  to correct or
  remediate the violation. Such an action  or  proceeding  may  also  seek
  restitution for any such violation.