2022 New York Laws
ENV - Environmental Conservation
Article 34 - Coastal Erosion Hazard Areas
34-0106 - County Regulation of Coastal Erosion Hazard Areas.

§ 34-0106. County regulation of coastal erosion hazard areas.
  1.  If  a  city,  other  than a city which wholly includes one or more
counties, a town or village fails  to  submit  an  erosion  hazard  area
ordinance  or local law 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  an  ordinance  or  local  law  has  been  disapproved  pursuant   to
subdivision two of such section, the commissioner shall notify the clerk
of  the  legislative  body  of  the  county  in which such city, town or
village is located. Within six months from receipt of such notification,
such county shall submit to the commissioner  a  county  erosion  hazard
area  local  law  meeting  the  criteria specified in subdivision one of
section 34-0105 of this article, applicable to the erosion  hazard  area
of  such  city, town or village. Notwithstanding any other provisions of
law, whether general or special,  or  any  provision  of  local  law  or
ordinance,  to  carry  out the purposes of this section, counties shall,
within the erosion hazard area subject to  such  county  local  law,  be
deemed  to  possess the same implementation powers as could be exercised
by the city, town or village within which the  erosion  hazard  area  is
situated.   The commissioner shall provide whatever technical assistance
he may deem necessary for preparation of a local law  pursuant  to  this
section.
  2.  Such  county  erosion  hazard  area  local law shall be subject to
public notification and review and, be submitted to the commissioner for
approval as to its consistency with the  minimum  standards  promulgated
pursuant  to section 34-0108 of this article; the commissioner shall act
to approve or disapprove such local law within thirty  working  days  of
its  receipt.  If  the  commissioner disapproves the local law, he shall
notify the county legislative body in writing of the  reasons  for  such
disapproval  or  modification  necessary  for approval. The commissioner
shall issue findings as part of his decision.
  3. In case of disapproval of a county erosion hazard  area  local  law
under   subdivision  two  of  this  section,  the  commissioner  at  his
discretion may extend the six month period for adoption  of  such  local
law for a reasonable time period not to exceed an additional six months,
during  which time, the county may adopt and re-submit a new or modified
county erosion hazard area local law to the commissioner for approval as
provided in subdivision two of this section.
  4. Prior to the adoption  of  any  amendment  to  an  approved  county
erosion hazard area local law, the county shall notify the commissioner,
who  shall within fifteen days after receipt of such notification advise
the county whether such  amendment  relates  to  the  minimum  standards
promulgated  pursuant  to section 34-0108 of this article. Any amendment
to such local law that  relates  to  such  minimum  standards  shall  be
subject  to  approval by the commissioner as provided in subdivision two
of this section.
  5. Nothing in this section shall be construed to  prohibit  any  city,
town  or  village  from  adopting  and enforcing any ordinances or local
laws, or exercising any other lawful powers within any area governed  by
an  approved  county  erosion  hazard area local law; provided, however,
that to the extent of any inconsistency between a city, town or  village
ordinance  or local law and an approved county erosion hazard area local
law, the latter shall apply.
  6. In any city, town or village where there  is  in  effect  a  county
erosion  hazard area local law adopted 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. If such ordinance or local law is approved by the commissioner,
he  shall  immediately  notify the affected county, and the county local
law shall cease to apply to the affected erosion hazard  area  from  the
date of receipt by the county of such notification.
  7.  (a) If approval of a city (other than a city which wholly includes
one or more counties), town or village erosion hazard area ordinance  or
local law is revoked by the commissioner pursuant to subdivision four of
section  34-0105  of  this  article,  the commissioner may designate the
county in which such city, town or village is located to administer  and
enforce  such  city,  town  or  village  ordinance or local law so 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. Such county shall  be  deemed  to  possess  all
administrative  and  enforcement  powers  included in such city, town or
village ordinance or local law.
  (b) The commissioner shall reinstate approval of  the  city,  town  or
village  ordinance  or local law when the commissioner is satisfied that
the city, town or village will carry out the purposes  and  policies  of
this article, at which time administration and enforcement by the county
pursuant  to this subdivision shall cease, and the city, town or village
shall administer and enforce such ordinance or local law.
  8. The commissioner shall revoke his  approval  of  a  county  erosion
hazard  area  local  law,  or  shall  revoke his designation pursuant to
subdivision six of this section of a county to administer and enforce  a
city,  town  or  village ordinance or local law, if he determines, after
notice and hearing relative thereto, that the affected county has failed
to administer or enforce such ordinance or local law to adequately carry
out the purposes and policies of this article.  In  the  event  of  such
revocation,  the  provisions  of subdivision three of section 34-0107 of
this article shall apply.
  9. Where an application is made for any permit, variance or other form
of approval required pursuant to any local law enacted and  approved  by
the   commissioner  pursuant  to  this  section,  for  any  activity  or
development within a designated erosion hazard area, the county to which
such application is made 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
its  subdivisions  pursuant  to  any  federal,  state  or  local  law or
ordinance.  Such  county,  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.