2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
814 - State agency projects.

 
    § 814. State  agency  projects.  1.  Any state agency which intends to
  undertake any new land use or development within  the  Adirondack  park,
  other  than  land  use or development by the department of environmental
  conservation pursuant to the master plan for management of state  lands,
  irrespective  of  whether  the  land  use  area  wherein  the project is
  proposed to be located is governed by an approved local land use program
  shall give due regard to the provisions of the plan  and  the  shoreline
  restrictions  and  shall  file  a notice of such intent thereof with the
  agency. Such notice shall be filed at the earliest time  practicable  in
  the  planning of such project, and in no event later than the submission
  of a formal budget request for the funding of such project or  any  part
  thereof.    Such  notice  shall  contain  a  description of the proposed
  project, together with such additional information relating  thereto  as
  the  agency  may determine necessary and appropriate for the purposes of
  this section. The state agency shall not undertake such  project  for  a
  period  of  thirty days, or such earlier time as the agency may specify,
  following the filing of the notice of intent.
    2. During such thirty-day period, the agency may review the project to
  determine whether it: a. might be inconsistent with  the  provisions  of
  the plan and shoreline restrictions, or
    b.  may  have  an  undue  adverse  impact  upon  the  natural, scenic,
  aesthetic, ecological, wildlife, historic, recreational  or  open  space
  resources  of  the  park,  taking  into  account the economic and social
  benefits to be derived from such project.  In making such determination,
  the agency shall apply the development considerations.
    3. If, on or before the conclusion  of  such  thirty-day  period,  the
  agency  determines  that  the project will not be inconsistent with such
  provisions or restrictions and will not have  an  undue  adverse  impact
  upon  such  resources, it shall report its findings to the state agency.
  If the agency determines, at or before the conclusion  of  such  period,
  that   the  project  might  be  inconsistent  with  such  provisions  or
  restrictions, or might have such  an  undue  adverse  impact  upon  such
  resources,  it  shall  notify  the state agency by mail, that the agency
  will hold public hearing on the  project  within  thirty  days  of  such
  notice  and, at the same time, issue an order to the state agency not to
  undertake the project for up to ninety days following  the  commencement
  of  such  public  hearing.  During such ninety-day or lesser period, the
  agency shall further review the project and determine whether or not  it
  will  be  inconsistent with such provisions or restrictions or have such
  undue adverse impact. On or before the  conclusion  of  such  ninety-day
  period,  the  agency  shall  report  its findings in the manner provided
  above.
    4. This section shall not apply to  any  emergency  project  which  is
  immediately  necessary for the protection of life or property as defined
  by the agency by rule and regulation.
    5. The agency may adopt, and have authority to amend or repeal,  rules
  and  regulations, consistent with this section, to govern its procedures
  for the reviews authorized by this section.