2012 New York Consolidated Laws
EXC - Executive
Article 27 - (800 - 820) ADIRONDACK PARK AGENCY
819 - Applicability.


NY Exec L § 819 (2012) What's This?
 
    § 819. Applicability.  1.  No  provision  of  this  article  shall  be
  construed to prohibit any local government from adopting  and  enforcing
  land  use  and development controls for lands, other than those owned by
  the state.
    2. Any local land use  program  which  has  been  validly  enacted  or
  adopted by a municipality shall be valid and enforceable notwithstanding
  its  not  having  been  approved  by the agency, and any new land use or
  development or subdivision of land shall be subject to the provisions of
  such local land use program and to the shoreline restrictions  contained
  in  section  eight  hundred  six.  If  the  agency  has  project  review
  jurisdiction over any such land use or  development  or  subdivision  of
  land  under  section  eight  hundred nine, such land use, development or
  subdivision shall, in addition to its being subject to the provisions of
  any such local land use program, be subject to such agency jurisdiction.
  The project sponsor  may  not  undertake  or  continue  such  land  use,
  development    or   subdivision,   however,   or   any   part   thereof,
  notwithstanding the granting of a permit therefor by the agency,  unless
  such  undertaking  or  continuance is also permitted by the municipality
  under and in accordance with  the  provisions  of  its  local  land  use
  program.
    3.  No  provision of this article shall be deemed to prohibit any land
  use and development  or  subdivision  of  land  existing  prior  to  the
  effective date of this article, including those uses and development and
  subdivisions  of land expressly not subject to agency review as provided
  in section eight hundred eleven.
    4. Nothing in this article shall be construed to empower the agency to
  acquire any interest in real property by purchase  or  condemnation.  No
  right  of  first  refusal  or  first  option to purchase in favor of the
  agency, the department of environmental conservation or any other  state
  agency  shall  in any way be created by this article or the land use and
  development plan.
    5. Nothing in this article shall be construed to supersede or  replace
  or  diminish  in any way any regulatory or review authority of any other
  state agency.

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