N.Y. Comp. Codes R. & Regs. tit. 6 § 665.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 665.8 - Variances from statewide minimum land-use regulations

(a) In accordance with subdivision 24-0903.2 of the act, a local government that has assumed regulatory authority pursuant to this Part may submit within six months of receipt, and then annually to the commissioner a proposed variance from the statewide minimum land-use regulations in section 665.7(g) of this Part to govern wetlands within its boundaries.

(b) Such a proposed variance must be consistent with the purposes of the act and may be more or less restrictive than the statewide minimum land-use regulations. Where less restrictive, the proposed variance must be accompanied by supporting material setting forth, among other things, that there are overriding economic and social considerations vital to the growth and economic base of the local government that clearly require such variance.

(c) The commissioner must hold a public hearing in the area in which the affected wetlands are located, after giving 15 days prior notice of the hearing by publishing at least once in a newspaper having general circulation in the area of the local government proposing a variance. Notice of the proposed variance must be published as a notice of proposed agency action in the State Register.

(d) If the commissioner approves the variance, he must promulgate the local variance as an amendment to the statewide minimum land-use regulations within 30 days of the hearing and after publishing a notice at least once in two newspapers having general circulation in the area of the local government concerned and make the variance available for public inspection and review. The variance does not take effect until the notice and review requirements of the State Administrative Procedure Act have been satisfied and the amendment has been filed with the Secretary of State and until 30 days after its filing with the clerk of the county in which the local government is located.

(e) If the commissioner does not approve the variance, any person aggrieved by that decision may seek review pursuant to section 665.14 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 665.8