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Adirondack Park
• 1892 Adirondack Park Created
• 1895 Constitutional Amendment
• 1971 Adirondack Park Agency
• 1972 State Land Master Plan
• 1973 Private Land Use Plan/APA Act
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Adirondack Park• 49% Private Ownership
• 51% NYS Lands and Water
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APA Background
• The Adirondack Park Agency Act (APA Act)– Executive Law §§ 801 et seq.– Agency regulations: 9 NYCRR Parts 570-576; 579-588
– Enactment Date: May 22, 1973
– Effective Date: August 1, 1973
• The Wild, Scenic and Recreational River System Act (Rivers Act)– Environmental Conservation Law §§ 15-2701 et seq.– Agency regulations: 9 NYCRR Part 577– Effective Date: May 1, 1983
• The Freshwater Wetlands Act (Wetlands Act)– Environmental Conservation Law §§ 24-0101 et seq.– Agency regulations: 9 NYCRR Part 578– Effective Date: April 19, 1976
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Adirondack ParkLand Use and Development Plan
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APA Act – Basic Requirements
Two tiered system:
1) Permits required for certain types of “subdivision” or “new land use or development”
2) Prohibition on certain activities impacting shorelines
• If a landowner cannot comply with these prohibitions, a variance is required
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Private Land Use Classifications
• Hamlet
• Moderate Intensity Use
• Low Intensity Use
• Rural Use
• Resource Management
Density
Resource Lim
itations-
Open S
pace Resources
WetlandsSevere SlopesAgriculture
Existing Population CentersPublic Water and/or SewerSoils Suitable for Development
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Land Use and Development Plan--The Map--
Hamlet
Moderate Intensity
Low Intensity
Rural Use
Resource Management
Industrial Use
HLI
LI
RM
RU
RU
M
H
RM
W WF
W
P
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APA Act -Permitting Requirements
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APA Act – Basic Requirements
Two tiered system:
1) Permits required for certain types of “subdivision” or “new land use or development”
2) Prohibition on certain activities impacting shorelines
• If a landowner cannot comply with these prohibitions, a variance is required
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APA Permitting Background
“Any person proposing to undertake a … regional project … shall … receive an agency permit therefore prior to undertaking the project.”
APA Act § 809(2)(a)
• Regional projects:– Subdivisions on Resource Management lands
– Subdivisions involving wetlands
– Commercial uses (except Hamlet)
– Structures >40 feet in height
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APA Act – Permitting Background
• APA Act § 810 lists all regional projects
– Permits for Class A regional projects are always issued by the APA
– Permits for Class B regional projects are issued by individual towns pursuant to APA-approved local land use programs (see APA Act §§ 807-809)
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APA Permitting Background
• Must find that the proposal would not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational, or open space resources of the Park.
Every proposal, including all subdivision lots, analyzed for:– Visual and open space impacts
– Wildlife impacts, including habitat fragmentation
– Wetland impacts
– Invasive species management
– Forest management / agricultural uses
– Stormwater management
– Wastewater treatment
– Traffic and parking….
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APA Act – Subdivision Permitting
“Subdivision” definition:– Any division of land
– Involving two or more lots, parcels, or sites,
– Whether adjoining or not,
– For the purpose of sale, lease, license, or any form of separate ownership or occupancy.
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APA Act – Subdivision Permitting(Minimum Lot Size)
• Permit required for any subdivision creating a non-shoreline lot smaller than:
– Hamlet no permit needed– Moderate Intensity Use 0.92 acres– Low Intensity Use 2.75 acres– Rural Use 7.35 acres
• Permit required for any subdivision creating a shoreline lot smaller than:
– Hamlet no permit needed– Moderate Intensity Use 0.57 acres– Low Intensity Use 1.15 acres– Rural Use 1.84 acres
• Permit required for any subdivision in a Resource Management area
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APA Act – Subdivision Permitting(Lot Counting)
A permit is required for any subdivision where the total number of parcels to be created from the property as it existed on May 22, 1973 is equal to or greater than:
– Hamlet 100
– Moderate Intensity Use 15
– Low Intensity Use 10
– Rural Use 5
– Resource Management 2
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APA Act – Permitting
A permit is required for any subdivision in a Critical Environmental Area (CEA)
Critical Environmental Areas includecertain:
• Wetlands• Lands within ¼ mile of study
rivers• Lands at elevations of 2,500 feet
or more• Lands within 1/8 mile of state
forest preserve land classified as wilderness, primitive, or canoe areas
• Rural Use lands within 150 feet of the right of way of any federal or state highway
• Resource Management lands within 300 feet of the right of way of any federal or state highway
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APA Act – Land Use and Development Permitting
Except in Hamlet areas, a permit is required for any new business (the provision of goods, services, activities, etc. for a fee)
– Default term: commercial use
– Certain businesses are not considered commercial uses• Exs: agricultural service uses, marinas, cemeteries, golf courses,
campgrounds, group camps, airports, commercial sand and gravel extractions, mineral extractions, sawmills, tourist accommodations, tourist attractions, ski centers, junkyards, waste disposal areas, major public utility uses, industrial uses…
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APA Act – Land Use and Development Permitting
A permit is required for any clear-cut of a single unit of land of more than 25 acres
- Except in Hamlet and Industrial Use
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APA Act – Land Use and Development Permitting
• A permit is required for the construction of any structure over 40 feet in height
• Exceptions:– Agricultural use structures– Residential radio and television antennas
• Height is measured from the highest point of the structure to the lower of either original or finished grade– Measuring standard has been in place since 1978
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APA Act – Land Use and Development Permitting
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APA Act – Land Use and Development Permitting
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Air Photo Imagery
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Air Photo Imagery
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APA Act –Shoreline Prohibitions
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APA Act – Shoreline Prohibitions
• New structures greater than 100square in size must be set backfrom the mean high water mark oflakes, ponds, and navigable riversand streams a distance of:
Hamlet: 50 feetModerate Intensity Use: 50 feetLow Intensity Use: 75 feetRural Use: 75 feetResource Management: 100 feet
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APA Act – Shoreline Prohibitions
MEAN HIGH WATER MARK
Measure horizontally from the
mean high water mark
of the water body
Shoreline Setback Requirementsfor all structures greater than 100 square feet in size
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APA Act – Shoreline Prohibitions
• What is subject to the structure setback?– ALL:
• Buildings
• Stairs
• Decks
• Fences
– BUT NOT:• Boathouses
• Docks
• Certain retaining walls
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APA Act – Shoreline ProhibitionsDock exemption:
• A floating or fixed structure
• That extends horizontally (parallel with the water surface) into or over a lake, pond, or navigable river or stream
• From only that portion of the immediate shoreline or boathouse necessary to attach the floating or fixed structure to the shoreline or boathouse,
• Is no more than eight feet in width, orin the case of interconnected structures intended to accommodate multiple watercraft or other authorized use,each element of which is no more thaneight feet in width, and
• Is built or used for the purposes of securing and/or unloading water craftand/or for swimming or water recreation
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APA Act – Shoreline Prohibitions
Boathouse exemption:
• A covered structure• with direct access to a body of water• that is used only for the storage of boats and associated
equipment,• does not contain sanitary plumbing of any kind,• does not exceed a single story in that the roof rafters rest on
the top plate of the first floor wall, • and has a footprint of 1200 square feet or less and• a height of 15 feet or less
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APA Act – Shoreline Prohibitions
• All new wastewater treatment system leaching components must be set back 100 feet from the mean high water mark of all waterbodies, regardless of navigability
• Vegetative cutting must comply with the following:– No more than 30 percent of trees in excess of six inches in
diameter at breast height may be removed from within 35 feet of the mean high water mark on any lot
– No more than 30 percent of any type of vegetation may be removed from within six feet of the mean high water mark on any lot
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APA Act – Shoreline Prohibitions
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Wild, Scenic, and Recreational Rivers System Act
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Rivers Act – Basic Requirements
• Depending on the river classification, most subdivisions and new land uses or development within ¼ mile of the river require a permit
• Exception: Hamlet and Moderate Intensity Use lands
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Rivers Act – Basic Purpose
• Wild rivers– No new structures within the entire corridor
• Exception: Footbridges for nonmotorized open space recreation use
• Scenic rivers– No new structures within 250 feet of the mean high water mark
• Exceptions: Fences, poles, signs of less than two square feet in area, lean-tos, docks, bridges, and stream improvement structures for fishery management purposes
• Recreational rivers– No new structures within 150 feet of the mean high water mark
• Exceptions: Fences, poles, signs of less than two square feet in area, lean-tos, docks, boathouses, bridges, and stream improvement structures for fishery management purposes
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Freshwater Wetlands Act
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Wetlands Act – Basic RequirementsDefinition• Any land that is annually subject to periodic or continual
inundation by water, commonly referred to as a bog, swamp or marsh, and either:
One acre or more in size, OR
Located adjacent to a body of water,
including a permanent stream,
with which there is free interchange
of water at the surface.
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Wetlands Act – Basic Requirements
Most subdivision and development activities within wetlands require a permit, even in Hamlet areas
Includes:• Draining, dredging, excavating• Dumping, filling• Constructing structures, roads, obstructions• Clearcutting more than three acres
In addition, any action that substantially impairs the functions served by or the benefits derived from a wetland is a regulated activity, even if undertaken outside the wetland boundaries.
9 NYCRR § 578.3(n)See also ECL § 24-0701
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Contacting the Agency
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Jurisdication Inquiry Form
• Ensure that landowners know they should submit a Jurisdictional Inquiry Form before undertaking any project that might be jurisdictional
• Jurisdictional Determination:• Puts landowner on notice that proposed project will require a
permit or variance• Explaining the jurisdictional basis for which the permit is
needed• Non-Jurisdictional Determination :
• Ensures a smooth transition of property when the landowner wishes to sell
• Assures contractors or other parties working with the landowner that the proposed activity will not violate any laws enforced by the Agency
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Contacting the Agency
• CALL: (518) 891-4050
• Forms and information available online: www.apa.state.ny.us
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Questions?Christopher E. CooperCounsel518-891-4050
