S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4149

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- Multi-Sponsored by -- M. of A. AUBRY,
  CLARK, DIAZ, GLICK, GOTTFRIED, HOYT -- read once and referred  to  the
  Committee on Environmental Conservation

AN  ACT  to  amend the executive law, in relation to land development in
  the Adirondack park and to amend the  environmental  conservation  law
  and  the  executive  law,  in  relation to leasing of forest lands for
  recreational uses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 802 of the executive law is amended by adding a new
subdivision 23-a to read as follows:
  23-A.  "HUNTING AND FISHING CABIN" AND "PRIVATE CLUB STRUCTURE" MEAN A
CABIN, CAMP OR, LEAN-TO OR OTHER SIMILAR STRUCTURE  DESIGNED  FOR  OCCA-
SIONAL  OCCUPANCY  FOR HUNTING, FISHING, OR SIMILAR PURPOSES AND LACKING
FACILITIES THAT WOULD MAKE THE STRUCTURE SUITABLE AS A PERMANENT  DWELL-
ING.
  S  2.  Section  803-a of the executive law, as added by chapter 348 of
the laws of 1973, is amended to read as follows:
  S 803-a. Adirondack park local government REGIONAL PLANNING AND review
board. 1. For the purpose of advising and assisting the Adirondack  park
agency in carrying out its functions, powers and duties, [there is here-
by  established]  the  Adirondack  park local government review board IS
HEREBY REESTABLISHED, TO BE KNOWN AS THE ADIRONDACK PARK  LOCAL  GOVERN-
MENT  REGIONAL  PLANNING  AND REVIEW BOARD.  Such board shall consist of
twelve members, each of whom shall be a resident of a county  wholly  or
partly  within  the park. No more than one member shall be a resident of
any single county. Each member shall be appointed by or  in  the  manner
determined by the legislative body of each such county.
  2. The members of the review board shall serve for such terms as shall
be  determined by their respective appointing authorities. Any member of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07336-01-9

              

A. 4149                             2

the board may, if authorized by his OR HER appointing authority,  desig-
nate an alternate to serve in his OR HER absence.
  3.  The review board shall elect, for such term as it may determine, a
[chairman] CHAIRPERSON from among its membership and such other officers
as it deems necessary.   SUCH CHAIRPERSON SHALL  BECOME  AN  EX-OFFICIO,
NON-VOTING MEMBER OF THE ADIRONDACK PARK AGENCY.
  4.  The  review  board  shall  meet regularly at least four times each
year. Special meetings may be called by the [chairman]  CHAIRPERSON  and
shall  be  called by [him] SUCH CHAIRPERSON at the request of a majority
of the review board.
  5. No member of the review board shall be  disqualified  from  holding
any  other  office  or  employment  by  reason of his OR HER appointment
[hereunder] PURSUANT TO THIS SECTION, notwithstanding the provisions  of
any general, special, or local law.
  6.  The  members of the review board shall receive no compensation for
their services, but their respective appointing authorities may  provide
for  payment  of  their  actual  and  necessary expenses incurred in the
performance of their duties [hereunder] PURSUANT TO THIS SECTION.
  7. In addition to any other functions or duties specifically  required
or authorized in this article, the review board shall HAVE THE FOLLOWING
POWERS:
  A. TO PROVIDE TECHNICAL PLANNING ASSISTANCE TO LOCAL GOVERNMENTS;
  B.  TO PREPARE ALL OR A PORTION OF LOCAL LAND USE PROGRAMS PURSUANT TO
SECTION EIGHT HUNDRED SEVEN OF THIS ARTICLE  PURSUANT  TO  AN  AGREEMENT
WITH THE LOCAL GOVERNMENT FOR WHICH THE PROGRAM IS BEING PREPARED;
  C.  TO ADVISE THE ADIRONDACK PARK AGENCY IN THE PROVISION OF GRANTS TO
LOCAL GOVERNMENTS FOR PREPARATION AND ADMINISTRATION OF LOCAL  LAND  USE
PROGRAMS; AND
  D.  TO  monitor  the  administration and enforcement of the Adirondack
park land use and development plan and periodically report thereon,  and
make recommendations in regard thereto, to the governor and the legisla-
ture,  and to the county legislative body of each of the counties wholly
or partly within the park.
  S 3. Section 804 of the executive law  is  amended  by  adding  a  new
subdivision 9-a to read as follows:
  9-A.  TO  PROMULGATE, BY RULE AND REGULATION, A SCHEDULE OF FEES TO BE
COLLECTED PRIOR TO THE REVIEW OF THE FOLLOWING: (I)  VARIANCES  PURSUANT
TO  SECTION  EIGHT HUNDRED SEVEN OF THIS ARTICLE; (II) REGIONAL PROJECTS
PURSUANT TO SECTIONS EIGHT HUNDRED TEN AND EIGHT HUNDRED ELEVEN OF  THIS
ARTICLE;  AND  (III) APPLICATIONS PURSUANT TO TITLE II OF ARTICLE ELEVEN
OF THE PUBLIC HEALTH LAW. FEES SHALL NOT EXCEED ONE PERCENT OF THE CAPI-
TAL COST OF THE PROJECT, AS ESTIMATED AND DOCUMENTED BY  THE  APPLICANT.
THE  AGENCY  SHALL  PRESCRIBE, BY RULE AND REGULATION, THE DOCUMENTATION
REQUIRED BY APPLICANTS TO DEMONSTRATE CAPITAL  COSTS  PURSUANT  TO  THIS
SUBDIVISION.  FEES SHALL BE GRADUATED TO REFLECT THE POTENTIAL IMPACT ON
RESOURCES  OF  THE  PARK, THE SIZE OF THE PROJECT, AND THE COMPLEXITY OF
THE PERMIT.  MONEYS COLLECTED FROM FEES  PURSUANT  TO  THIS  SUBDIVISION
SHALL  BE PAID INTO THE MISCELLANEOUS SPECIAL REVENUE FUND TO THE CREDIT
OF THE ADIRONDACK PARK AGENCY ACCOUNT AND SHALL BE USED TO  FUND  PERMIT
REVIEW  ACTIVITIES. MINOR PROJECTS SHALL NOT BE SUBJECT TO FEES PURSUANT
TO THIS SUBDIVISION.  THE AGENCY SHALL CHARGE A FEE TO AN APPLICANT  FOR
A  PERMIT IN ORDER TO RECOVER THE COSTS INCURRED IN REVIEWING AND ACTING
UPON AN APPLICATION FOR SUCH PERMIT;
  S 4. Paragraphs f and g of subdivision 3 of section 805 of the  execu-
tive law, as added by chapter 348 of the laws of 1973, are amended and a
new subdivision 5 is added to read as follows:

A. 4149                             3

  f. Rural use areas. (1) Character description. Rural use areas, delin-
eated  in yellow on the plan map, are those areas where natural resource
limitations  and  public  considerations  necessitate  fairly  stringent
development  constraints.   These areas are characterized by substantial
acreages  of  one  or more of the following: fairly shallow soils, rela-
tively severe slopes, significant ecotones, critical wildlife  habitats,
proximity  to  scenic  vistas,  or  key public lands. In addition, these
areas are frequently remote from existing hamlet areas or are not readi-
ly accessible.
  Consequently, these areas are characterized by a low level of develop-
ment and variety of rural uses that are generally  compatible  with  the
protection  of the relatively intolerant natural resources and the pres-
ervation of open space.  These areas and the resource  management  areas
provide the essential open space atmosphere that characterizes the park.
  (2)  Purposes,  policies, and objectives. The basic purpose and objec-
tive of rural use areas [is] ARE to provide  for  and  encourage  FOREST
MANAGEMENT,  AGRICULTURAL  USES,  OPEN SPACE RECREATION, AND those rural
land uses that are consistent and compatible  with  the  relatively  low
tolerance  of  the  areas' natural resources and the preservation of the
open spaces that are essential and basic to the unique character of  the
park.  Another objective of rural use areas is to prevent strip develop-
ment along major travel corridors in order to enhance the aesthetic  and
economic benefit derived from a park atmosphere along these corridors.
  Residential  development  and related development and uses [should] IN
RURAL USE AREAS SHALL occur ONLY on large lots or  in  relatively  small
clusters  AND ONLY on carefully selected and well designed sites, APPRO-
PRIATELY SET BACK FROM HIGHWAYS AND SHORELINES, AND ONLY WHEN CONSISTENT
WITH THE PRESERVATION OF FOREST TRACTS OR WITH AGRICULTURAL USES.   This
will  provide for [further diversity in] residential [and related devel-
opment opportunities in the park] USE AT A SCALE WHICH  PRESERVES  CRIT-
ICAL   OPEN  SPACE  AND  AGRICULTURE  AND  FORESTRY  USES  AND  PROTECTS
WATERSHEDS.
  (3) Guideline for overall intensity of development. The overall inten-
sity of development for land located in  any  rural  use  area  [should]
SHALL  not exceed approximately [seventy-five] FORTY principal buildings
per square mile.
  (4) Classification of compatible uses.
  Primary uses in rural use areas:
  1. Single family dwellings.
  2. Individual mobile homes.
  3. Open space recreation uses.
  4. Agricultural uses.
  5. Agricultural use structures.
  6. Forestry uses.
  7. Forestry use structures.
  8.  Hunting and fishing cabins  and  hunting  and  fishing  and  other
private club structures.
  9. Game preserves and private parks.
  10. Cemeteries.
  11. [Private roads.
  12. Private sand and gravel extractions.
  13. Public utility uses.
  14.] Accessory  uses and structures to any use classified as a compat-
ible use.
  Secondary uses in rural use areas:
  1. Multiple family dwellings.

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  2. Mobile home courts.
  3. Public and semi-public buildings.
  4. Municipal roads.
  5. Agricultural service uses.
  6. Commercial uses.
  7. Tourist accommodations.
  8. Marinas, boatyards, and boat launching sites.
  9. Golf courses.
  10. Campgrounds.
  11. Group camps.
  12. Ski centers.
  13. Commercial seaplane bases.
  14. Commercial or private airports.
  15.  Sawmills,  chipping  mills,  pallet mills, and similar wood using
facilities.
  16. Commercial sand and gravel extractions.
  17. Mineral extractions.
  18. Mineral extraction structures.
  19. Watershed management and flood control projects.
  20. Sewage treatment plants.
  21. Waste disposal areas.
  22. Junkyards.
  23. Major public utility uses.
  24. Industrial uses.
  25. PRIVATE ROADS.
  26. PRIVATE AND COMMERCIAL SAND AND GRAVEL EXTRACTIONS.
  27. ENVIRONMENTAL EDUCATION FACILITIES.
  28. PUBLIC UTILITY USES.
  g. Resource management areas. (1)  Character  description.    Resource
management  areas,  delineated in green on the plan map, are those lands
where the need to protect, manage,  and  enhance  forest,  agricultural,
recreational,  and  open  space  resources  is  of  paramount importance
because of overriding natural resource and public  considerations.  Open
space  uses,  including forest management, agriculture, and recreational
activities, are found throughout these areas.
  Many resource management areas are characterized by substantial  acre-
ages  of  one  or  more  of the following: shallow soils, severe slopes,
elevations of over twenty-five hundred feet, flood plains, proximity  to
designated  or  proposed wild or scenic rivers, wetlands, critical wild-
life habitats, or habitats of  rare  and  endangered  plant  and  animal
species.
  Other  resource management areas include extensive tracts under active
forest management that are vital to the wood using industry  and  neces-
sary to [insure] ENSURE its raw material needs.
  Important  and  viable  agricultural  areas  are  included in resource
management areas, with many farms exhibiting a  high  level  of  capital
investment  for agricultural buildings and equipment. These agricultural
areas are of considerable economic importance to segments  of  the  park
and provide for a type of open space which is compatible with the park's
character.
  (2)  Purposes, policies, and objectives. The basic purposes and objec-
tives of resource management areas are to protect the delicate  physical
and  biological  resources,  encourage proper and economic management of
forest, agricultural, and recreational resources, and preserve the  open
spaces that are essential and basic to the unique character of the park.
[Another  objective of these areas is to prevent strip development along

A. 4149                             5

major travel corridors in order to enhance the  aesthetic  and  economic
benefits derived from a park atmosphere along these corridors.
  Finally, resource management areas will allow for residential develop-
ment  on substantial acreages or in small clusters on carefully selected
and well designed sites.]
  (3) [Guidelines for overall  intensity  of  development.  The  overall
intensity  of  development  for  land located in any resource management
area should not exceed approximately  fifteen  principal  buildings  per
square mile.
  (4)] Classification of compatible uses.
  Primary uses in resource management areas:
  1. Agricultural uses.
  2. Agricultural use structures.
  3. Open space recreation uses.
  4. Forestry uses.
  5. Forestry use structures.
  6. Game preserves and private parks.
  7. [Private roads.
  8. Private sand and gravel extractions.
  9. Public utility uses.
  10.]  Hunting  and  fishing cabins [and hunting and fishing] and other
private club structures involving less than five hundred square feet  of
floor space.
  [11.]  8.  Accessory  uses  and  structures to any use classified as a
compatible use.
  Secondary uses in resource management areas:
  1. [Single family dwellings] HOMESTEADS PURSUANT TO PARAGRAPHS B AND C
OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED ELEVEN OF THIS ARTICLE.
  2. [Individual mobile homes.
  3. Hunting and fishing  cabins  and  hunting  and  fishing  and  other
private  club  structures  involving five hundred square feet or more of
floor space.
  4.] Campgrounds.
  [5.] 3. Group camps.
  [6.] 4. Ski centers and related tourist accommodations.
  [7.] 5. Agricultural service uses.
  [8.] 6. Sawmills, chipping mills, pallet mills, and similar wood using
facilities.
  [9. Commercial]
  7. PRIVATE ROADS.
  8. PRIVATE AND COMMERCIAL sand and gravel extractions.
  9. ENVIRONMENTAL EDUCATION FACILITIES.
  10. Mineral extractions.
  11. Mineral extraction structures.
  12. Watershed management and flood control projects.
  13. Sewage treatment plants.
  14. [Major public] PUBLIC utility uses.
  15. Municipal roads.
  [16. Golf courses.]
  5. RESIDENTIAL DEVELOPMENT OF RURAL  AND  RESOURCE  MANAGEMENT  LANDS.
NOTWITHSTANDING  ANY  PROVISION  OF  THIS ARTICLE OTHER THAN SUBDIVISION
ELEVEN OF SECTION EIGHT HUNDRED NINE OF THIS ARTICLE,  NO  PERSON  SHALL
UNDERTAKE, AND NO AGENCY OR LOCAL GOVERNMENT SHALL APPROVE:
  A.  ANY  RESIDENTIAL  SUBDIVISION  OF  THREE OR MORE LOTS, PARCELS, OR
SITES IN A RURAL USE AREA UNLESS IT IS IN A RELATIVELY SMALL CLUSTER  OR
CLUSTERS  WHERE THE CONSTRUCTION OF PRINCIPAL BUILDINGS AND RELATED LAND

A. 4149                             6

USE AND DEVELOPMENT ARE CONFINED TO AND CONCENTRATED IN A LIMITED NUMBER
OF AREAS APPROPRIATELY SET BACK FROM HIGHWAYS  WHERE,  DUE  TO  TOLERANT
NATURAL  RESOURCE  AND OTHER PERTINENT DEVELOPMENT CONSIDERATIONS, THERE
IS  MINIMAL POTENTIAL FOR UNDUE ADVERSE IMPACT UPON THE NATURAL, SCENIC,
AESTHETIC, ECOLOGICAL, WILDLIFE, HISTORIC, RECREATIONAL, OR  OPEN  SPACE
RESOURCES OF THE PARK. FURTHER, NOT LESS THAN EIGHTY-FIVE PERCENT OF THE
LAND  INCLUDED  WITHIN  ANY PROJECT INVOLVING FIVE HUNDRED OR MORE ACRES
WITHIN RURAL USE AREAS AND NOT LESS THAN  SEVENTY-FIVE  PERCENT  OF  THE
LAND INCLUDED WITHIN ANY PROJECT INVOLVING FEWER THAN FIVE HUNDRED ACRES
WITHIN RURAL USE AREAS IS TO REMAIN UNDEVELOPED OPEN SPACE WHERE NATURAL
FEATURES  SUCH  AS  WETLANDS,  WATERCOURSES,  WATERBODIES,  FLOODPLAINS,
SCENIC VIEWS, FOREST RESOURCES, AND OTHER  CRITICAL  RESOURCES  WILL  BE
PRESERVED; OR
  B.  ANY  SUBDIVISION  OR OTHER DEVELOPMENT OF RESIDENTIAL DWELLINGS OR
MOBILE HOMES OF ANY SIZE IN RESOURCE MANAGEMENT AREAS, EXCEPTING A HOME-
STEAD PURSUANT TO SECTION EIGHT HUNDRED ELEVEN OF THIS ARTICLE.
  S 5. Section 806 of the executive law, as added by chapter 348 of  the
laws of 1973, the opening paragraph and subparagraph 1 of paragraph a of
subdivision 1 and subdivision 2 as amended by chapter 899 of the laws of
1976 and subdivision 3 as amended by chapter 428 of the laws of 1979, is
amended to read as follows:
  S  806.  Shoreline  restrictions.  1.  In  order  to  provide adequate
protection of the quality of the lakes, ponds, rivers,  and  streams  of
the  park  and the qualities of their shorelines, no person shall under-
take any new land  use  or  development  or  subdivision  of  land  that
involves any shoreline within the park, except in compliance, at a mini-
mum, with the following restrictions. In addition, compliance with these
restrictions  shall  be  required,  AT  A  MINIMUM, by the agency in its
review of any project under section eight hundred nine OF  THIS  ARTICLE
and,  at a minimum, by any local government in the adoption and enforce-
ment of a local land use  program.  All  distances  contained  in  these
restrictions  shall  be  measured  horizontally. For the purpose of this
section AND SECTIONS EIGHT HUNDRED TEN AND EIGHT HUNDRED ELEVEN OF  THIS
ARTICLE,  any  lot, parcel, or site that adjoins a shoreline, includes a
shoreline, or, in whole or in part, is located at or within the  minimum
[set  back]  SETBACK  requirement  [as]  provided in subparagraph two of
paragraph a of this subdivision, and any land use or development on such
a lot, parcel, or site, shall be deemed to involve that shoreline.
  a. In the case of the shorelines of all lakes and ponds and the shore-
lines of any river designated to be studied [as a] FOR  POSSIBLE  INCLU-
SION  IN  THE wild, scenic [or] , AND recreational [river] RIVERS SYSTEM
in accordance with the environmental conservation law or  any  river  or
stream  navigable  by  boat, including canoe, the following restrictions
shall apply:
  (1) The minimum lot width, measured [along] AS A STRAIGHT LINE BETWEEN
THE POINTS WHERE THE LOT BOUNDARY INTERSECTS  the  shoreline,  for  each
[one  family  residential  structure]  PRINCIPAL BUILDING shall be fifty
feet in hamlet areas, one hundred feet in moderate intensity use  areas,
AND  one  hundred  twenty-five  feet  in  low  intensity use areas[, one
hundred fifty feet in rural use areas, and two hundred feet in  resource
management  areas];  provided  that  the minimum lot width for a lot not
adjoining or including shoreline which is deemed  to  involve  shoreline
for  the  purposes of this section may be measured lateral to the shore-
line at any point on  the  lot.  [Nothing  herein  shall  be  deemed  to
preclude  the  application  of appropriate shoreline restrictions to new

A. 4149                             7

uses other than one family residential  structures  subject  to  project
review by the agency or to an approved local land use program.]
  (2) The minimum setback FROM THE MEAN HIGH-WATER MARK of all principal
buildings and accessory structures in excess of one hundred square feet,
WHETHER  MEASURED  HORIZONTALLY OR VERTICALLY, other than docks or boat-
houses, [from the mean high-water mark] shall be fifty  feet  in  hamlet
areas  and moderate intensity use areas, seventy-five feet in low inten-
sity [and rural use] areas, and [one hundred feet in resource management
areas] TWO HUNDRED FEET IN RURAL USE AND RESOURCE MANAGEMENT AREAS.
  (3) The [removal of vegetation, including trees, shall be permitted on
shorefront lots provided the]  following  MINIMUM  standards  [are  met]
APPLY TO THE REMOVAL OF SHOREFRONT VEGETATION IN ALL LAND USE AREAS:
  (a)  [Within  thirty-five] IN HAMLETS, MODERATE INTENSITY USE, AND LOW
INTENSITY USE AREAS WITHIN THIRTY-FIVE FEET OF THE MEAN HIGH-WATER MARK,
NOT MORE THAN THIRTY PERCENT OF THE TREES IN EXCESS OF SIX INCHES  DIAM-
ETER  AT BREAST HEIGHT EXISTING AT ANY TIME MAY BE CUT OVER ANY TEN-YEAR
PERIOD.
  (B) IN HAMLETS, MODERATE INTENSITY USE, AND LOW  INTENSITY  USE  AREAS
WITHIN  SIX  FEET  OF  THE  MEAN  HIGH-WATER  MARK, NO VEGETATION MAY BE
REMOVED, EXCEPT THAT UP TO A MAXIMUM OF THIRTY PERCENT OF THE SHOREFRONT
MAY BE CLEARED OF VEGETATION ON ANY INDIVIDUAL LOT. THIS PROVISION SHALL
BE ADHERED TO IN ADDITION TO CLAUSE (A) OF THIS SUBPARAGRAPH.
  (C) IN RURAL USE  AREAS  AND  RESOURCE  MANAGEMENT  AREAS  WITHIN  ONE
HUNDRED  feet of the mean high-water mark, not more than [thirty] TWENTY
percent of the trees in excess of [six] FOUR inches diameter  at  breast
height [existing at any time] may be cut [over any ten-year period].
  [(b)  Within six] (D) IN RURAL USE AREAS AND RESOURCE MANAGEMENT AREAS
WITHIN FIFTEEN feet of the mean high-water mark, no  vegetation  may  be
removed,  except  that  [up to a maximum of thirty percent of the shore-
front] AN AREA OF THE SHORELINE UP TO TEN FEET WIDE may  be  cleared  of
vegetation  on  any  individual  lot, PARCEL, OR SITE.   [This provision
shall be adhered to in addition to (a) above.
  (c) The above cutting] (E) THESE standards  shall  not  be  deemed  to
prevent the removal of diseased vegetation or of rotten or damaged trees
or of other vegetation that [present] PRESENTS safety or health hazards.
  (4) The following minimum shoreline frontages shall be required in all
land  use  areas  for  deeded  or  contractual access to all such lakes,
ponds, rivers, or streams for five or more lots, parcels,  or  sites  or
multiple  family  dwelling units not having separate and distinct owner-
ship of shore frontage:
  (a) Where five to twenty lots or multiple family  dwelling  units  are
involved, a total of not less than one hundred feet.
  (b)  Where  more  than  twenty  and  not more than one hundred lots or
multiple dwelling units are involved, a minimum of three feet  for  each
additional lot or multiple dwelling unit in excess of twenty.
  (c)  Where  more  than one hundred and not more than one hundred fifty
lots or multiple dwelling units are involved, a minimum of two feet  for
each additional lot or multiple dwelling unit in excess of one hundred.
  (d)  Where more than one hundred fifty lots or multiple dwelling units
are involved, a minimum of one foot for each additional lot or  multiple
dwelling unit in excess of one hundred fifty.
  b.  In  the case of all lakes, ponds, rivers, and streams, the minimum
setback of any on-site sewage drainage field [or seepage pit]  shall  be
[one]  TWO  hundred  feet  from the mean high-water mark in all land use
areas. IN NO INSTANCE SHALL ANY SEEPAGE PIT BE ALLOWED,  NOR  SHALL  ANY
DRAINAGE  FIELD  CONSTRUCTED  ON OR IN FILL SOIL WHERE THE BOTTOM OF THE

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LEACHING TRENCH IS LOCATED AT  OR  ABOVE  NATURAL  AND  ORIGINAL  GROUND
ELEVATION,  AND  COMMONLY  KNOWN  AS  A  FILL SYSTEM OR MOUND SYSTEM, BE
ALLOWED.
  2.  THERE SHALL BE NO MINIMUM SIZE OR MINIMUM WIDTH FOR LOTS INVOLVING
SHORELINE IN RURAL USE AND RESOURCE MANAGEMENT AREAS.  WITHIN ONE-EIGHTH
MILE OF THE SHORELINE OF ANY LAKE OR POND, OR RIVER OR STREAM  NAVIGABLE
BY  CANOE  IN SUCH AREAS, THE ONLY ALLOWABLE USES ARE FOR FOREST MANAGE-
MENT, OPEN SPACE RECREATION, AND SINGLE FAMILY DWELLINGS OR MOBILE HOMES
ALLOWED PURSUANT TO PARAGRAPH A OF  SUBDIVISION  ONE  OF  SECTION  EIGHT
HUNDRED ELEVEN OF THIS ARTICLE.
  [2]  3.    In all of the above restrictions, the term "mean high-water
mark" shall mean the spillway  elevation  contour,  which  is  at  seven
hundred  seventy-one  feet  elevation above mean sea level, whenever the
Great Sacandaga Lake is involved.
  [3] 4.  a. Any person seeking a variance from the strict letter of the
shoreline restrictions in connection with any new land use  or  develop-
ment  or  subdivision  of land proposed to be located in a land use area
governed by an approved local land use program  shall  make  application
therefor to the local government as provided in such approved local land
use  program.  If a person is seeking such a variance in a land use area
not governed by an approved local land use program, he OR SHE shall make
application therefor to the agency whether or not the agency has project
review jurisdiction over the new land use or development or  subdivision
of land involved. Upon such application, and after public hearing there-
on,  the local government or the agency shall, where there are practical
difficulties or unnecessary hardships in the way  of  carrying  out  the
strict  letter of the restrictions, have authority to vary or modify the
application of such restrictions relating to the use,  construction,  or
alteration  of  buildings or structures, or the use of land, so that the
spirit of such restrictions shall be observed, public safety and welfare
secured, and substantial justice done.
  b. The local government shall act upon any application  to  it  within
the  time  provided  for in its local land use program. The agency shall
act upon any application to  it  which  is  associated  with  a  project
subject to its review jurisdiction within the period provided in section
eight  hundred  nine OF THIS ARTICLE.  In the case of any other applica-
tion, the agency shall schedule a public hearing within fifteen days  of
receipt of an application in such form and manner as it shall prescribe.
The  public hearing shall be commenced within thirty days of the date it
is scheduled. The agency shall act upon a  variance  application  within
forty-five  days  of  the receipt by the agency of a complete record, as
that term is defined in paragraphs (a) through (e) of subdivision one of
section three hundred two of the state administrative procedure act.
  [4] 5.  The shoreline restrictions shall not apply  to  any  emergency
land   use  or  development  which  is  immediately  necessary  for  the
protection of life or property as defined by the agency in its rules and
regulations governing its procedures to review projects,  as  authorized
in section eight hundred nine OF THIS ARTICLE.
  [5]  6.  In order to encourage clustering of buildings and the mainte-
nance of undeveloped shorelines, as an alternative to  THE  minimum  lot
widths  of  the  shoreline  restriction,  shoreline development may take
place in the following land use areas  upon  the  following  approximate
overall  intensities  of principal buildings (other than boathouses) per
linear mile of shoreline or proportionate fraction thereof:
                                                     Principal Buildings
  Land Use Areas                                        Per Linear Mile

A. 4149                             9

  Hamlet.......................................................106
  Moderate Intensity USE.......................................53
  Low Intensity USE............................................42
  [Rural Use...................................................36
  Resource Management..........................................26]
  This alternative method of cluster shoreline development shall only be
employed  where  a  single  ownership  or  a group of two or more owners
acting in concert is involved. In addition, approval of this  method  of
development  must carry with it provisions, whether by deed restriction,
restrictive covenant, or other similar appropriate  means,  to  [insure]
ENSURE the retention in open space of the undeveloped portions of shore-
line developed on a cluster basis. The agency, ACTING within its project
review  jurisdiction,  or  a  local government, ACTING under an approved
local land use program, may apply these  optional  shoreline  clustering
provisions.  Any  person proposing to undertake new land use or develop-
ment or subdivision of land in a  land  use  area  not  governed  by  an
approved  local  land use program and [that is] not subject to the agen-
cy's project review jurisdiction[,] may apply to the agency for a permit
to employ such alternative method, and the agency shall  have  authority
to  grant  such  a permit if the above required terms and conditions are
met. The agency shall act upon such application within thirty days after
receipt thereof.
  7. NOTHING IN THIS SECTION SHALL BE DEEMED TO PREVENT THE  APPLICATION
OF  MORE RESTRICTIVE SHORELINE RESTRICTIONS IN THE REVIEW OF ANY PROJECT
BY THE AGENCY PURSUANT TO SECTION EIGHT HUNDRED NINE OF THIS ARTICLE  OR
BY  A  LOCAL  GOVERNMENT PURSUANT TO AN APPROVED LOCAL LAND USE PROGRAM,
WHERE NECESSARY TO PROTECT THE WATER QUALITY OF THE WATER BODY  INVOLVED
OR  OTHERWISE  PREVENT  UNDUE  ADVERSE  IMPACT UPON THE RESOURCES OF THE
ADIRONDACK PARK.
  8. THE AGENCY SHALL PROMULGATE RULES  AND  REGULATIONS  REQUIRING  THE
INSPECTION  AND CERTIFICATION, AT THE TIME OF ANY TRANSFER OF REAL PROP-
ERTY, OF ANY SEPTIC SYSTEM IN WHOLE OR IN PART WITHIN TWO  HUNDRED  FEET
OF  A  SHORELINE  OF  ANY  NAVIGABLE  STREAM  OR RIVER OR ANY LAKE. SUCH
INSPECTION SHALL OCCUR UPON  APPLICATION  FOR  A  BUILDING  PERMIT  WITH
REGARD  TO  IMPROVEMENTS  ON  SUCH PROPERTY IF THE SEPTIC SYSTEM HAS NOT
BEEN INSPECTED IN THE PREVIOUS TWENTY-FOUR MONTHS. A FEE OF  THIRTY-FIVE
DOLLARS FOR EACH SUCH INSPECTION MAY BE COLLECTED. IF SUCH INSPECTION IS
PERFORMED  BY  THE AGENCY, SUCH FEE SHALL BE PAID INTO THE MISCELLANEOUS
SPECIAL REVENUE FUND  TO  THE  CREDIT  OF  THE  ADIRONDACK  PARK  AGENCY
ACCOUNT.
  S  6. Paragraphs a and c of subdivision 1 of section 811 of the execu-
tive law, paragraph a as amended by chapter 900 of the laws  of 1976 and
paragraph c as added by chapter 348 of the laws of 1973, are amended  to
read as follows:
  a.  Single  family  dwelling on existing vacant lot. One single family
dwelling or mobile home shall be allowed to be built on any  vacant  lot
which  was  on record on the date that this [act shall become] PARAGRAPH
BECAME a law regardless of the overall intensity  guidelines[,]  or  the
minimum lot width provisions of the shoreline restrictions. IN RURAL USE
AND  RESOURCE  MANAGEMENT  AREAS, ONE SINGLE FAMILY DWELLING OR MANUFAC-
TURED HOME SHALL BE ALLOWED TO BE BUILT ON ANY VACANT LOT WHICH  WAS  ON
RECORD  ON  THE  DATE ON WHICH SUBDIVISION FIVE OF SECTION EIGHT HUNDRED
FIVE OF THIS ARTICLE SHALL HAVE BECOME LAW, IF SUCH DWELLING OR MANUFAC-
TURED HOME WOULD HAVE BEEN ALLOWED TO BE BUILT PRIOR  TO  SUCH  SUBDIVI-
SION'S  HAVING  BECOME LAW.   For the purposes of this exemption, such a
lot must not adjoin other  lots  in  the  same  ownership[,];  provided,

A. 4149                            10

however, that all such lots in the same ownership may be treated togeth-
er as one lot.  In addition to the foregoing exemption, where the agency
has  jurisdiction,  for  a  reason other than its location in a critical
environmental  area, of a single family dwelling or mobile home on a lot
described in this paragraph which is owned  by  an  individual  who  has
continually  owned  such  lot  since May twenty-second, nineteen hundred
seventy-three, it may not disapprove the project on any of  the  grounds
specified  in  paragraph  e  of subdivision ten of section eight hundred
nine OF THIS ARTICLE, but may impose such reasonable conditions  on  the
type  and  manner of placement of any individual on-site sewage disposal
facilities as are in furtherance of the purposes of this article and  in
compliance with applicable standards of the department of health.
  c.  Gifts,  devises,  and  inheritances. (1) The mere division of land
resulting from bona fide  gift,  devise,  or  inheritance  by  and  from
natural  persons shall not be subject to review by the agency; PROVIDED,
HOWEVER, SUCH DIVISION  OF  LAND  SHALL  NOT  BE  DEEMED  TO  CONSTITUTE
APPROVAL OF ANY NEW LAND USE OR DEVELOPMENT THEREON.
  (2) New land use or development on lots, parcels, or sites conveyed by
individuals[,  who  on  the date that this act shall become law own such
land,] to members of their immediate families by bona fide gift, devise,
or inheritance[,] shall be exempt from the overall intensity  guidelines
[and  the  minimum  lot  size criteria specified in the class B regional
project lists] PROVIDED IN SECTION EIGHT HUNDRED FIVE  OF  THIS  ARTICLE
for  the  purpose  of  constructing one single family dwelling or mobile
home on any such lot, parcel, or site; PROVIDED, HOWEVER, THAT THE DONOR
MUST HAVE OWNED SUCH LAND AND HAVE HAD  HIS  OR  HER  PRIMARY  RESIDENCE
WITHIN THE PARK ON JANUARY FIRST, TWO THOUSAND TEN.
  S  7.  Section 9-0101 of the environmental conservation law is amended
by adding a new subdivision 10 to read as follows:
  10. "FOREST PRODUCT COMPANY" MEANS A FOR-PROFIT CORPORATION  OR  OTHER
BUSINESS ENTITY, ENGAGED IN THE COMMERCIAL USE OF FOREST LAND, EMPLOYING
MORE  THAN  THIRTY  PEOPLE  AND OWNING OR LEASING MORE THAN FIVE HUNDRED
ACRES OF FOREST LAND IN THE STATE.
  S 8. Article 9 of the environmental conservation  law  is  amended  by
adding a new title 19 to read as follows:
                                TITLE 19
                         LEASING OF FOREST LANDS
SECTION 9-1901. SITING PLANS.
        9-1903. ADIRONDACK PARK.
S 9-1901. SITING PLANS.
  1.  NO  FOREST PRODUCT COMPANY SHALL ENTER INTO OR EXTEND AN AGREEMENT
TO LEASE FOREST LAND FOR RECREATIONAL USES INCLUDING BUT NOT LIMITED  TO
HUNTING,  FISHING,  OR  BOATING,  OR  FOR  RESIDENTIAL USES, UNLESS SUCH
COMPANY HAS SUBMITTED AND RECEIVED APPROVAL OF A SITING  PLAN  FOR  SUCH
FOREST LAND.
  2.  THE  DEPARTMENT SHALL DEVELOP RULES AND REGULATIONS TO REQUIRE THE
SUBMISSION OF SITING PLANS BY FOREST PRODUCT COMPANIES.  A  SITING  PLAN
SHALL INCLUDE, AT A MINIMUM:
  A.  A  MAP TO A SCALE DEEMED REASONABLE BY THE DEPARTMENT, IDENTIFYING
THE LOCATION OF EXISTING  OR  PLANNED  STRUCTURAL  DEVELOPMENT  AND  THE
LOCATION OF EXISTING OR PLANNED ROADWAYS, SEASONAL OR PERMANENT; AND
  B.  A  DESCRIPTION  OF  THE  SIZE,  NATURE, AND USE OF ALL EXISTING OR
PLANNED STRUCTURAL DEVELOPMENT.
  3. EACH SITING PLAN OR AMENDMENT TO A SITING PLAN  SHALL  BE  REVIEWED
AND  APPROVED,  DENIED,  OR  APPROVED WITH CONDITIONS BY THE DEPARTMENT.

A. 4149                            11

MODIFICATIONS MAY BE REQUIRED BY  THE  DEPARTMENT  TO  MINIMIZE  ADVERSE
IMPACTS ON NATURAL RESOURCES.
  4. THE DEPARTMENT SHALL NOT APPROVE A SITING PLAN OR AN AMENDMENT TO A
SITING  PLAN  UNLESS ALL STRUCTURAL AND ROADWAY DEVELOPMENT CONTAINED IN
THE PLAN ARE SITED TO MINIMIZE ADVERSE  IMPACTS  ON  NATURAL  RESOURCES,
UTILIZING APPROPRIATE SETBACKS, CLUSTERING, AND DENSITY LIMITS.
  5.  NO  STRUCTURAL  OR ROADWAY DEVELOPMENT ASSOCIATED WITH A LEASE FOR
RECREATIONAL OR RESIDENTIAL USES SHALL OCCUR ON FOREST  LANDS  OWNED  OR
LEASED  BY  A FOREST PRODUCT COMPANY UNLESS SUCH DEVELOPMENT CONFORMS TO
AN APPROVED SITING PLAN AND UTILIZES BEST MANAGEMENT PRACTICES TO  MINI-
MIZE  RUNOFF, EROSION, AND CONTAMINATION OF WATERS. FOR PURPOSES OF THIS
SECTION, THE EXPANSION OF  EXISTING  STRUCTURES  OR  ROADWAYS  SHALL  BE
DEEMED NEW DEVELOPMENT.
S 9-1903. ADIRONDACK PARK.
  WHERE  ANY  FOREST LAND LIES WITHIN THE ADIRONDACK PARK, AS DEFINED IN
SECTION EIGHT HUNDRED TWO OF THE EXECUTIVE LAW, THE RESPONSIBILITIES AND
DUTIES OF THE DEPARTMENT UNDER  THIS  TITLE,  INCLUDING  DEVELOPMENT  OF
RULES AND REGULATIONS, SHALL BE CARRIED OUT BY THE ADIRONDACK PARK AGEN-
CY.
  S  9.  Section  804  of  the  executive law is amended by adding a new
subdivision 11 to read as follows:
  11. TO IMPLEMENT THE PROVISIONS OF TITLE NINETEEN OF ARTICLE  NINE  OF
THE  ENVIRONMENTAL CONSERVATION LAW, INCLUDING THE PROMULGATION OF RULES
AND REGULATIONS, TO THE EXTENT THEY APPLY TO  FOREST  LANDS  WITHIN  THE
PARK.
  S  10. This act shall take effect immediately; provided, however, that
sections one, two, three, four, five and six  of  this  act  shall  take
effect  on  the  one  hundred eightieth day after it shall have become a
law.  Effective immediately any rules and regulations necessary for  the
timely  implementation  of this act on its effective date may be promul-
gated on or before such effective date.