§ 809. Agency administration and enforcement of the land use and
development plan. 1. The agency shall have jurisdiction to review and
approve all class A regional projects, including those proposed to be
located in a land use area governed by an approved local land use
program, and all class B regional projects in any land use area not
governed by an approved and validly enacted or adopted local land use
program.

All projects shall be reviewed and acted upon as expeditiously as
practical. In particular, to facilitate the review of minor project
applications, the agency shall develop simplified application forms to
deal with such projects, and will comply with the special procedures for
such projects set forth in this section. For the purposes of this
section, "minor project" shall mean any individual single family
dwelling or mobile home or any subdivision involving two lots, parcels
or sites.

2. a. Any person proposing to undertake a class A regional project in
any land use area, or a class B regional project in any land use area
not governed by an approved and validly enacted or adopted local land
use program, shall make application to the agency for approval of such
project and receive an agency permit therefor prior to undertaking the
project. Such application shall be filed in such form and manner as the
agency may prescribe. The agency shall, upon receipt of such
application, provide notice of receipt of the application and a brief
description of the project to the Adirondack park local government
review board, the chairman of the county planning board, if any, of the
county wherein the project is proposed to be located, to the chairman of
the appropriate regional planning board, and to the chief elected
officer, clerk and planning board chairman, if any, of the local
government wherein such project is proposed to be located. The agency
shall, upon request, furnish or make a copy of the application available
to the review board or to the officials listed in this paragraph.

b. On or before fifteen calendar days after the receipt of such
application the agency shall notify the project sponsor by certified
mail whether or not the application is complete. For the purposes of
this section, a "complete application" shall mean an application for a
permit which is in an approved form and is determined by the agency to
be complete for the purpose of commencing review of the application but
which may need to be supplemented during the course of review as to
matters contained in the application in order to enable the agency to
make the findings and determinations required by this section. If the
agency fails to mail such notice within such fifteen-day period, the
application shall be deemed complete. If the agency determines the
application is not complete, the notice shall include a concise
statement of the respects in which the application is incomplete. The
submission by the project sponsor of the requested additional
information shall commence a new fifteen calendar day period for agency
review of the additional information for the purposes of determining
completeness. If the agency determines the application is complete, the
notice shall so state.

A notice of application completion shall not be required in the case
of applications for minor projects which the agency determines to be
complete when filed. Such applications shall be deemed complete for the
purposes of this section upon the date of receipt.

c. The project sponsor shall not undertake the project for a period of
ninety days, or in the case of a minor project, forty-five days,
following the date of such notice of application completion, or the date
the application is deemed complete pursuant to the provisions of this
section, unless a permit is issued prior to the expiration of such
periods.

d. Immediately upon determining that an application is complete, the
agency shall, except in relation to minor projects, cause a notice of
application to be published in the next available environmental notice
bulletin published by the department of environmental conservation
pursuant to section 3-0306 of the environmental conservation law, which
publication shall be not later than ten calendar days after the date of
such notice. The time period for public comment on a permit application
shall be stated in the notice of application. The agency shall at the
same time mail a copy of the notice of application completion to the
Adirondack park local government review board and to the persons named
in paragraph a of subdivision two of this section, and invite their
comments.

3. a. Within the time periods specified in paragraphs b and c of this
subdivision, the agency shall make a decision on a permit application by
notifying the project sponsor by certified mail of its decision to
approve the project, approve the project subject to conditions or
disapprove the project.

b. In the case of an application for a permit for which no public
hearing has been held, the agency decision shall be mailed on or before
ninety calendar days or, in the case of a minor project, forty-five
calendar days, after the agency notifies the project sponsor that the
application is complete or after the application is deemed complete
pursuant to the provisions of this section.

c. In the case of an application for a permit for which a public
hearing has been held, the agency decision shall be mailed on or before
sixty calendar days after 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.

d. If the agency determines to hold a public hearing on an application
for a permit, the agency shall notify the project sponsor of its
determination by certified mail on or before sixty calendar days or, in
the case of a minor project, forty-five calendar days after the agency
notifies the project sponsor that the application is complete or after
the application is deemed complete pursuant to the provisions of this
section. The determination of whether or not to hold a public hearing on
an application shall be based on whether the agency's evaluation or
comments of the review board, local officials or the public on a project
raise substantive and significant issues relating to any findings or
determinations the agency is required to make pursuant to this section,
including the reasonable likelihood that the project will be disapproved
or can be approved only with major modifications because the project as
proposed may not meet statutory or regulatory criteria or standards. The
agency shall also consider the general level of public interest in a
project. No project may be disapproved without a public hearing first
being held thereon.

e. If the agency has notified the project sponsor of its determination
to hold a public hearing, the sponsor shall not undertake the project
during the time period specified in paragraph c of this subdivision. The
notice of determination to hold a public hearing shall state that the
project sponsor has the opportunity within fifteen days to withdraw his
application or submit a new application. A public hearing shall commence
on or before ninety calendar days, or in the case of a minor project,
seventy-five days, after the agency notifies the project sponsor that
the application is complete or after the application is deemed complete
pursuant to the provisions of this section. In addition to notice of
such hearing being mailed to the project sponsor, such notice shall also
be given by publication at least once in the environmental notice
bulletin and in a newspaper having general circulation in each local
government wherein the project is proposed to be located, by conspicuous
posting of the land involved, and by individual notice served by
certified mail upon each owner of record of the land involved, and by
mail upon: the Adirondack park local government review board, the
persons named in paragraph a of subdivision two of this section, any
adjoining landowner, to the extent reasonably discernible from the
latest completed tax assessment roll, and the clerk of any local
government within five hundred feet of the land involved. Public
hearings held pursuant to this section shall be consolidated or held
jointly with other state or local agencies whenever practicable.

4. The agency shall make provision in its rules and regulations
adopted pursuant to subdivision fourteen of this section for the
Adirondack park local government review board and county and regional
planning agencies receiving notice under subdivision two to have
opportunity to review and render advisory comments on the project under
review by the agency.

5. Notice of an agency decision shall be given by mail to those
entitled to individual notice of application under subdivision two and
notice of hearing under subdivision three, if a hearing is held. If the
decision is approval, the agency shall within ten days of issuance of
its notification of approval grant a permit to the project sponsor to
undertake the project. If the decision is approval subject to
conditions, the agency shall grant a permit only upon satisfactory
fulfillment of such conditions. Approval subject to conditions shall
expire six months from the date of such approval, or such longer time as
is specified in the notification or approval, unless a permit has been
granted. An agency permit shall serve as authorization for the project
sponsor to undertake the project in accordance with the terms and
conditions thereof.

6. a. If the agency fails to mail a decision on an application for a
permit within the time periods specified in paragraphs b and c of
subdivision three of this section, the project sponsor may cause notice
of such failure to be made to the agency by means of certified mail,
return receipt requested, addressed to the agency at its headquarters
office. If, within five working days after the receipt of such notice
the agency fails to mail a decision, the application shall be deemed
approved and a permit deemed granted subject to any standard terms or
conditions applicable to such a permit and the agency shall provide the
project sponsor with a written certification to this effect.

b. Any time period specified in this section may be waived and
extended for good cause by written request of the project sponsor and
consent of the agency, or by written request of the agency and consent
of the project sponsor.

c. At any time during the review of an application for a permit or a
request by a permit holder for the renewal, reissuance, or modification
of an existing permit pursuant to subdivision eight of this section, the
agency may request additional information from the project sponsor or
permit holder with regard to any matter contained in the application or
request when such additional information is necessary for the agency to
make any findings or determinations required by law. Such a request
shall not extend any time period for agency action contained in this
section. Failure by the project sponsor or permit holder to provide such
information may be grounds for denial by the agency of the application
or request.

7. a. A permit or certificate issued by the agency pursuant to
subdivision five or six of this section shall expire within sixty days
from the date thereof unless within such sixty-day period such permit or
certificate shall have been duly recorded in the name of the landowner
in the office of the clerk of the county wherein the project is proposed
to be located. Where a permit involves action in concert by two or more
landowners as described by paragraph c of subdivision ten of this
section, the permit shall be recorded in the name of each landowner.

b. A permit when properly recorded shall operate and be construed as
actual notice of the right to undertake the project and of the terms and
conditions imposed by such permit. Such right shall extend to and such
terms and conditions shall be binding upon all subsequent grantees of
the land area subject to the permit, except those conditions which by
their nature or wording are to be performed by the original project
sponsor and except as may be otherwise provided by the terms of such
permit.

c. If a project for which a permit has been granted, or a certificate
issued, is not in existence within two years after the recording of such
permit or certificate, unless the terms of the permit provides for a
longer period of time, the project may not thereafter be undertaken or
continued unless an application for a new permit therefor has been
applied for and granted in the same manner and subject to all conditions
governing the application for and granting of a permit as provided in
this section. In determining whether to provide a longer period of time
by when the project must be in existence, the agency shall give due
consideration to the potential of the land related to the project to
remain suitable for the use allowed by the permit and to the economic
considerations attending the project.

8. a. Upon the provision of notice stating the grounds for its action
and giving an opportunity for hearing to the permit holder, the agency
may modify, suspend or revoke a permit.

b. A permit holder may make written request to the agency for the
renewal, reissuance, or modification of an existing permit. Such a
request shall be accompanied by sufficient information supporting the
request for the agency action sought.

(1) In the case of a request which does not involve a material change
in permit conditions, the applicable law, environmental conditions or
technology since the date of issuance of the existing permit, the agency
shall on or before fifteen calendar days after the receipt of a request
mail a written determination to the permit holder of its decision on the
request. If the decision is to deny the request, the permit holder shall
be afforded an opportunity for hearing and notice of such decision shall
be given by the agency in the next available issue of the environmental
notice bulletin.

(2) In the case of a request which may involve a material change as
described in subparagraph one of this paragraph, the agency shall on or
before fifteen calendar days after the receipt of a request mail a
written determination to the permit holder that the request shall be
treated as an application for a new permit.

If pursuant to subparagraph one or two of this paragraph, the agency
fails to mail a written determination to the permit holder within such
fifteen calendar day period, the provisions of subdivision six of this
section shall apply.

9. The agency shall not approve any class A regional project proposed
to be located in a land use area governed by an approved local land use
program, or grant a permit therefor, unless it first determines that
such project meets all of the pertinent requirements and conditions of
such approved local land use program and that the project would not have
an undue adverse impact upon the natural, scenic, aesthetic, ecological,
wildlife, historic, recreational or open space resources of the park or
upon the ability of the public to provide supporting facilities and
services made necessary by the project, taking into account the
commercial, industrial, residential, recreational or other benefits that
might be derived from the project. In making this determination, as to
the impact of the project upon such resources of the park, the agency
shall consider those pertinent factors contained in the development
considerations and provided for in such approved local land use program.
The agency shall, in connection with its review of a project under this
subdivision, make provision in its rules and regulations adopted under
subdivision fourteen for the early involvement of the local government
wherein such project is proposed to be located in the review of such
project on an informal basis. Such local government shall have standing
as a party in any public hearing on such project held by the agency.

10. The agency shall not approve any project proposed to be located in
any land use area not governed by an approved local land use program, or
grant a permit therefor, unless it first determines that such project
meets the following criteria:

a. The project would be consistent with the land use and development
plan.

b. The project would be compatible with the character description and
purposes, policies and objectives of the land use area wherein it is
proposed to be located. If the project is on the classification of
compatible uses list for the land use area involved, there shall be a
presumption of compatibility with the character description, purposes,
policies and objectives of such land use area. If the project is a class
B regional project because, as provided in section eight hundred ten, it
is not listed as either a primary use or a secondary use on the
classification of compatible uses list for the land use area wherein it
is proposed to be located, there shall be a presumption that such
project would not be compatible with the character description,
purposes, policies and objectives of such land use area and the burden
shall be on the project sponsor to demonstrate such compatibility to the
satisfaction of the agency.

c. The project would be consistent with the overall intensity
guideline for the land use area involved. A landowner shall not be
allowed to construct, either directly or as a result of a proposed
subdivision, more principal buildings on the land included within the
project than the overall intensity guideline for the given land use area
in which the project is located. In determining the land area upon which
the intensity guideline is calculated and which is included within a
project, the landowner shall only include land under his ownership and
may include all adjacent land which he owns within that land use area
irrespective of such dividing lines as lot lines, roads, rights of way,
or streams and, in the absence of local land use programs governing the
intensity of land use and development, irrespective of local government
boundaries. Principal buildings in existence within the area included
within a project, as such area is defined by the landowner, shall be
counted in applying the intensity guidelines. As between two or more
separate landowners in a given land use area the principal buildings on
one landowner's property shall not be counted in applying the intensity
guidelines to another landowner's project, except that two or more
landowners whose lands are directly contiguous and located in the same
general tax district or special levy or assessment district may, when
acting, in concert in submitting a project, aggregate such lands for
purposes of applying the intensity guidelines to their lands thus
aggregated. The area upon which the intensity guideline is calculated
shall not include (a) bodies of water, such as lakes and ponds, (b) any
land in the same ownership that is directly related to any principal
building in existence on August first, nineteen hundred seventy-three,
which land is not included in the project, and (c), in the case of any
principal building constructed after August first, nineteen hundred
seventy-three, any land in the same or any other ownership that was
included within the area of any previous project in order to comply with
the overall intensity guideline.

d. The project would comply with the shoreline restrictions if
applicable. The agency may require a greater setback of any on-site
sewage drainage field or seepage pit than required under the shoreline
restrictions if it determines that soils or other pertinent conditions
require such greater setback to reasonably protect the water quality of
the water body involved.

e. The project would not have an undue adverse impact upon the
natural, scenic, aesthetic, ecological, wildlife, historic, recreational
or open space resources of the park or upon the ability of the public to
provide supporting facilities and services made necessary by the
project, taking into account the commercial, industrial, residential,
recreational or other benefits that might be derived from the project.
In making this determination, as to the impact of the project upon such
resources of the park, the agency shall consider those factors contained
in the development considerations of the plan which are pertinent to the
project under review.

11. Where there are practical difficulties or unnecessary hardships in
the way of carrying out the strict letter of the provisions of the plan
or the shoreline restrictions, the agency shall have authority in
connection with a project under its review to vary or modify, after
public hearing thereon, the application of any of such provisions or
restrictions relating to the use, construction or alteration of
buildings or structures, or the use of land, so that the spirit of the
provisions or restrictions shall be observed, public safety and welfare
secured and substantial justice done.

12. The agency may conduct such investigations, examinations tests and
site evaluations as it deems necessary to verify information contained
in an application for a development permit, and the project sponsor, or
owner of the land upon which the project is proposed, shall grant the
agency or its agents permission to enter upon his land for these
purposes.

13. The agency shall have authority to impose such requirements and
conditions with its granting of a permit as are allowable within the
proper exercise of the police power. The agency shall have specific
authority in connection with its project review jurisdiction: a. To
impose reasonable conditions and requirements, including the posting of
performance bonds in favor of the local government as obligee, to ensure
that any project for which a permit is granted will be adequately
supported by basic services and improvements made necessary by the
project. The cost of any such services or improvements may be imposed by
requiring that the project sponsor provide the service or improvement or
reserve land, or any interest therein, or contribute money in lieu
thereof to the local government wherein the project is proposed to be
located if such local government consents thereto. In the exercise of
the authority contained in this provision, the agency shall consult with
the affected municipalities and give due consideration to their views.

b. To impose reasonable conditions and requirements to ensure that a
project for which a permit is granted by the agency, when undertaken or
continued, will be completed in accordance with the terms and conditions
of the permit, and that the project sponsor furnish appropriate
guarantees of completion or otherwise demonstrate financial capacity to
complete the project or any material part thereof and furnish
appropriate guarantees or otherwise demonstrate that the project will be
managed and maintained once completed in accordance with the terms of
the permit.

c. To impose reasonable conditions and requirements to ensure that
upon approval of a project the applicable overall intensity guideline
for the land use area involved will be respected. Such requirement may
include the restriction of land against further development of principal
buildings, whether by deed restriction, restrictive covenant or other
similar appropriate means.

d. To allow, upon request of a project sponsor, projects to be
reviewed conceptually, and thereafter or simultaneously therewith to be
divided into and reviewed by sections, and to grant or deny permits for
such sections. Conceptual determinations may be made, and sectional
permits may be granted subject to the provision of those requirements
and conditions for improvements and services for, and for completion of
the total project as the agency deems reasonable and necessary.
Conceptual review shall focus upon the existing environmental setting
and the likely impacts which would result from the project, including
all proposed phases or segments thereof, but shall not result in a
binding approval or disapproval. The agency shall in rules and
regulations establish criteria, guidelines, and procedures for the
conceptual and sectional review of proposed projects. Except to the
extent, and only for such period of time as otherwise specifically
stated in the agency's decision upon an application for a sectional
permit, the granting of any sectional permit shall not constitute a
finding, or be binding upon the agency, with respect to any portion of
the total project not included in the section for which the permit is
granted.

e. To issue a general permit for any class of projects concerning
which the agency determines it may make the requisite statutory findings
on a general basis.

14. The agency may, after public hearing, adopt, and have authority to
amend or repeal, rules and regulations, consistent with the provisions
of this section, to govern its project review procedures and to provide
further guidance to potential project sponsors through further
definition of the development considerations as they would apply to
specific classes of projects in specific physical and biological
conditions. Such rules and regulations may include but not be limited
to:

a. Procedures prior to formal application to the agency for a permit
for the informal discussion of preliminary plans for a proposed project
and for preliminary approval or recommendations in regard to the
project. Such informal discussion shall be optional with the project
sponsor and no such preliminary approval or recommendations shall
relieve the sponsor from complying with the provisions governing
submission of a project for review and obtaining a permit therefor as
provided in this section.

b. Procedures for cooperation and joint action, including joint
hearings, insofar as practical, with other state agencies having review
or regulatory jurisdiction which relates with that of the agency's so as
to avoid unnecessary costs and burdens both to the state and to project
sponsors and landowners.

c. Procedures to insure communication and discussion with any federal
agency, including the Army Corps of engineers and the soil conservation
service, in regard to any federal development proposals in the park.

Such agency rules and regulations, and any amendments thereof, shall
be adopted only after consultation with the Adirondack park local
government review board and at least one public hearing thereon. Fifteen
days notice of such hearing shall be made by publication at least once
in a newspaper of general circulation in each county wholly or partially
within the Adirondack park and in a least three metropolitan areas of
the state, and by individual notice served by mail upon the clerk of
each county and each local government of the park, and the chairman of
all local government, county and regional planning agencies having
jurisdiction in the park. Such notice shall contain a statement
describing the subject matter of the proposed rules and regulations, and
the time and place of the hearing and where further information thereon
may be obtained.

15. 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 adopted under subdivision fourteen.