(1) Subject to the other provisions of this section, the mere division of land by bona fide gift, devise or inheritance, by and from natural persons is not subject to review by the agency.

(2) Each immediate family member of a person who has continuously owned a landholding since May 22, 1973 may receive one parcel from that landholding, provided that the parcel is conveyed by the landowner by bona fide gift, devise or inheritance. In such a case, so as to allow the construction of one single family dwelling or mobile home on the gift lot, the overall intensity guidelines and minimum lot size requirements of the Adirondack Park Agency Act shall not apply; however, the minimum shoreline lot width and setback requirements of these regulations shall apply.

(3) A permit is required for the division of land by bona fide gift, devise or inheritance by a person who has not owned the land continuously since May 22, 1973, if the resulting lots do not comply with the overall intensity guidelines and minimum lot size criteria of the Adirondack Park Agency Act and with the minimum shoreline lot width and setback requirements of these regulations.

(4) A permit is required for the construction of a single family dwelling or mobile home on a lot, parcel or site even though created by gift, devise or inheritance if the lot, parcel or site created by gift, devise or inheritance is located in a resource management area, industrial use area or critical environmental area.

(5) The subdivision of a parcel of land owned in joint or common tenancy, tenancy by the entirety, or other joint ownership between or among the owners will not be considered to be by bona fide gift, even if no consideration passes among the parties. Such a subdivision requires an agency permit if a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

(6) A permit is required for the division of land through conveyance by gift, devise or inheritance of any lot, parcel or site located outside a hamlet or moderate intensity use area but within a designated river area.

(7) A permit is required for the division of land through conveyance by gift, devise or inheritance of any lot, parcel, or site which is a regulated wetland activity as defined in section 578.3(n)(3) of this Title. However, a proposed gift lot may not require a permit if the requirements of section 578.3(n)(3) of this Title and this section are met.

(1) No agency permit is required for the conveyance of a lot or lots in a lawfully preexisting subdivision, provided no individual lot is subdivided. The shoreline building and sewage disposal system setbacks and the vegetative cutting restrictions of section 806 of the Adirondack Park Agency Act apply to all new land uses or developments on lots in preexisting subdivisions; the minimum shoreline lot width requirements apply to preexisting subdivisions which have not received Department of Health approval.

(2) A preexisting subdivision is one determined by the agency pursuant to paragraph (4) of this subdivision to have been substantially commenced prior to August 1, 1973 and involving substantial expenditures made for structures or improvements prior to such date.

(3) Lawfully means in full compliance with all applicable laws, rules and regulations, including, without limitation, possession of and compliance with any permit or other approval required under the Public Health Law, the Environmental Conservation Law and any local or other governmental regulations. (See also Real Property Law and Public Health Law requiring subdivision plats to be filed.)

(4) For the purpose of determining whether a subdivision or portion thereof was in existence as of August 1, 1973, the agency will consider, among other relevant factors, (i) the number of lots sold prior to such date relative to the total number of lots in the subdivision, (ii) the locations of such lots sold, (iii) the nature, extent and cost of structures and improvements directly related to the subdivision completed or commenced prior to such date, relative to all such necessary improvements related to the subdivision, (iv) the location of such completed or commenced improvements, and (v) demonstrated efforts to sell lots prior to such date.

(5) The agency may determine that all or only a portion or portions of a subdivision, or groups of such subdivision lots are preexisting, depending on the pattern of sale of lots and installed infrastructure.

(6) An agency permit is required for the construction of a single family dwelling or mobile home on a lot in a preexisting subdivision which has not received New York State Department of Health approval if located in a resource management or industrial use area, or in a critical environmental area.

(1) A reconfiguration of the boundary between adjoining parcels which were not in common ownership as of May 22, 1973, making one parcel larger and the other smaller, is a subdivision, but will not require an agency permit provided all the following criteria are met:

(2) A reconfiguration of the boundary between adjoining parcels which were not in common ownership as of May 22, 1973, but which does not meet the criteria specified above, may be approved in advance as a "boundary line adjustment" in the discretion of agency staff if the boundary line adjustment lands are of a size, nature and configuration which could not reasonably accommodate the construction of a principal building. Subparagraphs (1)(ii) and (iii) of this subdivision will still apply.

(3) The boundaries between two adjoining parcels which are the subject of an agency permit, order or settlement agreement, or which are considered lots in a preexisting subdivision, may not be altered by a conveyance of land between them as a "boundary line adjustment" unless authorized by a new or amended agency permit, order or settlement agreement.

(4) Adjoining parcels which were in common ownership as of May 22, 1973 are treated as one merged parcel pursuant to section 811(1)(a) of the Adirondack Park Agency Act. A reconfiguration of the boundaries of such parcels is a subdivision, and will require an agency permit pursuant to the terms of section 810 of the Adirondack Park Agency Act.