9 CRR-NY 577.10NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE Q. ADIRONDACK PARK AGENCY
CHAPTER II. REGULATION OF LAND USE AND DEVELOPMENT AND SUBDIVISION OF LAND
PART 577. SPECIAL PROVISIONS RELATING TO WILD, SCENIC AND RECREATIONAL RIVERS
9 CRR-NY 577.10
9 CRR-NY 577.10
577.10 Variances from the provisions of this Part.
(a) Where there are practical difficulties or unnecessary hardships in carrying out the restrictions and standards set forth in section 577.6 of this Part, or the terms and conditions of an approved land management plan, the agency may, after public hearing, vary or modify the application of such provisions so that the spirit of the provisions shall be observed, public safety and welfare secured and substantial justice done.
(b) The procedures governing the agency's review of application for variances from the provisions of this Part, and public hearings thereon, shall be:
(1) for variance applications involving a rivers project, the same as those set forth in section 572.10 of this Title; and
(2) for variance applications not involving a rivers project, the same as those set forth in section 576.5 of this Title.
(c) A request for a variance to an approved land management plan administered by a local government shall be submitted to the local government, which shall apply in its decision the criteria set forth in this section for the consideration of variances by the agency.
(d) Upon receipt of an application for a variance from any provision of an approved land management plan administered by a local government, the local government body or officer having jurisdiction shall give written notice to the agency. If such variance is granted, it shall not take effect for 30 days after it is granted. If, within such 30-day period, the agency determines that such variance was not based upon the appropriate basis of practical difficulties or unnecessary hardships, the agency may reverse the local determination.
9 CRR-NY 577.10
Current through September 15, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.