As required by section 207 of the State Administrative Procedure Act (SAPA), the following is a list of rules that were adopted by the Adirondack Park Agency in calendar year 2002 which must be reviewed in calendar year 2012. Public comment on the continuation or modification of these rules is invited and will be accepted until April 15, 2012. Comments may be directed to: Paul Van Cott, Associate Attorney, Legal Division, Adirondack Park Agency, P.O. Box 99, NYS Route 86, Ray Brook, NY 12977.

RULES ADOPTED IN 2002 AND EFFECTIVE ON May 1, 2002

Legal basis for these rules: Adirondack Park Agency Act, Executive Law, article 27; Wild, Scenic and Recreational Rivers System Act (ECL section 15-2709); Freshwater Wetlands Act (ECL section 24-0801)

(1) Amended 9 NYCRR section 570.3(a)(1) to remove definition of "guest cottage" from the definition of "accessory structure." The definition of "accessory structure" was deleted in 2005 as duplicative of the statutory definition.

Analysis of the need for the rule: This was a companion change to the addition of a new definition of "guest cottage" in 2002.

(2) Amended 9 NYCRR section 570.3(b)(1) to delete the phrase "customarily incidental" from the definition of "accessory use." The definition of "accessory use" was deleted in 2005 as duplicative of the statutory definition.

Analysis of the need for the rule: This was a companion change to the addition of a new definition of "customarily incidental" in 2002.

(3) Added 9 NYCRR section 573.8(a) to identify certain activities and uses which will be accessory to residential uses.

Analysis of the need for the rule: To codify existing practices and to provide clear guidance.

(4) Amended 9 NYCRR section 570.3(e) to add a new definition for "bed and breakfast." This definition was renumbered to 9 NYCRR section 570.3(b) in 2005.

Analysis of the need for the rule: To clarify that a "bed and breakfast" is a tourist accommodation except when accessory to a residential use.

(5) Added 9 NYCRR section 573.8(b) to define certain small "bed and breakfasts" as accessory to residential uses.

Analysis of the need for the rule: To avoid situations where certain small bed and breakfasts, comparable to other home occupations unregulated by the APA Act and which would cause little or no environmental impact, would require permits as tourist accommodations.

(6) Renumbered 9 NYCRR section 570.3(e) to 9 NYCRR section 570.3(f) and amended definition of "boathouse." This definition was renumbered to 9 NYCRR section 570.3(c) in 2005 and was further amended in 2010.

Analysis of the need for the rule: To define a term that is used, but not defined, in the APA Act.

(7) Amended 9 NYCRR section 575.4(c) to delete the definition of "boathouse" and to add a shoreline setback restriction for decks or porches associated with boathouses.

Analysis of the need for the rule: To clarify the APA Act shoreline restrictions as they apply to a "boathouse."

(8) Amended 9 NYCRR section 570.3(n) to add a new definition of "customarily incidental." This definition was renumbered to 9 NYCRR section 570.3(h) in 2005.

Analysis of the need for the rule: To define a term that is used, but not defined, in the APA Act.

(9) Added 9 NYCRR section 570.3(p) to provide a definition of "dock." This definition was renumbered to 9 NYCRR section 570.3(j) in 2005 and was amended in 2010.

Analysis of the need for the rule: To define a term that is used, but not defined, in the APA Act.

(10) Renumbered 9 NYCRR section 570.3(p) to 9 NYCRR section 570.3(s) and deleted unnecessary language from the definition of "group camp." The definition of "group camp" was deleted in 2005 as duplicative of the statutory definition.

Analysis of the need for the rule: To make the definition of "group camp" consistent with the APA Act.

(11) Added 9 NYCRR section 570.3(t) to provide a definition of "guest cottage." This definition was renumbered to 9 NYCRR section 570.3(l) in 2005.

Analysis of the need for the rule: To codify the Agency's practice with respect to guest cottages.

(12) Added 9 NYCRR section 570.3(ee) to provide a definition of "marina." This definition was renumbered to 9 NYCRR section 570.3(u) in 2005.

Analysis of the need for the rule: To define a term that is used, but not defined, in the APA Act.

(13) Added 9 NYCRR section 570.3(ff) to provide a definition of "material detrimental reliance." This definition was renumbered to 9 NYCRR section 570.3(v) in 2005.

Analysis of the need for the rule: To define a term used in 9 NYCRR section 571.5(b).

(14) Added 9 NYCRR section 570.3(vv) to provide a definition of "retaining wall." This definition was renumbered to 9 NYCRR section 570.3(ae) in 2005.

Analysis of the need for the rule: To define a previously undefined term for purposes of the application of the shoreline restrictions.

(15) Added 9 NYCRR sections 575.4(e) and (f) to explain how retaining walls are to be measured under the shoreline restrictions and to allow an exception from the shoreline restrictions for certain small retaining walls.

Analysis of the need for the rule: To codify existing Agency practice and to provide clarity with respect to the application of the shoreline restrictions to retaining walls.

(16) Renumbered 9 NYCRR section 570.3(vv) to 9 NYCRR section 570.3(ccc) and deleted unnecessary language from the definition of "structure." This definition was renumbered to 9 NYCRR section 570.3(ak) in 2005.

Analysis of the need for the rule: To make the definition of "structure" consistent with the APA Act.

(17) Amended 9 NYCRR section 574.8 to clarify the applicability of the conversion provision of APA Act section 811(1)(b) to certain structures.

Analysis of the need for the rule: To codify existing Agency practice and to provide clarity with respect to the conversion of certain structures under the APA Act.

(18) Amended 9 NYCRR section 577.2(u) to conform the definition of "structure" to the statutory definition in the Wild, Scenic, Recreational Rivers Act.

Analysis of the need for the rule: To make the definition of "structure" consistent with the Wild, Scenic, Recreational Rivers Act.

(19) Amended 9 NYCRR sections 577.6(b)(2) and (3) to conform the exemptions of the shoreline restrictions for certain structures with the Wild, Scenic and Recreational Rivers Act.

Analysis of the need for the rule: To make certain exemptions in 9 NYCRR part 577 consistent with the Wild, Scenic and Recreational Rivers Act.

(20) Amended 9 NYCRR section 575.1(b)(3) to provide a definition of "navigable."

Analysis of the need for the rule: To define a term that is used, but not defined, in the APA Act.

(21) Amended 9 NYCRR section 580.4(9) to clarify that there are certain persons who are automatically entitled to party status in adjudicatory hearings and that other persons must take additional procedural steps in order to intervene.

Analysis of the need for the rule: To clarify the regulations by making it easier to determine who is entitled to seek party status, and according to what procedural steps.

(22) Added 9 NYCRR section 573.8(c) to allow certain small waste disposal areas to be established without an Agency permit as an accessory use to residential structures.

Analysis of the need for the rule: To exempt from permitting certain small waste disposal areas associated with residential structures.

Rules Continued Without Modification

Pursuant to section 207 of the State Administrative Procedure Act (SAPA), notice is hereby provided that upon publication of the amended Five Year Review of Existing Regulations and the conclusion of the forty-five (45) day public comment period, no public comments were received regarding any of the subject rules. The rules referenced herein which have not otherwise expired have functioned consistent with the purposes underlying their adoption and shall be continued without modification.

1997

4 NYCRR 4.5(b)(2) was amended so as to provide State agencies with the authority to waive probationary terms for non-competitive class employees who have successfully served probationary terms in their current title under certain circumstances. Further, section 4.5(b)(2) was amended to broaden the definition of "promotion."

4 NYCRR 4.5(b)(2)(ii) amended the probationary term for certain incumbents in the title of Vocational Instructor 4.

A new section 4 NYCRR 5.10 was added regarding the creation of redeployment lists for classified service employees serving in positions designated managerial or confidential.

2002

4 NYCRR 4.5(b)(2)(v) revised the probationary term for positions of Highway Maintenance Supervisor 1.

4 NYCRR 4.5(b)(3) specified that Assistant Research Scientist (all specialties), Research Physician 1-3 (all specialties), Psychiatrist 1-2, and Research Scientist 1-8 (all specialties) shall have probationary terms of 3 years.

4 NYCRR Part 72 was amended to provide for separate layoff units within the Division of Alcoholic Beverage Control and within the Office of Children and Family Services.

2007

Amendments to Chapter II of the Rules for the Classified Service (4 NYCRR) have expired and been superseded.