FIVE YEAR REVIEW OF RULES ADOPTED BY THE ADIRONDACK PARK AGENCY IN 2003 AND 2008 AND REQUIRED TO BE REVIEWED IN CALENDAR YEAR 2013.

As required by section 207 of the State Administrative Procedure Act (SAPA), the following is a list of rules which were adopted by the Adirondack Park Agency (Agency) in calendar years 2003 and 2008 which must be reviewed in calendar year 2013. Public comment on the continuation or modification of these rules is invited and will be accepted until February 27, 2013. Comments may be directed to: Paul Van Cott, Associate Attorney, Legal Division, Adirondack Park Agency, P.O. Box 99, NYS Route 86, Ray Brook, New York 12977.

RULES ADOPTED IN 2003 AND EFFECTIVE ON JANUARY 29, 2003

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

Amendment of Part 581 of Title 9 NYCRR as follows:

(1) Subpart 581-1 provided regulatory definitions and set forth the applicability of part 581 to (i) any violation of the laws or regulations administered by the Agency, or of any permit, order or settlement issued by the Agency; and (ii) any Agency proposal to modify, suspend or revoke any permit issued by the Agency.

(2) Subpart 581-2 provided the general authority and procedures the Agency employs to resolve or determine violations of the statutes that it administers.

(3) Subpart 581-3 implemented the Agency's statutory authority in Executive Law section 809(8)(a) to modify, suspend or revoke an Agency permit.

(4) Subpart 581-4 set out the adjudicatory hearing process applicable to the imposition of administrative sanctions for violations of the Freshwater Wetlands Act and the modification, suspension, and revocation of Agency permits.

Analysis of the need for the rules: These rules clarified existing regulatory language, expedited delivery of services to the public, and introduced more consistency, uniformity and predictability into Agency administration and decision-making consistent with governing statutes.

RULES ADOPTED IN 2008 AND EFFECTIVE ON DECEMBER 31, 2008

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

(1) [Wetlands] (a) Amended 9 NYCRR section 578.3(n) to delete "subdivision" under subsection one and to add a new section (3) which addresses when a subdivision or portion of a subdivision will require a wetland permit; (b) Amended 9 NYCRR section 570.3(x) to define "involving wetlands" under the APA Act as identical to "regulated activity" under the Agency regulations implementing the Freshwater Wetlands Act; (c) Amended 9 NYCRR section 573.3 to clarify that proposed wetland parcels being retained will be treated the same as those being sold, and to remove what would be conflicts with the new jurisdictional rules; and (d) Amended 9 NYCRR section 573.4 to clarify how these rules affect the gift exemption provided by Executive Law section 811(1)(c).

Analysis of the need for the rules: These amendments completely revised Agency jurisdiction over subdivisions involving wetlands so as to include those lots, the creation of which may in fact adversely impact wetlands, but also to create criteria for a non-jurisdictional opportunity based on subdivision design.

(2) [Shorelines] (a) Amended 9 NYCRR section 575.5, subsection 2, to prohibit any major expansion of pre-existing structures located within the shoreline setback area unless a variance is granted; and (b) Amended 9 NYCRR section 575.7 to require that when a pre-existing non-conforming on-site wastewater treatment system is being replaced, it must be located to meet the shoreline setback requirements to the greatest extent possible and to require a variance for the expansion of a non-conforming wastewater treatment system in conjunction with an actual or potential proposed increase in occupancy of the associated structure.

Analysis of the need for the rules: These shoreline amendments removed an exemption which gave lawfully pre-existing non-conforming structures more opportunity to expand than other existing structures. The amendments also included an opportunity for a "minor" expansion to the rear or the height of the pre-existing non-conforming structure without a variance. Finally, these amendments tightened the shoreline restrictions with respect to non-conforming on-site wastewater treatment systems.

(3) Amended 9 NYCRR section 573.4 to remove subdivision 573.4(b) which provided that the sale of a landowner's entire ownership on one side of a public road, railroad, right-of-way owned in fee, or other intervening fee ownership, will not be considered a subdivision.

Analysis of the need for the rule: This amendment eliminated the automatic creation of separate parcels (available for sale without permit) due to the bisection of one large parcel by roads or rights-of-ways owned in fee, which division of lands often violated the overall intensity guidelines.

(4) Added 9 NYCRR section 570.3(bb) to provide a definition for "square feet of floor space for a building" and 9 NYCRR section 570.3(bc) to define the "square footage of a structure other than a building."

Analysis of the need for the rules: These amendments provided greater clarity with respect to the measurement of structures.

(5) Amended 9 NYCRR section 570.3(u) to create a new definition of "hunting and fishing cabin and private club structure". The definition focuses on physical attributes of the structure, but also retains the essential aspects of the existing definition relating to use requirements.

Analysis of the need for the rule: This amendment provided more clarity with respect to the definition of the term and more certainty of administration of the APA Act with respect to such structures.