Relates to applications for minor and major projects before the Adirondack park agency

* amends EL §809(2)(b) and (d) to extend from 15 to 30 days the period for initial review of a major project application, eliminates the 10-day requirement for the publication of major project notices in the Environmental Notice Bulletin (ENB) and clarify other language of these provisions;

* amends EL §809(3)(b), (c), (d) and (e) to extend from 60 to 90 days the time for mailing of a hearing notice for major projects, change the timing and procedures for public hearings applicable to project denials, and clarify other language contained in these provisions;

* amends EL §809(6)(c) to clarify procedures relating to permit renewal, reissuance or modification;

* amends EL §809(8) to provide 30 days for an appeal and an additional 30 days on good cause shown, and provide for a super-majority requirement for all appeals to the full Agency of a prior full Agency permit determination; and

* amends EL §809(10)(c) to modify provisions relating to application of the Act's intensity guidelines to allow greater opportunity for transfer of development rights.

Section 2 of this bill adds a new paragraph b to subdivision 8 of EL § 809 to establish procedures for the appeal of permit terms and conditions.

Section 3 of this bill provides that the bill will be effective immediately.

Existing law

EL § 809 provides the statutory timeframes and procedures that govern Adirondack Park Agency (Agency) administration of permits required by the Act for new land use and development regulated by the Adirondack Park Land Use and Development Plan. A uniform 15-day timeframe currently governs the initial review of minor and major projects, which repeats each time an applicant responds to an Agency request for information. This process continues until the Agency determines it has a "complete" application and can begin project review.

EL §809 also provides that the ability to direct a project to public hearing expires 60 days after application completion. As a result, the last date at which a proposal may be subjected to material modifications or denial is 30 days before the 90 day deadline for final decision. Finally, EL §809 currently limits development "rights" transfer to owners of adjacent or contiguous properties within the same land use area acting in concert.

Legislative history

This is a new bill.

Statement in support

This bill addresses several problems related to the regional project permit process established in EL §809.

The Agency often must make an information request to an applicant to obtain additional information before making a completeness determination on an application. The current 15-day period in which the Agency's request must be made does not allow sufficient time for a field visit to a proposed site prior to issuance of the request. This leads to broad and generalized information requests which can delay completeness determinations and project review. The amendment to EL §809(2)(b) extends this initial review period to 30 days for major projects to allow for field visits which in turn will result in more focused information requests.

The 10-day requirement for the publication of major project notices in the ENB is impractical under long-standing ENB publication procedures, and is unnecessary because of the additional requirement that publication occur "in the next available ENB" is sufficient to ensure prompt publication of such notices.

The 30-day gap between the 60-day hearing determination deadline and the 90-day permit issuance deadline for major project applications provided for in EL § 809(3)(d) has been problematic. It encourages Agency staff to rush to make a recommendation to the Agency board on whether or not to approve an application before the time period for a hearing determination deadline runs. (Once the 60-day time period expires, the Agency is required by the Act to approve the project.) This can be especially problematic on large, complex or controversial projects. As a result, ad hoc agreements are often reached with applicants to extend the statutory deadline. Rushed hearing determinations may also impose costly hearing requirements particularly where an application does not present questions of disputed fact or other issues that are the appropriate subject of an adjudicatory hearing. This bill establishes a uniform 90-day timeframe for both hearing and approvability determinations.

The amendment to EL §809(3)(d) also provides that the Agency may deny a permit without hearing, removing the threat of "default approval" which presently exists. Importantly, this change does not eliminate a hearing requirement, because the project sponsor retains the right to request an adjudicatory hearing in the event of a permit denial. In such case, a new Agency decision will be required based upon the hearing record.

The amendment to EL §809(6)(c) to allow the Agency to modify a permit condition without a hearing - provided there has been no change in the original project, applicable law, environmental conditions or technology since the issuance of the permit - will increase efficiency and decrease costs for the Agency and project sponsors.

The amendment to EL §809(8)(b) clarifies that a permit holder has 30 days to appeal the terms and conditions of a permit plus and an additional 30 days on good cause shown, and that a two-thirds vote of agency members is required to modify a prior permit determination made by the Agency's members. This is a technical change to conform the statute to existing regulation and practice, and serves to clarify procedural distinctions between an appeal and a request to modify a permit.

Development rights transfer is available pursuant to Town or Village law within approved local land use programs within the same land use classification. The amendment to EL §809(10)(c) extends the potential for development rights transfer from a more restrictive to a less restrictive land use classification within the same municipality and regardless of whether there is an Agency-approved local land use program. Transfer would occur only pursuant to an Agency permit which will assure that the increased development associated with the transfer does not result in "undue adverse environmental impact" and meets other criteria for permit issuance.

Finally, this bill clarifies language throughout EL §809 regarding the application of time frames and related provisions:

Budget implications

This bill will have no significant fiscal impact but may reduce agency costs by improving efficiency.

Effective date

This bill would take effect immediately and apply to applications received after such date.