What's happening
This bill requires government entities proposing projects in other municipalities to formally assess whether they are immune from local zoning based on specific public interest factors.
Why it matters
Forces government agencies to carefully justify why their projects should override local zoning rules. by requiring a formal analysis of specific factors, potentially making it harder to bypass community land use protections.
Requires consideration of local community impacts and alternatives. , ensuring that local interests, less disruptive locations, and different ways to achieve project goals are explicitly evaluated before proceeding.
Mandates public engagement and transparency. by requiring intergovernmental participation and an opportunity for affected municipalities to be heard, giving local governments more voice in projects that could affect them.
Could lead to increased negotiation and compromise between state, regional, and local governments. , as agencies must weigh their authority and public interest claims against local zoning and community concerns.
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Who cares
Headline styles
Check Zoning for State Projects
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to local governments
- Referred to local governments
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
293
2017-2018 Regular Sessions
IN ASSEMBLY
January 5, 2017
Introduced by M. of A. GUNTHER -- Multi-Sponsored by -- M. of A. STEC -read once and referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to the balancing of public interests for governmental projects in municipalities having zoning requirements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 12-B of the general municipal law is amended by adding a new section 239-n-1 to read as follows:
§ 239-n-1. Balancing of public interests for governmental projects in municipalities having zoning requirements. Unless otherwise provided by law, an encroaching governmental unit which proposes to sponsor a project within the boundaries of one or more other municipalities which have adopted zoning requirements, shall determine whether the project is immune from such zoning, based upon its analysis of the following factors:
1. the nature and scope of the encroaching governmental unit seeking immunity;
2. the kind of function or land use involved;
3. the extent of the public interest to be served thereby;
4. the effect local land use regulation would have upon the proposed project;
5. the impact upon legitimate local interests;
6. the encroaching governmental unit's legislative grant of authority;
7. alternative locations for the proposed project in less restrictive zoning areas;
8. alternative methods of providing the needed improvement; and
9. intergovernmental participation in the project development process and an opportunity to be heard.
§ 2. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02950-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.