What's happening
This bill requires that if a town board has four or more members, zoning amendments under protest need a three-fourths majority to pass.
Why it matters
Raises the threshold for passing controversial zoning changes. By requiring a three-fourths majority for amendments under protest (in towns with four or more board members), the bill makes it harder for contested zoning changes to be approved, potentially giving greater weight to community opposition.
Shifts power dynamics on town boards. This change means a minority of board members (more than one-quarter) can block zoning amendments that face formal protest, which can empower dissenting voices and potentially slow down development or land-use changes.
Could impact local development and land use. Developers and property owners may face more hurdles in getting zoning amendments passed if there is significant, organized opposition, possibly affecting local economic growth, housing projects, or other land use initiatives.
Responds to concerns about local government accountability. The higher voting threshold seeks to ensure that significant zoning changes under protest have broader support among elected officials, aiming to make such decisions more reflective of community sentiment.
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Who cares
Town boards with fewer than four members
The bill would allow them to approve zoning amendments by a simple majority even when a qualifying written protest is filed.
Town boards with four or more members
They would remain subject to the three-fourths approval requirement for zoning amendments facing a qualifying written protest.
Property owners seeking rezoning
Their proposals would face a lower voting threshold on town boards with fewer than four members when a qualifying written protest is filed.
Residents and property owners opposing rezoning
A qualifying written protest would no longer trigger a three-fourths approval requirement on town boards with fewer than four members.
Headline styles
Change Town Rezoning Votes
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 61
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Rezoning Approval Rules
In Assembly Committee · Local Governments · Sponsor Phil Steck
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3778
2017-2018 Regular Sessions
IN SENATE
January 27, 2017
Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the town law, in relation to changes in zoning
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 1 of section 265 of the town law, as amended by chapter 606 of the laws of 1990, is amended to read as follows:
Such regulations, restrictions and boundaries may from time to time be amended. Such amendment shall be effected by a simple majority vote of the town board, except that if the town board consists of four or more members, that any such amendment shall require the approval of at least three-fourths of the members of the town board in the event such amendment is the subject of a written protest, presented to the town board and signed by:
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07676-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the town law, in relation to changes in zoning
Purpose or general idea of bill
To provide that town boards with less than four members, a simple majority will be necessary for zoning law amendments.
Summary of specific provisions
Section 1 - amends subdivision 1 of section 265 of the Town Law to provide that the requirement of three-fourths approval of the Town Board to amend the local law where objection has been made will only apply to boards that consist of four or more members.
Section 2 - provides that this act shall take effect immediately.
Justification
Section 265 provides that changes to town zoning regulations may be amended by a simple majority of the board except when objection to the proposal is made by specified numbers of affected land owners. When such objection is received by the board, passage of changes must be passed by at least three-fourths of the board. Recently, there has been a movement in some towns to reduce the size of their boards, sometimes to fewer than four members. In such case, the law, as presently written, effectively requires a unanimous vote to implement any zoning change, a requirement that was not intended or anticipated in the original law. This bill will remedy this unintended consequence.
Prior legislative history
2014 - S.6157 - LOCAL GOV'T 2015-16 - S.2646/A.7209 - LOCAL GOV'T/Local Gov't
Fiscal implications
None to state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.