For Immediate Release: December 11, 2008
Contact:
Keith P. McKeever | Public Relations | Adirondack Park Agency
contact@apa.ny.gov | (518) 891-4050
RAY BROOK, NY – During its deliberations on Thursday, December 11, 2008 the Adirondack Park Agency (APA) authorized the issuance of transition guidance further clarifying its recently adopted regulatory revisions.
In November 2008 the Agency adopted regulation revisions which will take effect on December 31, 2008. These new regulations include:
(1) New definition of “hunting and fishing cabin and private club structure”;
(2) New definition of “Square feet of floor space” or “Floor space”;
(3) New rules regarding Agency jurisdiction over subdivisions “involving wetlands”;
(4) New rules regarding the expansion of non-conforming shoreline structure and on-site wastewater treatment systems; and
(5) Removed existing rule regarding lands divided by roads or rights-of-way owned in fee.
For more information regarding the revised regulations please see the Agency’s website at:
http://www.apa.state.ny.us/Regulations/reg_reform.htm
At its December 11 meeting, the Agency authorized the issuance of transition guidance addressing each of these regulatory changes, as well as additional implementation guidance specifically addressing minor non-conforming shoreline expansions.
The following summarizes the new transitional guidance:
• The revised regulations do not apply to projects undertaken or proposed to be undertaken pursuant to an Agency-issued Jurisdictional Determination, Permit or Settlement Agreement.
• The revised regulations do not apply to projects undertaken or proposed to be undertaken for which no Jurisdictional Determination, Permit or Settlement Agreement has been issued, but which has been applied for prior to November 14, 2008.
• Subdivisions undertaken or proposed to be undertaken for which no Jurisdictional Determination, Permit or Settlement Agreement has been issued shall not be subject to the new regulations if a subdivision plat is filed in the County Clerk’s Office before December 31, 2008 or, if no plat filing is required, the deeds conveying the property are recorded prior to December 31, 2008.
• The new regulations do not apply to the expansions of shoreline structures for which no Jurisdictional Determination, Permit or Settlement Agreement has been issued if all required local approvals have been obtained prior to December 31, 2008 and the foundation or framing of the structure is complete before June 30, 2009.
• For the construction of “Hunting and fishing cabin and private club structure”, the regulation in effect at time of construction will apply.
The Agency also authorized guidance distinguishing between major and minor expansions. Minor expansions do not require an APA variance.
The following summarizes the transitional guidance for minor expansions guidance:
• Minor expansions are only to the rear (non shoreline) side of the structure.
• Do not exceed 250 square feet.
• Roof ridge lines are not raised by more than 2 feet. • Increased floor space resulting from increased roof height counts toward the 250 square feet.
• If the expansion increases occupancy, the on-site wastewater treatment system must comply with setback and current Sanitary Code requirements.
• A written APA jurisdictional determination is required to determine minor expansions
Note: No variance is required if the entire expansion is outside the shoreline setback area.
For more information please see the Agency’s website at
http://www.apa.state.ny.us/Regulations/reg_reform.htm
The New York State Adirondack Park Agency was created in 1971 by the State Legislature to develop long-range land use plans for both public and private lands within the boundary of the Adirondack Park. With its headquarters located in Ray Brook, the Agency also operates two Visitor Interpretive Centers, in Newcomb and Paul Smiths. For more information, call the APA at (518) 891-4050 or visit www.apa.state.ny.us.