N.Y. Comp. Codes R. & Regs. tit. 9 § 573.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 573.6 - Rebuilding and replacement of existing land uses or developments

Pursuant to section 811(5) of the Adirondack Park Agency Act:

(a) No agency permit is required for the rebuilding or replacement of any existing land use or development, including structures in existence August 1, 1973 being rebuilt or replaced on the same foundation or in the same location, provided subdivisions (c), (d), (e) and (f) of this section are adhered to. Existing uses not located in critical environmental areas may also be rebuilt or replaced in the same immediate vicinity subject to subdivisions (c), (d), (e) and (f).

(b) The rebuilding or replacement of a structure that was removed or destroyed prior to August 1, 1973 shall be considered new land use or development and requires an agency permit if a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

(c) No rebuilding, replacement or restoration pursuant to section 811(5) of the Adirondack Park Agency Act or this section shall increase any lawfully existing noncompliance with the shoreline restrictions, as described in section 575.5 of these regulations.

(d) No agency permit is required for the rebuilding, replacement or restoration of a structure originally more than 40 feet in height to the same height.

(e) No agency permit is required for the replacement of a mobile home by a single family dwelling, or a single family dwelling by a mobile home. Where the existing dwelling will not be removed until after the new dwelling is emplaced or constructed, an agency permit is required for the "subdivision into sites" which would result If the subdivision is a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

(f) An agency permit is required for the recommencement of any existing land use or development, except a single family dwelling, which has been discontinued for a period exceeding five years, or under circumstances which indicate that such use has been abandoned, if the land use or development is a class A or class B regional project as provided in section 810 of the Adirondack Park Agency Act.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 573.6