ArticleNew York is a “home rule” state, which means that zoning and other land use decisions typically are made at the village, town, or city level, as the case may be.
Section 239-m of the General Municipal Law (GML), however, requires a referral to, and a subsequent recommendation by, the local county planning commission for certain local land use actions that might affect the interests of other jurisdictions. A local board’s failure to make a required referral can have devastating consequences, including its decision being deemed void and unenforceable.
This column discusses the key elements of GML §239-m, the way it works in practice in various New York counties, and how courts have addressed the law.
Read the article here:
County Planning Agencies’ Oversight of Local Land Use Decisions | New York Law Journal
Reprinted with permission from New York Law Journal, Wednesday, July 22, 2020, Vol 264 – No. 15.