Regional Development Analysis
Land-Use Control in New York State
The New York Constitution grants all cities, towns, and villages the right of home rule power. Among the rights and powers enumerated under the Bill of Rights for Local Governments are the right to have a legislative body elected by the people and the power to adopt local laws. The right to home rule power includes, among other things, that every local government is empowered to adopt or amend local laws relating to its "property, affairs or government" as long as they are not inconsistent with the Constitution or general laws. Under the Statute of Local Governments, no power granted to a local government can be repealed, diminished, impaired, or suspended except by the action of two successive state legislatures with the approval of the Governor. However, the state may encroach upon or supersede home rule powers where matters of state concern are involved.
State enabling statutes specify the right to home rule power by authorizing cities, towns, and villages to regulate the use of land under their jurisdiction. A municipality that decides to adopt local laws regarding land-use control must follow the state enabling statutes and other laws, codes, and regulations. Typical local laws regarding land-use control are:
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Comprehensive Plans which may (not mandated) follow General City Law §28-a, Town Law §272-a, or Village Law §7-722,
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Zoning Ordinances which must follow General City Law §20, Town Law §16, or Village Law §7,
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Subdivision Ordinances which must follow General City Law §§32 and 33, Town Law §§276 and 277, or Village Law §§7-72 and 7-730.
In addition to Comprehensive Plans, Zoning Ordinances, and Subdivision Ordinances, municipalities can adopt a variety of other local laws that further specify the use of land and that also must follow other state laws, codes, and regulations. The municipality can either adopt the state provisions or make them more stringent. Among others, a community might consider to adopt a/an
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Site Plan Review Ordinance which must follow General City Law §27-a, Town Law §274-a, or Village Law §7-725-a),
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Environmental Quality Review Law which must follow the State Environmental Quality Review Act,
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Flood Damage Prevention Plan which must follow Federal Emergency Management Agency regulations,
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Junk Yard Ordinance which must follow General Municipal Law §136.
Another set of local laws does not have to follow state provisions, but will help municipalities to manage their land use. Among others, a community might consider to adopt a/an
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Erosion and Sedimentation Control Plan,
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Stormwater Management Plan,
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Vegetation Retention Plan,
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Open Space Plan,
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Docking and Mooring Law.
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Last Modified: May 02, 2007