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New York Real Estate Law ReporterLJN NewslettersNewsSections

County Planning Board Review and General Municipal Law Section 239-m

By Linda U. Margolin
September 01, 2004

The right to adopt controls on the use of land in New York, although derived from the state's power, has largely devolved to local municipal governments through New York's Town Law and Village Law, and similar legislation for cities. There are areas, however, where the state still exercises control, frequently as general oversight in perceived problem areas — coastal erosion and flood zones for example. The state also exercised its power, beginning in 1960, to allow for the creation of county-wide planning boards, to allow for the input of regional and county-wide considerations in local land use decisions.

This legislation, codified under General Municipal Law Article 12-B, ” 239-b through ff., was the subject of a recent Court of Appeals case, Headriver LLC v. Town Bd. of the Town of Riverhead, __ N.Y.2d ___ ,__ N.Y.S.2d ___, 2004 N.Y. LEXIS 927 (May 4, 2004) that clarified, in part, whether a county board's recommendations may trump the provisions of a local zoning code. Section 239-c empowers counties to create county planning boards, made up of appointed members, and permits counties to grant these boards the power to review local land use decisions pursuant to ” 239-l and 239-m. (The reader is cautioned to obtain the text of this opinion from the official Clurt of Appeals Web site, www.nycourts.gov/ctapps. The version currently available on LEXIS was subsequently corrected by the Court of Appeals within the first week after the opinion was issued, but the corrected version is not on LEXIS.)

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