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East Hampton Zoning Board Rules that Doggy Day Care is a Legal Home Occupation

A Town of East Hampton resident can continue to operate a home-based dog-walking and pet sitting business after the East Hampton Zoning Board of Appeals voted unanimously to overturn a previous determination by the Town’s...more

Local Gov’t Takes a Hit Under Proposal to Legalize Marijuana

A significant portion of Governor Andrew M. Cuomo’s original fiscal year 2020 budget proposal discusses in detail his idea for a “Cannabis Regulation and Taxation Act,” to be known colloquially as the “cannabis law.”...more

Developments Of Regional Significance Are Subject To Additional Scrutiny By Pine Barrens Commision

The Long Island Pine Barrens Maritime Reserve Act, Environmental Conservation Law, Article 57 (the “Act”), was adopted in 1993 for the purpose of protecting approximately 102,500 acres of the Long Island Pine Barrens located...more

Court Rules that Delays Associated with SEQRA Review do not Violate Telecommunications Act

Due to the proliferation of advanced mobile devices, such as smartphones and tablets, wireless service providers anticipate a significant increase in data traffic over their networks in the next few years. ...more

Appellate Court Concludes that Schools are not Exempt from Local Zoning Regulations

The generally accepted practice in towns and villages throughout New York is that public and private schools need not comply with the zoning rules applicable to other property owners. However, the Appellate Division, Third...more

Town Considers New Zoning Regulations for Port Washington Waterfront

Following the adoption of a moratorium on development along Port Washington’s waterfront, North Hempstead Town officials have proposed new zoning regulations designed to preserve public access and prevent excess building in...more

Court Admonishes Village for Adopting Laws with a Discriminatory Purpose

Local governments in New York may regulate land use within their borders directly through their zoning codes and indirectly by adopting a variety of other statutes and regulations. ...more

Town of Babylon Imposes Moratorium on Use of Pine Barrens Credits to Increase Development Density

On March 28, 2018, the Babylon Town Board adopted a moratorium on any new land use applications that seek to increase a parcel’s wastewater limits established by the Suffolk County Department of Health Services (“SCDHS”) by...more

Landmarks Preservation Commission May Prevent the Privatization of Interior Landmarks

In Matter of Save America’s Clocks, Inc. v. City of New York, the majority of a divided 3-2 Appellate Division, First Department, panel attempted to clarify the authority of the New York City Landmarks Preservation Commission...more

Is New York City’s Marx Brothers Playground a Park?  The Answer is No Laughing Matter

A fierce legal battle is currently being waged between preservationists and the City of New York (“City”) over a parcel of land in Manhattan’s Upper East Side, known as Marx Brothers Playground. The parcel, which is located...more

Federal Oversight of Zoning within the Fire Island National Seashore

Fire Island is a 32-mile long, slender barrier sand bar island located between the Atlantic Ocean and the South Shore of Long Island. The island, which varies in width from as little as about 550 feet to not more than about...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 3

In this post, which is the third and final segment of a three-part series, we look at real property recording and related fees, which have increased significantly in Nassau and Suffolk Counties in recent years. Like illegal...more

Queens Shopping Mall Nixed by Court’s “Public Trust” Doctrine Ruling

In Matter of Avella v. City of New York, 2017 NY Slip Op 04383 (June 6, 2017), the New York Court of Appeals reviewed a decision by the City of New York approving a proposal by Queens Development Group, LLC (“QDG”) which...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges? – Part 2

In this post, which is the second segment of a three-part series, we will highlight the various ways that local governments facing fiscal challenges have turned to imposing fees related to the administration of their zoning,...more

Town of Southold Expands Scope of Agricultural Use

On April 25, 2017, the Southold Town Board adopted Local Law No. 5 of 2017, which amends the Town’s Zoning Code as it relates to agricultural uses. Specifically, the local law amends and adds certain definitions to the Code...more

East Hampton Considers New Laws Mandating Nitrogen-Reducing Sanitary Systems and Offering Rebates to Replace Existing Systems

The Town Board of the Town East Hampton (“Town Board”) is considering progressive new legislation that will require advanced nitrogen-reducing sanitary systems for all new commercial and residential construction and major...more

Can Zoning Stop Property Owners from Renting?

Local governments may not rely on zoning rules to prohibit renters in multi-family housing developments. Many local governments (and residents) prefer property owners living in their communities rather than tenants. This...more

Are Land Use Fees the Solution to Long Island’s Fiscal Challenges?

In an effort to generate revenue without raising taxes, many municipalities on Long Island, and elsewhere in New York State, are turning to the use of various forms of land development fees to meet their fiscal challenges. In...more

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