by Andrew Getty
The Adirondack Park Agency (APA) has jurisdiction over many things, but not everything. All too often it is assumed that the APA has authority over anything, no matter how big or small.
Sure, they have a comprehensive set of rules and regulations, but they simply do not have jurisdiction over everything.
The APA Act and the Regulations are a state run, state sanctioned zoning law, and not too dissimilar to any local town or village zoning ordinances.
Land area is broken into “land classification,” which is otherwise referred to as zoning districts in most towns.
Each land classification, or district, has certain allowable uses such as commercial, industrial or residential… or some combination thereof.
The different land classification, or districts, set out various dimensional standards such as building setbacks from shorelines, building height, minimum lot size (density).
One distinction between town zoning and the APA regs is the town regulates side or rear property line setbacks; APA does not.
However, if the rear or side property line is also a state land boundary, APA does have some rules about that.
The APA has full jurisdiction over all regulated wetlands anywhere inside the Adirondack Park.
Outside the Park, throughout New York State, the Department of Environmental Conservation (DEC) has jurisdiction.
And each of those agencies treats wetlands very similar, but not quite the same.
What makes a particular project APA Jurisdictional?
There are three main things: wetlands, building height and shoreline setback.
There can be other issues as well, but for the vast majority of residential properties wanting to do some kind of project, new or old (as in renovations and additions), those three things will be key to determining whether the APA has jurisdiction over the project.
What does jurisdiction mean?
Simply put, it means that an APA permit or variance from the agency is required.
How do you find out if an agency permit or variance is required?
The quickest and easiest way is to file a JIF… Jurisdictional Inquiry Form.
The town code office has the forms available, and they are also available through the APA web-site.
If you have never filled one of these out, be prepared. At first they seem pretty intimidating.
But don’t let that bother you, for basic residential work many of the questions do not apply.
The best advice is to read and follow the instructions completely.
It will ask for a sketch of the project, a survey or plot plan, and a good, concise and clear description of the work, basic plans (not necessarily architectural/engineered plans) and a copy of the deed.
Don’t forget the deed. Pictures can help, you want to make it easy to understand.
How long does this process take?
As long as there are no wetlands (they can tell by aerial photos and wetland maps), the project is less than forty-feet tall (as measured by the APA definition) and the project complies with any shoreline setback requirements in that particular land classification, you can expect an answer in two to four weeks… usually closer to the two-week period.
Do they call me; how do they reply?
They will answer by letter, called a “Jurisdictional Determi-nation Letter.”
If the project does not involve wetlands, is less than forty feet tall and meets all shoreline setback requirements, the letter will clearly say, “No agency permit or variance is required.”
That’s it, you are done.
Of course that assumes everything was true, and the project is completed as described.
The Town of Webb Code Office is familiar with the JIF process. It’s required on almost every shoreline project, or on any type of project where obtaining a jurisdictional determination is required.
This office is happy to help in the JIF form to ensure your request is as complete as can be.
Don’t let it scare you.