Police power: state environmental review, subdivided land sales, codes, and local authority

Four separate land-use questions

Police power supports regulation for public health, safety, and welfare. It differs from eminent domain, which takes property for public use with compensation. For a development, distinguish environmental effects, lawful land marketing, construction safety, and local permission to use the site.

Environmental review

New York's State Environmental Quality Review Act brings environmental considerations into agency decisions. An environmental impact statement evaluates significant effects, alternatives, and mitigation; not every action requires one. Environmental Conservation Law § 8-0113 calls for criteria distinguishing actions likely to need statements from classes that do not. Under § 8-0109, when a draft statement is required, a permit application is not complete until the agency accepts the draft's scope, content, and adequacy. The agency determines whether to hold an environmental hearing. The completed statement is made publicly available before action on the proposal.

Subdivided land marketing

New York Real Property Law § 337 defines covered subdivided lands and installment arrangements, including deferred title until required payments are completed. It also reaches covered out-of-state land marketed to the public in New York. Under § 337-a, required offering materials must be filed with the Department of State before offering covered subdivided vacant land. These include descriptions, maps, title information, and proposed contracts. Filing does not replace development permission.

Federal interstate land sales law, 15 U.S.C. § 1703, requires an effective statement of record and a printed property report delivered before signing for transactions subject to those requirements. It prohibits material misstatements and inconsistent advertising and requires covered developer promises of utilities or amenities to be stipulated in the contract. Check coverage and exemptions for the transaction.

Codes and local authority

Building and fire codes regulate construction safety. Zoning regulates matters such as permitted use, density, and setbacks. New York Executive Law § 379 allows qualifying stricter local construction standards through a process requiring an affirmative determination by the state code council; local adoption alone is insufficient. Section 381 permits joint enforcement arrangements and provides state oversight. Passing one checkpoint does not satisfy the others.