APA Jurisdictional Table

SUMMARY OF ADIRONDACK PARK AGENCY AUTHORITY OVER
LAND USE AND DEVELOPMENT AND SUBDIVISIONS

THIS CHART IS INTENDED AS A GENERAL GUIDE TO THE REQUIREMENTS OF THE ADIRONDACK PARK AGENCY ACT, WILD, SCENIC AND RECREATIONAL RIVERS SYSTEM ACT, AND FRESHWATER WETLANDS ACT. WHILE IT IS A GENERAL SUMMARY OF THEM, IT DOES NOT INCLUDE ALL THE PROVISIONS OF THESE LAWS.

PERSONS CONTEMPLATING A NEW LAND USE OR DEVELOPMENT OR SUBDIVISION, OR AN EXPANSION OF 25% OR MORE OF AN EXISTING USE ARE URGED TO CONTACT THE AGENCY (P.O. BOX 99, RAY BROOK, NY 12977 [518-891-4050]) WHICH WILL PROMPTLY ISSUE A FORMAL, BINDING DETERMINATION AS TO WHETHER AN AGENCY PERMIT OR VARIANCE IS NECESSARY.

IN CHECKING WHETHER APA AUTHORITY MAY APPLY TO A PROPOSED ACTIVITY, EACH SECTION OF THE CHART SHOULD BE REVIEWED.

SHORELINE RESTRICTIONS

THESE RESTRICTIONS APPLY TO ALL NEW (POST AUGUST 1, 1973) LAND USE AND DEVELOPMENT AND SUBDIVISION ON SHORELINES, WHETHER OR NOT A PERMIT IS ALSO NECESSARY. THE AGENCY IS AUTHORIZED TO ISSUE VARIANCES TO THEM UPON A SHOWING OF “PRACTICAL DIFFICULTY.”

		APA ACT LAND USE AREAS
		HAMLET	MODERATE INTENSITY USE	LOW INTENSITY USE	RURAL USE	RESOURCE MGMT.	INDUSTRIAL USE
Minimum Setback from Mean high water mark (m.h.w.m.).	Building (for navigable waterways)	50 Ft.	50	75	75	100	None
Minimum Setback from Mean high water mark (m.h.w.m.).	Septic System (for navigable & non-navigable waterways)	100 Ft.	100	100	100	100	100
Minimum Lot Width		50 Ft.	100	125	150	200	None
Minimum Frontage For Deeded or Contractual Access from Back Lots	5-20 lots	100 Ft.	100	100	100	100	100
	21-100 lots	100 Feet plus 3 Ft. for each lot exceeding 20
	101-150 lots	340 Feet plus 2 Ft. for each lot exceeding 100
	Over 150 lots	440 Feet plus 1 Ft. for each lot exceeding 150

Vegetative Cutting Restrictions

Within 35 feet of m.h.w.m., not more than 30% of the trees over 6” DBH during any 10 year period.
Within 6 feet of m.h.w.m., up to 30% of the shorefront may be clear of vegetation on any lot.

Diseased vegetation, and rotten or damaged trees or other vegetation presenting safety or health hazards may always be removed.

FRESHWATER WETLANDS PROJECTS

PERMITS ARE REQUIRED FOR A WIDE VARIETY OF ACTIVITIES IN FRESHWATER WETLANDS. WETLANDS INCLUDE ANY LAND ANNUALLY SUBJECT TO PERIODIC OR CONTINUED INUNDATION AND COMMONLY CALLED BOGS, SWAMPS, OR MARSHES, AS WELL AS OPEN WATERS IMMEDIATELY ADJACENT THERETO OR SURROUNDED THEREBY IF ESSENTIAL TO THEIR PRESERVATION THEY ALSO INCLUDE SOME OTHER TYPES OF LAND THAT MOST PEOPLE WOULD NOT CONSIDER WETLANDS, SUCH AS “SPRUCE SWAMPS” AND ARTIFICIAL MUDFLATS EXPOSED BY RESERVOIR DRAWDOWNS. WETLANDS ARE REGULATED IF THEY EXCEED ONE ACRE IN SIZE OR, REGARDLESS OF SIZE, IF THEY ARE ADJACENT TO AND HAVE A FREE INTERCHANGE OF SURFACE WATER WITH A LAKE, POND, RIVER OR STREAM. THE AGENCY WILL, UPON REQUEST OF ANY PERSON CONTEMPLATING LAND USE, DEVELOPMENT, SUBDIVISION OR OTHER ACTIVITY WHICH MIGHT INVOLVE A WETLAND, DETERMINE WHETHER WETLANDS ARE PRESENT AND THE EXACT LOCATION OF THEIR BOUNDARIES.

PERMITS ARE NEEDED FOR THE FOLLOWING
IF WITHIN A WETLAND:

Land use and development or subdivision;
Draining, dredging, excavation, removing soil, peat, mud, sand, shells, or gravel;
Dumping or filling soil, stones, sand, gravel, mud, rubbish or fill of any kind;
Erecting structures, building roads, driving pilings, or placing any other obstructions; and
Clearcutting more than three acres.

PERMITS ARE NEEDED FOR THE FOLLOWING WHETHER OR NOT THEY OCCUR WITHIN A WETLAND:

Any forms of pollution, including installation of septic tanks and sewer outfalls, or discharge of sewage effluent or other liquid waste into or so as to drain into the wetland; and
Any other activity which harms the wetland, including division of surface or subsurface drainage that adversely affects the natural hydrological regime, or substantially increases erosion of or siltation or sedimentation into the wetland.

PERMITS ARE NEEDED FOR THE INSTALLATION OF ON-SITE SEWAGE DRAINAGE FIELDS OR SEEPAGE PITS, OR SEWER OUTFALLS, IN A WETLAND OR WITHIN 100 FEET OF ONE.

PROVIDED THERE IS NO FILLING OR OTHER MATERIAL DISTURBANCE, PERMITS ARE NOT NEEDED FOR:

Fishing, hunting, trapping, ricing, berrying, shell-fishing, aquaculture;
Grazing or watering livestock;
Making reasonable use of water resources;
Harvesting natural products;
Selectively cutting timber and constructing skid trails without using fill; and
Draining for growing agricultural products.

PROJECTS WITHIN ¼ MILE OF WILD, SCENIC OR RECREATIONAL RIVERS

SPECIAL PERMIT REQUIREMENTS AND OTHER REGULATIONS APPLY, OUTSIDE OF HAMLET AND MODERATE INTENSITY USE AREAS, WITHIN ONE-QUARTER MILE OF THE FOLLOWING RIVERS. PLEASE CONTACT THE AGENCY IF YOU ARE PLANNING LAND USE, DEVELOPMENT, OR SUBDIVISION IN THESE AREAS.

Ampersand Brook
Ausable River (East Branch)
Ausable River (Main Branch)
Ausable River (West Branch)
Black River
Blue Mountain Stream
Bog River
Boquet River
Boreas River
Cedar River
Cold River
Deer River
East Canada Creek
Grasse River (Middle Br.)
Grasse River (North Br.)
Grasse River (South Br.)

Hudson River
Independence River
Indian River
Jordan River
Kunjamuk River
Long Pond Outlet
Marian River
Moose River (Middle, North
South and Main Branches)
Opalescent River
Oswegatchie River (Main Br.)
Oswegatchie River (Mid. Br.)
Oswegatchie River (West Br.)
Otter Brook
Piseco Lake Outlet
Raquette River
Red River
Rock River
Round Lake Outlet

Sacandaga River (East Br.)
Sacandaga River (Main Br.)
Sacandaga River (West Br.)
St. Regis River (East Br.)
St. Regis River (Main Br.)
St. Regis River (West Br.)
Salmon River
Saranac River (Main Br.)
Schroon River
West Canada Creek
West Canada Creek (South Br.)
West Stony Creek

REGIONAL PROJECTS

		APA ACT LAND USE AREAS
		HAMLET	MODERATE INTENSITY USE	LOW INTENSITY USE	RURAL USE	RESOURCE MGMT.	INDUSTRIAL USE
Overall Intensity Guideline	Principal Buildings per Square Mile	No intensity restriction	500	200	75	15	No intensity restriction
Overall Intensity Guideline	Average Lot Size in Acres	No intensity restriction	1.3	3.2	8.5	42.7	No intensity restriction
Key to Symbols below:		"NJ" "Non-Jurisdictional" project, no APA permit required	"A" Requires Class A regional project permit	"B" Requires Class B regional project permit	"IC-B" Incompatible use in area show: projects would require demonstration of compatibility; a Class B permit is required
Key to Symbols below:		NJ	A	B		IC-B

	Wetlands		Any new land use or subdivision within a Critical Environmental Area is a Class A Regional Project, except for agricultural uses, public utilities, non-clearcut forestry uses, open space recreation uses and except that a single family dwelling is a Class B Regional Project if located within 1/8 mile of a Wilderness, Primitive or Canoe Area, within 150 feet of the right-of-way of a Federal or State highway in a Rural Use Area or within 300 feet of the right-of-way of a Federal or State highway in a Resource Management Area.
	Within 1/4 mile of Navigable River	NJ					NJ
	Elevation of 2500ft. or higher	NJ					NJ
	Within 1/8 mile of Wilderness, Primitive or Canoe Area	NJ					NJ
	Within 150ft. of R.O.W. of State or Federal highway	NJ	NJ	NJ			NJ
	Within 300ft. of R.O.W. of State or Federal highway	NJ	NJ	NJ	NJ		NJ

	1. Single Family Dwelling	NJ	NJ	NJ	NJ	B	IC-B
	2. Individual Mobile Home	NJ	NJ	NJ	NJ	B	IC-B
	3. Residential Subdivision	NJ 2 to 99 lots	NJ 2-14 lots	NJ 2-9 lots	NJ 2-4 lots	A All sub-divisions	IC-B
			B 15-74 lots or 2-14 lots if any shoreline lot less than 25,000 sq. ft. or inland lot less than 40,000 sq.ft.	B 10-34 lots or 2-9 lots if any shoreline lot less than 50,000 sq. ft. or inland lot less than 120,000 sq.ft.	B 5-19 lots or 2-4 lots if any shoreline lot less than 80,000 sq. ft. or inland lot less than 320,000 sq.ft.
			Or if any lot does not conform to the shoreline lot width requirements.
		A 100 or more lots	A 75 or more lots	A 35 or more lots	A 20 or more lots
	4. Mobile Home Court	NJ	B	B	B	IC-B	IC-B
	4. Mobile Home Court	A 100 or more lots	A 75 or more lots	A 35 or more lots	A 20 or more lots	IC-B	IC-B
	5. Multiple Family Dwelling	NJ	B	B	B	IC-B	IC-B
	5. Multiple Family Dwelling	A 100 or more lots	A 75 or more lots	A 35 or more lots	A 20 or more lots	IC-B	IC-B
	6. Open Space Recreation	NJ	NJ	NJ	NJ	NJ	NJ
	7. Agricultural Use	NJ	NJ	NJ	NJ	NJ	NJ
	8. Agricultural Use Structure	NJ	NJ	NJ	NJ	NJ	NJ
	9. Forestry Use	NJ	NJ	NJ	NJ	NJ	NJ
	9. Forestry Use	NJ	A if clearcut	A if clearcut	A if clearcut	A if clearcut	NJ
	10. Forestry Use Structure	NJ	NJ	NJ	NJ	B	NJ
	11. Hunting-Fishing Cabin, Private Club Structure	NJ	NJ	NJ	NJ	NJ	NJ
	11. Hunting-Fishing Cabin, Private Club Structure	NJ	NJ	NJ	NJ	B 500 sq.ft. or more	NJ
	12. Game Preserve, Private Park	NJ	NJ	NJ	NJ	NJ	IC-B
	13. Private Road	NJ	NJ	NJ	NJ	NJ	NJ
	14. Cemetery	NJ	NJ	NJ	NJ	IC-B	IC-B
	15. Private Sand-Gravel Extraction	NJ	NJ	NJ	NJ	NJ	NJ
	16. Public Utility Use	NJ	NJ	NJ	NJ	NJ	NJ
	17. Public/Semi-Public Building	NJ	B	B	B	IC-B	B
	18. Municipal Road	NJ	B	B	B	B	B
	19. Agricultural Service Use	NJ	B	B	B	A	B
	19. Agricultural Service Use	NJ	A 10,000 sq.ft. or more	A 5,000 sq.ft. or more	A 2,500 sq.ft. or more	A	B
	20. Commercial Use	NJ	B	B	B	IC-B	B
	20. Commercial Use	NJ	A 10,000 sq.ft. or more	A 5,000 sq.ft. or more	A 2,500 sq.ft. or more	IC-B	B
	21. Tourist Accommodation	NJ	B	B	A	IC-B	IC-B
	21. Tourist Accommodation	A if 100 or more units	B	B	A	A if Ski Center	IC-B
	22. Tourist Attraction	NJ	A	A	IC-B	IC-B	IC-B
	23. Marina, Boat Launching Site	NJ	B	B	B	IC-B	IC-B
	24. Golf Course	NJ	B	B	B	B	IC-B
	25. Campground	NJ	B	B	B	B	IC-B
	25. Campground	NJ	B	B	B	A 50 sites or more	IC-B
	26. Group Camp	NJ	B	B	B	A	IC-B
	27. Ski Center	NJ	A	A	A	A	IC-B
	28. Commercial Seaplane Base	NJ	B	B	A	IC-B	IC-B
	29. Cmrcl. or Private Airport	A	A	A	A	IC-B	IC-B
	30. Sawmill/Wood Using Facility	NJ	A	A	A	A	B
	31. Cmrcl. Sand/Gravel Extraction	NJ	B	B	B	A	A
	32. Mineral Extraction	NJ	A	A	A	A	A
	33. Mineral Extraction Structure	NJ	A	A	A	A	A
	34. Watershed Mgmt-Flood Control	A	A	A	A	A	IC-B
	35. Sewage Plant	NJ	A	A	A	A	A
	36. Waste Disposal Area	NJ	IC-B	A	A	IC-B	A
	37. Junkyard	NJ	IC-B	A	A	IC-B	A
	38. Major Public Utility Use	NJ	A	A	A	A	A
	39. Industrial Use/Structure	NJ	A	A	A	IC-B	B
	40. Accessory Uses/Structures	NJ	NJ	NJ	NJ	NJ	NJ
EXPANSIONS OF 25% OR MORE		Expansion of 25% or more of any project listed above, whether or not the project being expanded is pre-existing and whether the expansion is done at one time or in stages, requires a permit if the project being expanded, if new, would require one.
HEIGHT OF STRUCTURE		All projects or structures over 40 ft. in height are Class A regional projects, except agricultural use structures, residential radio and TV antennas.

SUMMARY OF ADIRONDACK PARK AGENCY AUTHORITY OVER LAND USE AND DEVELOPMENT AND SUBDIVISIONS