Boundary Line Adjustments
Disclaimer: This page is intended to provide general information regarding Agency jurisdiction. Other provisions or restrictions may apply if an Agency permit or variance is required or if the property has previously been subject to Agency review.
This is a supplement to the Citizen's Guide, which provides basic information about Adirondack Park Agency regulations. Please contact the Agency with any questions. For a binding written response as to whether a specific proposal requires Agency review, please submit a Jurisdictional Inquiry Form online or by mail.
Updated: April 20, 2013
The conveyance of land by deed to an adjoining landowner for the purpose of adjusting a boundary line often results in the creation of a parcel smaller than the minimum lot size for the land use area, as established under the Adirondack Park Agency Act. Pursuant to the APA Act, a permit is required for the conveyance of a parcel that does not meet this minimum lot size.
Agency regulations allow for the creation by deed of a substandard-sized lot without an Agency permit, provided that either (i) the land being conveyed is smaller than ¼ acre in size and less than 25 feet in width, or (ii) Agency staff determine in advance that the land being conveyed is of a size, nature, and configuration that could not reasonably accommodate the construction of a principal building. To avoid the need for a permit in either circumstance, the landowner who receives the boundary line adjustment parcel must merge the conveyed lands with the landowner’s existing property, with the merger deed stating that:
- The boundary line adjustment lands cannot be sold separately from the existing parcel without a permit from the Adirondack Park Agency;
- The boundary line adjustment lands cannot be used toward the mathematical calculation of the potential for principal buildings on the merged lot; and
- These deed covenants will “run with, touch and concern the land and shall be enforceable by the Adirondack Park Agency, the State of New York, and the grantor of the lands which constitute the boundary line adjustment.”
A boundary line adjustment resulting in the creation of a lot smaller than the minimum lot size requires an Agency permit if the lands are already subject to an Agency permit, order, or settlement agreement, or if the lands are within a pre-existing subdivision as defined in the APA Act.