N.Y. Transportation Law Section 51
Comprehensive regional planning

Project coordination with comprehensive regional planning. Prior to undertaking a municipal project, the Utica transit authority shall comply with the provisions of this section. Where a proposed municipal project is to be located in whole or in part, within the jurisdiction of a multi-county regional planning board which has adopted a regional comprehensive plan, the Utica transit authority proposing such project shall submit a description of the project to such regional planning board. Such regional planning board shall advise the Utica transit authority within fifteen days of the date of such submission as to whether or not the proposed project has a significant regional impact. If the regional planning board determines that the proposed project does not have a significant regional impact, it shall certify that it is not in substantial conflict with the board’s regional comprehensive plan. If the proposed project is determined to have a significant regional impact, the regional planning board shall determine, within thirty days from date of the submission of the project description, whether or not it is in substantial conflict with its regional comprehensive plan. In making such determination, the regional planning board may also consider whether the proposed project is properly coordinated with other exisiting or proposed projects within the region. If the regional planning board determines that such project might be in substantial conflict with its regional comprehensive plan, the regional planning board may issue an order to the Utica transit authority directing that such authority not undertake or continue such project for an additional period of forty-five days immediately following such thirty day period. During such additional forty-five day period, the regional planning board shall further review the project and shall hold a public hearing concerning such project. On or before the conclusion of such forty-five day period and after the public hearing, the regional planning board shall determine whether or not such project is in substantial conflict with its regional comprehensive plan, and report its determination to the Utica transit authority sponsoring such project, to the commissioner of transportation, to any other public agency having the power of review or approval of such project, and in a manner conducive to the wide dissemination of such determinations, to the public. If the regional planning board determines that the proposed project is in substantial conflict with its regional comprehensive plan, the Utica transit authority shall before undertaking such project state in writing to the regional board its reasons for undertaking the project notwithstanding such determination of substantial conflict. Regional planning boards may adopt rules and regulations establishing standards and procedures, consistent with this section, for the review of projects hereunder, and which may exclude specified kinds of projects from such review. Such procedures may contain provisions allowing for informal discussion of preliminary and informal plans for a project subject to review and for preliminary approval or recommendations by the board with respect to the project. Before adopting such rules and regulations, the regional planning board shall consult with the department of state, which may make recommendations concerning such standards and procedures. In the event a proposed project is to be located, in whole or in part, in an area not within the jurisdiction of a multi-county regional planning board which has adopted a comprehensive regional plan, the functions, powers and duties conferred in this section upon such a regional planning board shall apply to the county planning board or boards of any county wherein such project is to be located, in whole or in part, if such county planning board has adopted a comprehensive master plan. In the event there is no such county planning board which had adopted a comprehensive master plan, such functions, powers and duties may be carried out by the department of state. The regional comprehensive plan referred to under this section shall embody the policy recommendations of the regional planning board for the comprehensive development of the region, and shall include statements of policies, goals and objectives. Before such regional comprehensive plan is adopted by the regional planning board, it shall be certified to by the secretary of state as being adequate for the review purposes of this section. The comprehensive master plan of a county referred to under this section shall embody the same elements as herein prescribed with respect to a regional comprehensive plan, and shall similarly be certified to by the secretary of state.

Source: Section 51 — Comprehensive regional planning, https://www.­nysenate.­gov/legislation/laws/TRA/51 (updated Sep. 22, 2014; accessed Apr. 27, 2024).

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Accessed:
Apr. 27, 2024

Last modified:
Sep. 22, 2014

§ 51’s source at nysenate​.gov

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