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Prosecuting land use decisions in New York State involves navigating a complex intersection of municipal law, state statutes, and case law. Whether representing a municipality, a developer, or a concerned citizen, understanding the legal framework that governs land use is crucial for effectively prosecuting or defending such decisions.

When you're considering buying land in New York State, whether as an individual or a development company, environmental due diligence is a critical step that shouldn't be overlooked. This process involves assessing the environmental condition of a property to identify potential risks and liabilities before the purchase is finalized. Skipping this step could lead to significant financial and legal consequences down the line.

For local governments in New York State, environmental due diligence is not just a procedural step—it’s a fundamental responsibility. Whether planning new development projects, redeveloping existing properties, or managing land transactions, local governments must ensure that environmental risks are thoroughly assessed and mitigated. This due diligence protects public health, preserves natural resources, and helps municipalities avoid costly liabilities.

Jacob H. Zoghlin, Esq., has been recognized by Super Lawyers as a Rising Star and Top Rated “Environmental” Attorney in Rochester, New York in 2024. Jacob was also previously honored on the Super Lawyer’s list of Rising Stars in the areas of “State, Local & Municipal Law” (2023), “Cannabis Law” (2022), “Environmental Litigation” (2021), and “Zoning and Land Use Law” (2020).

Mindy L. Zoghlin has been recognized by Super Lawyers as a Top Rated “Land Use & Zoning Attorney” in Rochester, New York for the eighth year in a row (2017-2024).

Jacob H. Zoghlin was selected in 2024 by his peers for inclusion in “Best Lawyers: Ones to Watch in America” for his work in the fields of “Environmental Law” and “Land Use and Zoning Law” for the second year in a row.

Recently, the Cannabis Control Board made some notable changes in how cannabis shops can advertise in New York State. Retailers and retailer-hopefuls had long been frustrated about certain aspects of the regulations on cannabis advertising, believing them to be too restrictive.

The final steps in the SEQRA process involve preparing the Final Environmental Impact Statement (FEIS) and issuing findings.

The next steps in the SEQRA process involve opening up SEQRA review for the project/action for public comment on the Draft EIS (DEIS), and then potentially holding a public hearing on it, too.

The next steps in the SEQRA process involve scoping and preparing the Draft EIS (DEIS). Scoping is an essential step in the SEQRA process, aimed at identifying the significant environmental issues that need to be addressed in the DEIS. This process ensures that the DEIS is concise and focused on significant environmental impacts, avoiding the inclusion of unnecessary or irrelevant information.

The next steps in the SEQRA process involve coordinated review of the action amongst involved agencies, and a determination of significance of potential environmental impacts.

The type of Environmental Assessment Form (EAF) required depends on whether the action is classified as Type I, Unlisted, or Type II. This blog provides a guide to understanding and completing the correct EAF depending on the type of project, and whether an EAF needs to be completed at all.

SEQRA classifications fall into three categories: Type I, Unlisted, and Type II actions. Each category has specific criteria and implications for the environmental review process. This blog provides a comprehensive guide to understanding these classifications and when they come up.

Under the Marijuana Regulation and Taxation Act (“MRTA”), a new government entity was created to license the cultivation, processing, distribution, sale, and delivery of cannabis in New York State. Each commercial activity involving adult-use cannabis will require a license.  Accordingly, because the law generally limits (1) vertical integration and (2) the number and type of licenses that a person may hold, businesses will have to seriously consider which license type best serves their goals, interests, and abilities.

In the realm of New York State environmental regulation, the State Environmental Quality Review Act (SEQRA) stands out as cornerstone legislation. SEQRA mandates that all agencies must evaluate the environmental impacts of the actions they propose or approve. This blog post aims to shed light on the purpose of SEQRA and delve into the types of actions that necessitate SEQRA review.

In the realm of municipal planning, the concept of a Planned Development District (PDD) represents a shift in land-use control that departs from traditional zoning regulations. A PDD is a designated area where a mix of residential, commercial, and industrial uses can coexist under specific guidelines aimed at achieving efficient and compatible land use aligned with a community's comprehensive plan.

When navigating the intersection of municipal development and historic preservation, understanding the role of a Historic Preservation Board (HPB) becomes essential. These boards play a critical role in maintaining the architectural integrity and historical significance of properties within municipalities. Their involvement is required in a variety of circumstances, from individual property modifications to broader community development initiatives.

Importance of a Historic Preservation Board

HPBs extend their influence beyond merely vetting alterations to individual historic properties. Their oversight encompasses the entirety of historic districts, ensuring that new developments, renovations, and even demolition projects align with established historic preservation standards. This holistic approach is vital in maintaining the character and integrity of neighborhoods steeped in history.

When a Historic Preservation Board May Step In

For homeowners wishing to build or alter structures on their property, approval from the municipality's HPB is required if the property falls within a historic district and the construction is visible from the public right of way. This includes any exterior modifications visible from the street, such as adding windows, altering facades, or constructing additions. The municipality’s HPB would evaluate these changes for their impact on the historic character of the property and the surrounding area.

Large scale development projects have similar requirements. In these situations, the HPB’s role is to ensure that new developments respect the historical context and fabric of the area, which may influence zoning or planning decisions to protect historic assets.

Obtaining Approval from an HPB

When property owners and developers are seeking approval from a municipality’s planning and zoning board(s), historic preservation concerns may arise. A planning and zoning board(s) may either refer the application to the municipality’s HPB or may advise the applicant to approach the HPB itself. Applicants are often required to demonstrate, through presenting detailed plans, how their proposed changes contribute to the preservation of the property's historic value. An applicant will also need to demonstrate how the construction or alterations do not take away from the historic character of the district. If satisfied, a HPB may issue a Certificate of Appropriateness (or a similar instrument) which confirms that the construction or alterations do not offend the historic interests of the district.

Relation to Zoning and Environmental Issues

The involvement of HPBs often intersects with zoning laws and environmental regulations. For instance, zoning adjustments may be required to accommodate the preservation of historic structures, or environmental assessments may need to account for the impact on historically significant landscapes. The preservation process can thus influence and be influenced by broader municipal planning and development policies.

Challenges and Opportunities

While the work of HPBs is essential in preserving a municipality’s historic heritage, it is not without its challenges. Balancing the needs for preservation with demands for development and modernization requires nuanced decision-making. Furthermore, the financial implications of preservation, including funding for maintenance and restoration, can be significant. However, these challenges also present opportunities for innovation, such as adaptive reuse projects that repurpose historic buildings for new uses, breathing new life into old structures while retaining their historical significance.

Conclusion

HPBs play a pivotal role in balancing development with the conservation of historical heritage. Their approval is crucial for property owners looking to alter historic landmarks and for developers planning projects that impacts historic sites. This process ensures that growth and change within a historic district respects and preserves its historical and cultural significance, often intertwining with zoning and environmental considerations to promote sustainable development that honors the past.

If you have questions about historic preservation or need assistance navigating municipal approval processes as a property owner or developer, contact the attorneys at The Zoghlin Group for help. For inquiries related to, Historic Preservation, Land Use and Zoning, and Municipal Law, please contact Mindy Zoghlin, Esq., Jacob Zoghlin, Esq., or Ryan Ockenden, Esq.

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When discussing property rights and government actions, terms like eminent domain and condemnation often come to mind. But what happens when private property is taken outside an eminent domain proceeding? That illustrates the lesser-known concept of inverse condemnation. In this blog post, we'll delve into what inverse condemnation entails, how it differs from eminent domain, examples of its application, and the remedies available.

Dealing with environmental contamination can be a challenge for property owners, often resulting in costly cleanup liabilities. When contamination occurs, a cost recovery action may be initiated to address the issue and to ensure that responsible parties ultimately bear the financial burden of remediation. Understanding how these actions proceed and what steps property owners can take to limit their liabilities is crucial in returning a contaminated property to its proper condition for future development or conservation.

Like the sunrise every morning, one thing is certain: there will always be people displeased with a municipal board’s decision-making. If a legal challenge to a municipal board decision happens, the administrative record that the board created for that decision is critically important.

Today, the resolution of legal disputes — especially those involving land use and environmental laws, municipal decision-making, and community development projects impacting communities — often lead parties towards the courtroom.

New York State is home to diverse communities, each with its unique charm and character. Sometimes, development projects come knocking at our doors, bringing change that can disrupt our environment, neighborhoods, and way of life.