16 U.S.C. § 459e–2 — Zoning regulations

submitted 62 years ago by Pub. L. 88-587 to r/title-16-CONSERVATION · 761 words · no verdicts yet

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The Secretary sets zoning standards that Fire Island communities' ordinances must meet. Approved ordinances limit the Secretary's power to condemn improved property there. If a variance breaks the standards later, that protection ends automatically.

(a) Amendment; standards for approval of ordinances: To carry out section 459e–1, the Secretary must issue regulations — which he can amend over time — setting standards that zoning ordinances need to meet for his approval. (b) Commercial or industrial use prohibition: These standards must aim to (1) stop new commercial or industrial uses on seashore property, except ones the Secretary decides fit the law's purposes, and (2) protect and develop the seashore's land by limiting the size, location, or use of commercial, residential, and other buildings. In doing this, the standards must try to balance how densely populated the seashore was as of October 17, 1984, with protecting its natural resources, in line with why the seashore was created. (c) Approval of ordinances: Once the standards are issued, the Secretary must approve any zoning ordinance, or amendment to one, that matches the standards in place when it was adopted. That approval stays valid for as long as the ordinance or amendment stays in effect as approved. (d) Adverse provisions and absence of notice for variance: The Secretary cannot approve an ordinance or amendment if it (1) contains anything he considers harmful to protecting and developing the seashore, or (2) fails to guarantee he'll be told about any variance or exception granted under it. (e) Termination of suspension of authority: This covers property (including improved property, but not undeveloped Dune District land) where the Secretary's power to condemn has been suspended because of an approved ordinance. If, after October 17, 1984, that property (1) gets a variance or somehow becomes an exception to the approved ordinance, and (2) that variance or exception causes, or will cause, the property to be used in a way that breaks the Secretary's standards in effect at the time — then the suspension automatically ends, and the Secretary's power to condemn that property comes back. (f) Certificate of suspension of authority for acquisition by condemnation: On request, the Secretary must give anyone with an interest a certificate showing which properties have condemnation protection suspended. (g) Injunctive relief; termination: Regardless of any other provision, the Secretary — acting through the U.S. Attorney General — can ask the U.S. District Court for the Eastern District of New York for a restraining order or injunction to stop any use or construction on seashore property that (1) causes or is likely to cause significant harm to the seashore's natural resources, or (2) doesn't fit the purposes for which the seashore was created. Except in extraordinary circumstances the court decides justify more time, such an order or injunction cannot last more than 180 days. While it's in effect, the Secretary must negotiate in good faith with the property owner, so that once it ends, the harmful use stops or the resource damage is reduced.

the actual law source: uscode.house.gov ↗public domain

(a) Amendment; standards for approval of ordinances

In order to carry out the provisions of section 459e–1 of this title the Secretary shall issue regulations, which may be amended from time to time, specifying standards that are consistent with the purposes of sections 459e to 459e–9 of this title for zoning ordinances which must meet his approval.

(b) Commercial or industrial use prohibition; size, location or use restrictions for commercial, residential, and other structures; reconciliation of population density with protection of natural resources

The standards specified in such regulations shall have the object of (1) prohibiting new commercial or industrial uses, other than commercial or industrial uses which the Secretary considers are consistent with the purposes of sections 459e to 459e–9 of this title, of all property within the national seashore, and (2) promoting the protection and development for purposes of sections 459e to 459e–9 of this title of the land within the national seashore by means of limitations or restrictions on the size, location or use of any commercial, residential, and other structures. In accomplishing these objectives, such standards shall seek to reconcile the population density of the seashore on October 17, 1984, with the protection of the natural resources of the Seashore 1 consistent with the purposes for which it has been established as provided by sections 459e to 459e–9 of this title.

Following issuance of such regulations the Secretary shall approve any zoning ordinance or any amendment to any approved zoning ordinance submitted to him that conforms to the standards contained in the regulations in effect at the time of adoption of the ordinance or amendment. Such approval shall remain effective for so long as such ordinance or amendment remains in effect as approved.

(d) Adverse provisions and absence of notice for variance as requiring disapproval of ordinances

No zoning ordinance or amendment thereof shall be approved by the Secretary which (1) contains any provisions that he considers adverse to the protection and development, in accordance with the purposes of sections 459e to 459e–9 of this title, of the area comprising the national seashore; or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under, or any exception made to, the application of such ordinance or amendment.

(e) Termination of suspension of authority for acquisition by condemnation because of nonconforming variances and uses

In the case of any property, including improved property but excluding undeveloped property in the Dune district referred to in section 459e–1(g) of this title, with respect to which the Secretary’s authority to acquire by condemnation has been suspended under sections 459e to 459e–9 of this title if—

(1)

such property is, after October 17, 1984, made the subject of a variance under, or becomes for any reason an exception to, any applicable zoning ordinance approved under this section; and

(2)

such variance or exception results, or will result, in such property being used in a manner that fails to conform to any applicable standard contained in regulations of the Secretary issued pursuant to this section and in effect at the time such variance or exception took effect;

then the suspension of the Secretary’s authority to acquire such property by condemnation shall automatically cease.

(f) Certificate of suspension of authority for acquisition by condemnation

The Secretary shall furnish to any party in interest upon request a certificate indicating the property with respect to which the Secretary’s authority to acquire by condemnation is suspended.

(g) Injunctive relief; termination

Notwithstanding any other provision of sections 459e to 459e–9 of this title, the Secretary of the Interior, acting through the Attorney General of the United States, may apply to the United States District Court for the Eastern District of New York for a temporary restraining order or injunction to prohibit the use of, including construction upon, any property within the seashore in a manner that—

(1)

will cause or is likely to cause significant harm to the natural resources of the seashore, or

(2)

is inconsistent with the purposes for which the seashore was established.

Except to the extent the Court may deem necessary in extraordinary circumstances, no such order or injunction shall continue in effect for more than one hundred and eighty days. During the period of such order or injunction, the Secretary shall diligently and in good faith negotiate with the owner of the property to assure that following termination of the order or injunction, the inconsistent use is abated or the significant harm to the natural resources is mitigated.

Source credit: (Pub. L. 88–587, § 3, Sept. 11, 1964, 78 Stat. 930; Pub. L. 98–482, §§ 3–5, Oct. 17, 1984, 98 Stat. 2256.)

history & why it existsrecord from the source credit

1964Enacted · Pub. L. 88-587 · 78 Stat. 930
1984Amended · Pub. L. 98-482 · 98 Stat. 2256

A history note hasn’t been published yet. The record shows enactment by Pub. L. 88-587 on 1964-09-11.

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