§ 819. Applicability.
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§ 819. Applicability. 1. No provision of this article shall be
construed to prohibit any local government from adopting and enforcing
land use and development controls for lands, other than those owned by
the state.
2. Any local land use program which has been validly enacted or
adopted by a municipality shall be valid and enforceable notwithstanding
its not having been approved by the agency, and any new land use or
development or subdivision of land shall be subject to the provisions of
such local land use program and to the shoreline restrictions contained
in section eight hundred six. If the agency has project review
jurisdiction over any such land use or development or subdivision of
land under section eight hundred nine, such land use, development or
subdivision shall, in addition to its being subject to the provisions of
any such local land use program, be subject to such agency jurisdiction.
The project sponsor may not undertake or continue such land use,
development or subdivision, however, or any part thereof,
notwithstanding the granting of a permit therefor by the agency, unless
such undertaking or continuance is also permitted by the municipality
under and in accordance with the provisions of its local land use
program.
3. No provision of this article shall be deemed to prohibit any land
use and development or subdivision of land existing prior to the
effective date of this article, including those uses and development and
subdivisions of land expressly not subject to agency review as provided
in section eight hundred eleven.
4. Nothing in this article shall be construed to empower the agency to
acquire any interest in real property by purchase or condemnation. No
right of first refusal or first option to purchase in favor of the
agency, the department of environmental conservation or any other state
agency shall in any way be created by this article or the land use and
development plan.
5. Nothing in this article shall be construed to supersede or replace
or diminish in any way any regulatory or review authority of any other
state agency.