§ 459e–2. Zoning regulations

817 words·~4 min read·/usc/title-16/section-459e-2

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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. 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. 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. 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— 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 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. 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. 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— will cause or is likely to cause significant harm to the natural resources of the seashore, or 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. ( Pub. L. 88–587, § 3 , Sept. 11, 1964 , 78 Stat. 930 ; Pub. L. 98–482 , §§ 3–5, Oct. 17, 1984 , 98 Stat. 2256 .)

Connections4 off-index

4 references not yet in our index

Pub. L. 88-587
78 Stat. 930
Pub. L. 98-482
98 Stat. 2256

Citation graph

cites case law

§ 459e–2

Zoning regulations

Pub. L.Pub. L. 88-587

Stat.78 Stat. 930

Pub. L.Pub. L. 98-482

Stat.98 Stat. 2256

Cites 4Cited by 0 across 0 sources