Sand Mining Hits Rock Bottom: LI’s Local Laws May Prohibit Future Operations
By EsqSocial Corporation 07/06/21
Last month, the Appellate Division, Third Department, held the Mined Land Reclamation Law (“Mining Law”), as amended, does not preempt certain local zoning laws which prohibit mining. Specifically, in Town of Southampton v New York State Dept. of Envtl. Conservation, 2021 NY Slip Op 03351 [3d Dept 2021], the Appellate Division held the statute “clearly recognizes that the local laws of the municipality are determinative as to whether an application [for mining] can be processed.”...
By: Farrell Fritz, P.C.