§459e–2 — Title 16 Conservation | U.S. Code

Summary

The Secretary of the Interior must create and update zoning rules for the national seashore. The rules must aim to stop new commercial or industrial uses unless the Secretary finds them suitable. The rules must also protect and guide the land by limiting the size, place, and use of buildings. The rules should try to keep the seashore’s population as it was on October 17, 1984, while protecting the natural resources. After the rules are issued, the Secretary must approve any local zoning law or change that follows the rules in effect when it was adopted. Approval stays valid as long as the law stays in effect. The Secretary cannot approve a law he thinks would harm the seashore’s protection or development goals or one that fails to let the Secretary know when a variance or exception (special permission) is granted. For properties (except undeveloped land in the Dune district) where the Secretary’s power to condemn was suspended, the law covers cases where, after October 17, 1984, a variance or exception makes the use fail to meet the Secretary’s standards in effect when it took effect. The Secretary must give a certificate on request showing which properties have suspended condemnation authority. The Secretary, through the Attorney General, may ask the U.S. District Court for the Eastern District of New York for a temporary order or injunction to stop use or building that would likely harm the seashore’s natural resources or its purposes.

Title 16, §459e–2

Conservation — Source: USLM XML via OLRC

(a)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)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 11 So in original. Probably should not be capitalized. consistent with the purposes for which it has been established as provided by sections 459e to 459e–9 of this title.

(c)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)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)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;

(f)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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (b). Pub. L. 98–482, § 4, substituted “by means of limitations or restrictions on the size, location or use of any commercial, residential, and other structures” for “by means of acreage, frontage, and setback requirements” and required that the standards seek to reconcile the population density of the seashore on Oct. 17, 1984, with the protection of the natural resources of the seashore. Subsec. (e). Pub. L. 98–482, § 3, designated part of existing provisions as pars. (1) and (2), made the provisions applicable to any property, and excluded undeveloped property in the Dune district. Subsec. (g). Pub. L. 98–482, § 5, added subsec. (g).

§459e–2 Zoning regulations

Summary

Title 16, §459e–2

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata