State bills seek to override local zoning control

Twin bills, one in the New York State assembly and one in the state senate, seek to limit the ways local governments can restrict zoning in their jurisdictions. The bills, NY S00188 and A2586, will impose rules on what cities, towns and villages can do about lot sizes, housing density and other restrictions. 

At the April 15 town meeting, the town of Riverhead introduced a resolution opposing the bills, citing Municipal Home Rule and the broad powers it gives local governments to oversee their jurisdictions. 

The resolution states “the provisions of Town Law, Municipal Home Rule Law and the Statute of Local Governments confer upon the Town of Riverhead’s independent power to adopt zoning laws which are enacted to promote the health, safety, and general welfare of this community.” 

According to New York State’s Department of State website, home rule describes those governmental functions and activities traditionally reserved to or performed by local governments without undue infringement by the state. It refers to the constitutional and statutory powers given local governments to enact local legislation to carry out their responsibilities.

“Quite simply, the state should not have any say in local zoning and local law,” said Town Supervisor Tim Hubbard. “That’s why we have local laws, and that’s why all municipalities do their own zoning. If the state steps in, it could change things drastically for us.”

For cities and villages, the changes include a minimum lot size of no more than a 1,200 square feet, with an allowance of two-family dwellings on those lots, and special requirements of up to six-family dwellings for lots within a quarter mile of a LIRR station. 

Towns cannot have a minimum lot size of more than 5,000 square feet if the lot is connected to sewer and water, and cannot have a minimum lot size of 20,000 square feet in any area. This means that the minimum lot size for Riverhead would be less than a half-acre. Towns are not required to have the higher density housing around transit hubs under the new legislation.

Other local officials expressed similar concerns. When asked how the legislation would impact Southold Town, Supervisor Al Krupski stated that the infrastructure was not in place to support that level of growth and development.

“That sort of thing isn’t helpful, because the towns have the local zoning authority, period,” said supervisor Krupski. “All zoning should remain a local decision, as the State cannot address planning or impacts from a proposed development locally.”  

Mr. Hubbard also stated that the state should not decide how individual municipalities are set up.

“We’re trying to keep our community as rural as it can be. Once you start downsizing and saying you can build on a quarter acre or a half acre, you lose that ability,” said Mr. Hubbard. “That’s exactly why we are against this, and we don’t think the state should be zoning our town.”