Once a land use project is identified as development, as per NYS ECL Article 57, and requires either
a hardship waiver permit and/or other form of approval from the Central Pine Barrens Joint Planning and Policy Commission (as explained in the Project Review section of this website), the landowner, project sponsor or a landowner-designated representative will need to file an application with the Commission for review and approval.
Click to obtain application materials for projects in the Compatible Growth Area (CGA) or the Core Preservation Area (CPA). Click for more information on parcel location identification.
Applications to the Commission for development permits generally follow these steps:
1. Application is submitted and filed.
The application is completed and filed with the Commission. Applicants are encouraged to contact Commission staff at 631-288-1079 or by e-mail at landuse@pb.state.ny.uswith any questions about an application. There is no application fee, but applicants are required to pay the cost of the legal notice for any public hearing. Projects may also require other agency-specific applications to be filed with the respective agencies. The applicant is responsible for filing these applications. (Photo: Prickly Pear Cactus)
2. Application review by Commission staff.
The application is reviewed by Commission staff to ensure it is completed properly and sufficient information is provided. Requests will be made by staff for any missing information. The application will be reviewed pursuant to NYS Environmental Conservation Law Article 57, the Central Pine Barrens Comprehensive Land Use Plan and the State Environmental Quality Review Act (SEQRA).
3. Public Hearing.
A public hearing will be held by the Commission at its monthly meeting. Applicants are required to pay the cost of the legal notice for any public hearing, as noted above. A copy of the Commission’s policy regarding hearings on development applications can be found in our online document library under the category "development project applications".
4. Decision by the Commission.
A decision will be rendered by the Commission in accordance with statutory deadlines in NYS ECL Article 57.
The statutory provisions governing Core Preservation Area hardship permits are contained within ECL Article 57 Section 0121(10) and for the Compatible Growth Area in ECL Article 57 Section 0121(9).
Central Pine Barrens Comprehensive Land Use Plan Volume 1: Policies, Programs and Standards contains standards, guidelines, and review procedures for development projects and applications. These two chapters are most relevant to the process:
Chapter 4 of the land use plan contains the review procedures and jurisdiction over projects. This chapter includes land use plan provisions regarding both Core Preservation Area (CPA) and Compatible Growth Area (CGA) projects, including procedures, time periods and logistics, and the various categories of projects reviewed by the Commission. (Note: This is the current Chapter 4 that includes ministerial amendments effective on 07/19/24.)
Chapter 5 of the land use plan contains Standards and Guidelines for Land Use. This chapter describes the criteria used to review projects in the Compatible Growth Area and with which such projects should conform. (Note: This is the current Chapter 5 that includes ministerial amendments effective on 07/19/24.)
Please note there is a "Core Preservation Area residential nondevelopment ("roadfront") parcel list" which permits certain residential construction on specified parcels without a permit from the Commission. You will still need to obtain any applicable permits from the town, county or state.
To learn more about development project review in the Central Pine Barrens or to obtain hardship waiver application materials, statistics on prior development project decisions and non-development determinations, or to view current and prior litigation cases related to land use, visit our online document library and select the category "development project applications", "project decisions and statistics" and "project litigation", respectively. Projects that are currently under review by the Commission, along with their application materials and public hearing transcripts, can also be viewed in our online document library under the category "development project applications".
If you have any questions on how to complete a development project application or the project review process, please contact landuse@pb.state.ny.usor call 631-288-1079.
