New York Real Estate Lawyer Blog
So, your next door neighbor wants to “legalize,” install, or expand an airport in New York, what do you do? Hire a lawyer, participate in the process and call your legislators because any installation of an “airport” in New York requires legislative approval from the legislative body of the municipality. That approval, together with the “positive declaration” of the New York State Department of Transportation might just mean that you are dealing with an airport in your back yard.
Specifically, the Gen Bus. L, Section 249, states:
(3). Approval of privately-owned airports. No person shall hereafter establish a privately-owned airport or make an airport improvement to an existing privately-owned airport except by authorization of the governing body of the city, village or town in which such airport or any part thereof is proposed to be established or improved. The governing body of a city, village or town shall not authorize the establishment of such an airport or an airport improvement at a requested location unless in accordance with the standards prescribed by the commissioner of transportation. The local governing body of a city, village or town shall, prior to granting such authorization, request the commissioner of transportation to determine whether or not the establishment of such a privately-owned airport improvement complies with his standards.
GBL, Section 249 (Emphasis supplied).
When considering that issue, the Town Board must look to its Comprehensive Master Plan to consider whether that use is appropriate for that particular location. After positive declarations are issued by the Town Board and the Aviation Department of the New York State Department of Transporation, the applicant must then go through site plan review, and all other land use boards.
Bottom line– vigilence is mandatory.