New York Consolidated Laws, Environmental Conservation Law - ENV § 27-1425. Change of use

1. At least sixty days before the start of physical alteration or construction constituting a change of use at a brownfield site or at least sixty days before a change of use at such site not involving any physical alteration or construction, as the case may be, the person or entity proposing to make a change of use shall provide written notification to the department.

2. No person shall engage in any activity at a brownfield site that is not consistent with restrictions placed upon the use of the property, or that will, or that reasonably is anticipated to: prevent or interfere significantly with a proposed, ongoing, or completed remedial program; or expose the public health or the environment to a significantly increased threat of harm or damage from such site. If the commissioner determines that a proposed change of use is prohibited pursuant to this section, he or she shall, within forty-five days after receipt of the complete notice required by this section, provide the person giving such notice with a written determination that such change of use will not be authorized, together with the reasons for such determination.

3. For the purposes of this section: