News

            Wild river areas in the Adirondack Park Forest Preserve like the one encompassing the breathtaking Hudson River Gorge are entitled to special protection under the New York Constitution’s Forever Wild clause and the Wild, Scenic and Recreational Rivers System Act. When the State acquires new land in the Park and designates it as a wild river area, it is required to eliminate any prior nonconforming uses of the land and prohibit all motor vehicle [...]

In November 2018, the New York State Department of Environmental Conservation (NYSDEC) determined that their proposed changes to the Division of Environmental Permits Policy DEP-00-2 - Assessing and Mitigating Visual Impacts will not have a significant adverse impact.  NYSDEC determined to accept comments on proposed changes through December 28, 2018. The Program Policy revises its 19-year old policy and provides improved guidance to staff when evaluating visual and aesthetic impacts. The [...]

A Water of the United States (or WOTUS) is a stream or wetlands, among other occasionally “wet” natural features that will subject the development of your property to federal and State scrutiny by a veritable alphabet soup of agencies. These include but are not limited to the U.S. Army Corps of Engineers (USACE), the U.S. Environmental Protection Agency (USEPA), the United States Fish and Wildlife Service (USFWS) of the Department of the Interior, the NYS Department of Environmental [...]

Legislation amending the New York State Real Property Actions and Proceedings Law (Zombie Property Law) now provides New York municipalities with a new and effective enforcement tool to address blight and to prevent further devaluation of homes in their communities. This law is aimed at addressing the “zombie” property phenomena by requiring banks and lenders to take, among other things, timely pre-foreclosure action to identify, secure and maintain abandoned homes. A lender faces [...]

Whiteman Osterman & Hanna partner Robert A. Stout, Jr. was recently appointed Vice Chair of the American Bar Association's Land Use and Environmental Group, effective September 1, 2017 through August 31, 2018.  Robert is a partner with the Firm's Clean Tech, Environmental,  Municipal, Real Estate, and Real Estate Development, Zoning and Land Use practice groups.