NY Appellate Court Finds Application of Watershed Regulations to Subdivision Application Did Not Constitute a Taking


In 2005, the claimant acquired title to an undeveloped parcel of real property in the Village and Town of Monroe, in the RR 1.5 ac zoning district, for which permissible uses included, “Single Family detached dwellings on lots of 3 or more acres in size.” In 2006, the claimant applied for approval to develop the property by subdividing it into three lots and then constructing a single-family dwelling on each lot, and included installation of a septic system for each of the three dwellings. The property was located within the Lake Mombasha watershed, and was therefore subject to watershed protection regulations promulgated by the New York State Department of Health (“DOH”) pursuant to article 11 of the Public Health Law. These watershed regulations prohibited the placement of a subsurface sewage disposal system within 300 feet of Lake Mombasha. The claimant’s subdivision application was denied by the Town Planning Board in…

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