Long Island subdivisions

The sale and development of real property on Long Island present many unique challenges that do not exist in other parts of the country or N.Y. state. Nowhere is this inimitable experience more evident than in the land subdivision process. What makes Long Island unique is the myriad of overlapping jurisdictions in land subdivisions. There exists an unusually complex web of regulations, which can vary dramatically from county to town to village, and in any given subdivision scenario, any or all of these jurisdictions may be involved. While subdivision decisions are generally made on the local level, "local" means different things depending on where your property is located. In Nassau County, the jurisdictional body is the County Planning Commission if you are in an unincorporated area in one of the three towns. If the property is situated in one of the county's 64 incorporated villages, or two cities, the village or city planning board will be making the decision. In addition, state law gives additional full jurisdiction to nearby municipalities under certain circumstances. Subdivision decisions in Suffolk County are made by the planning boards at the town level, and the County Dept. of Health weighs in heavily on issues relating to sewer availability and capacity. Both must sign off before the subdivision map can be filed in the county clerk's office. While the "filing of the map" may sound like a ministerial act, it includes multiple approvals. It is essential that experienced Long Island zoning counsel be consulted on all land deals and development matters to navigate the regulations and practices, and avoid potential obstacles causing extensive delays or even terminate a deal. Kathleen Deegan Dickson is a partner in the law firm of Forchelli Curto Crowe Deegan Schwartz Mineo and Cohen, Mineola, N.Y.