§ 459b-4. — Zoning regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC459b-4]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459b-4. Zoning regulations
(a) Standards for approval; submission to Congress and municipalities;
publication in Federal Register; approval of local bylaws;
revocation of approval
As soon after August 7, 1961, as may be practicable, the Secretary
shall issue regulations specifying standards for approval by him of
zoning bylaws for purposes of section 459b-3 of this title. The
Secretary may issue amended regulations specifying standards for
approval by him of zoning bylaws whenever he shall consider such amended
regulations to be desirable due to changed or unforeseen conditions.
All regulations and amended regulations proposed to be issued under
authority of the two preceding sentences of this subsection shall be
submitted to the Congress and to the towns named in section 459b of this
title at least ninety calendar days (which ninety days, however, shall
not include days on which either the House of Representatives or the
Senate is not in session because of an adjournment of more than three
calendar days to a day certain) before they become effective and the
Secretary shall, before promulgating any such proposed regulations or
amended regulations in final form, take due account of any suggestions
for their modification which he may receive during said ninety-day
period. All such regulations and amended regulations shall, both in
their proposed form and in their final form, be published in the Federal
Register.
The Secretary shall approve any zoning bylaw and any amendment to
any approved zoning bylaws submitted to him which conforms to the
standards contained in the regulations in effect at the time of the
adoption by the town of such bylaw or such amendment unless before the
time of adoption he has submitted to the Congress and the towns and
published in the Federal Register as aforesaid proposed amended
regulations with which the bylaw or amendment would not be in
conformity, in which case he may withhold his approval pending
completion of the review and final publication provided for in this
subsection and shall thereafter approve the bylaw or amendment only if
it is in conformity with the amended regulations in their final form.
Such approval shall not be withdrawn or revoked, nor shall its effect be
altered for purposes of section 459b-3 of this title by issuance of any
such amended regulations after the date of such approval, so long as
such bylaw or such amendment remains in effect as approved.
(b) Commercial and industrial use prohibition; acreage, frontage,
setback and miscellaneous requirements
The standards specified in such regulations and amended regulations
for approval of any zoning bylaw or zoning bylaw amendment shall
contribute to the effect of (1) prohibiting the commercial and
industrial use, other than any commercial or industrial use which is
permitted by the Secretary, of all property within the boundaries of the
seashore which is situated within the town adopting such bylaw; and (2)
promoting the preservation and development, in accordance with the
purposes of sections 459b to 459b-8 of this title, of the area
comprising the seashore, by means of acreage, frontage, and setback
requirements and other provisions which may be required by such
regulations to be included in a zoning bylaw consistent with the laws of
Massachusetts.
(c) Adverse provisions and absence of notice for variance as requiring
disapproval of local bylaws
No zoning bylaw or amendment of a zoning bylaw shall be approved by
the Secretary which (1) contains any provision which he may consider
adverse to the preservation and development, in accordance with the
purposes of sections 459b to 459b-8 of this title, of the area
comprising the seashore, or (2) fails to have the effect of providing
that the Secretary shall receive notice of any variance granted under
and any exception made to the application of such bylaw or amendment.
(d) Termination of suspension of authority for acquisition by
condemnation because of nonconforming variances and uses;
agreements concerning exercise of authority
If any improved property with respect to which the Secretary's
authority to acquire by condemnation has been suspended by reason of the
adoption and approval, in accordance with the foregoing provisions of
this section, of a zoning bylaw applicable to such property (hereinafter
referred to as ``such bylaw'')--
(1) is made the subject of a variance under or an exception to
such bylaw, which variance or exception fails to conform or is in
any manner opposed to or inconsistent with any applicable standard
contained in the regulations issued pursuant to this section and in
effect at the time of the passage of such bylaw, or
(2) is property upon or with respect to which there occurs any
use, commencing after the date of the publication by the Secretary
of such regulations, which fails to conform or is in any manner
opposed to or inconsistent with any applicable standard contained in
such regulations (but no use which is in conformity with the
provisions of such bylaw shall be held to fail to conform or be
opposed to or inconsistent with any such standard),
the Secretary may, at any time and in his discretion, terminate the
suspension of his authority to acquire such improved property by
condemnation: Provided, however, That the Secretary may agree with the
owner or owners of such property to refrain from the exercise of the
said authority during such time and upon such terms and conditions as
the Secretary may deem to be in the best interests of the development
and preservation of the seashore.
(Pub. L. 87-126, Sec. 5, Aug. 7, 1961, 75 Stat. 290.)
Section Referred to in Other Sections
This section is referred to in sections 459b-1 to 459b-3, 459b-5 to
459b-8 of this title.
