§ 459e-2. — 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: 16USC459e-2]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXIII--NATIONAL SEASHORE RECREATIONAL AREAS
Sec. 459e-2. Zoning regulations
(a) Amendment; standards for approval of ordinances
In order to carry out the provisions of section 459e-1 of this title
the Secretary shall issue regulations, which may be amended from time to
time, specifying standards that are consistent with the purposes of
sections 459e to 459e-9 of this title for zoning ordinances which must
meet his approval.
(b) Commercial or industrial use prohibition; size, location or use
restrictions for commercial, residential, and other structures;
reconciliation of population density with protection of natural
resources
The standards specified in such regulations shall have the object of
(1) prohibiting new commercial or industrial uses, other than commercial
or industrial uses which the Secretary considers are consistent with the
purposes of sections 459e to 459e-9 of this title, of all property
within the national seashore, and (2) promoting the protection and
development for purposes of sections 459e to 459e-9 of this title of the
land within the national seashore by means of limitations or
restrictions on the size, location or use of any commercial,
residential, and other structures. In accomplishing these objectives,
such standards shall seek to reconcile the population density of the
seashore on October 17, 1984, with the protection of the natural
resources of the Seashore \1\ consistent with the purposes for which it
has been established as provided by sections 459e to 459e-9 of this
title.
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\1\ So in original. Probably should not be capitalized.
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(c) Approval of ordinances
Following issuance of such regulations the Secretary shall approve
any zoning ordinance or any amendment to any approved zoning ordinance
submitted to him that conforms to the standards contained in the
regulations in effect at the time of adoption of the ordinance or
amendment. Such approval shall remain effective for so long as such
ordinance or amendment remains in effect as approved.
(d) Adverse provisions and absence of notice for variance as requiring
disapproval of ordinances
No zoning ordinance or amendment thereof shall be approved by the
Secretary which (1) contains any provisions that he considers adverse to
the protection and development, in accordance with the purposes of
sections 459e to 459e-9 of this title, of the area comprising the
national seashore; or (2) fails to have the effect of providing that the
Secretary shall receive notice of any variance granted under, or any
exception made to, the application of such ordinance or amendment.
(e) Termination of suspension of authority for acquisition by
condemnation because of nonconforming variances and uses
In the case of any property, including improved property but
excluding undeveloped property in the Dune district referred to in
section 459e-1(g) of this title, with respect to which the Secretary's
authority to acquire by condemnation has been suspended under sections
459e to 459e-9 of this title if--
(1) such property is, after October 17, 1984, made the subject
of a variance under, or becomes for any reason an exception to, any
applicable zoning ordinance approved under this section; and
(2) such variance or exception results, or will result, in such
property being used in a manner that fails to conform to any
applicable standard contained in regulations of the Secretary issued
pursuant to this section and in effect at the time such variance or
exception took effect;
then the suspension of the Secretary's authority to acquire such
property by condemnation shall automatically cease.
(f) Certificate of suspension of authority for acquisition by
condemnation
The Secretary shall furnish to any party in interest upon request a
certificate indicating the property with respect to which the
Secretary's authority to acquire by condemnation is suspended.
(g) Injunctive relief; termination
Notwithstanding any other provision of sections 459e to 459e-9 of
this title, the Secretary of the Interior, acting through the Attorney
General of the United States, may apply to the United States District
Court for the Eastern District of New York for a temporary restraining
order or injunction to prohibit the use of, including construction upon,
any property within the seashore in a manner that--
(1) will cause or is likely to cause significant harm to the
natural resources of the seashore, or
(2) is inconsistent with the purposes for which the seashore was
established.
Except to the extent the Court may deem necessary in extraordinary
circumstances, no such order or injunction shall continue in effect for
more than one hundred and eighty days. During the period of such order
or injunction, the Secretary shall diligently and in good faith
negotiate with the owner of the property to assure that following
termination of the order or injunction, the inconsistent use is abated
or the significant harm to the natural resources is mitigated.
(Pub. L. 88-587, Sec. 3, Sept. 11, 1964, 78 Stat. 930; Pub. L. 98-482,
Secs. 3-5, Oct. 17, 1984, 98 Stat. 2256.)
Amendments
1984--Subsec. (b). Pub. L. 98-482, Sec. 4, substituted ``by means of
limitations or restrictions on the size, location or use of any
commercial, residential, and other structures'' for ``by means of
acreage, frontage, and setback requirements'' and required that the
standards seek to reconcile the population density of the seashore on
Oct. 17, 1984, with the protection of the natural resources of the
seashore.
Subsec. (e). Pub. L. 98-482, Sec. 3, designated part of existing
provisions as pars. (1) and (2), made the provisions applicable to any
property, and excluded undeveloped property in the Dune district.
Subsec. (g). Pub. L. 98-482, Sec. 5, added subsec. (g).
Section Referred to in Other Sections
This section is referred to in sections 459e-1, 459e-3, 459e-5,
459e-6, 459e-7, 459e-9 of this title.
