16 USC 459e-2 - Zoning regulations

U.S Code last checked for updates: May 02, 2024

§ 459e–2.

Zoning regulations

(a)

Amendment; standards for approval of ordinances

(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

(c)

Approval of ordinances

(d)

Adverse provisions and absence of notice for variance as requiring disapproval of ordinances

(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

(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, § 3, Sept. 11, 1964, 78 Stat. 930; Pub. L. 98–482, §§ 3–5, Oct. 17, 1984, 98 Stat. 2256.)

cite as: 16 USC 459e-2