Filed Date: 8/20/1976
Status: Precedential
Modified Date: 7/5/2016
COUNTY LAW, §
Applicability of land use restrictions to a county solid waste disposal system.
Operation of a solid waste disposal system by a county is a governmental function. Town land use restrictions, if any, should be considered by the county in determination of the location thereof but any such restrictions are not binding upon the county. HON. MYRON C. DASCOMB County Attorney, Steuben County
We acknowledge receipt from Assistant County Attorney Kuhl of a letter stating that your county proposes to provide for the collection and disposition of solid wastes in the county pursuant to the provisions of County Law, §
County Law, §
"* * * In selecting a location for any solid waste disposal site, plant or facility the county legislative body shall take into consideration the present and any proposed land use character of the area of any proposed location and the zoning regulations, if any, applicable to such area."
In interpreting a similar statutory provision applicable to the New York State Environmental Facilities Corporation it was held in City of Rochester v. Town of Rush,
In our opinion, creation of a solid waste disposal system in your county and the location of the necessary waste disposal site, plant or facility in a town within the county constitute acts in the county's governmental capacity; the location of the disposal site, plant or facility is not subject to restrictions on land use imposed by the town and which would prevent the establishment and operation of the system, Nehrbas v. Lloyd Harbor,