Filed Date: 4/15/1976
Status: Precedential
Modified Date: 7/5/2016
HON. STEPHEN L. OPPENHEIM Village Attorney, Wurtsboro
This is in response to your recent letter wherein you request the opinion of the Attorney General as to whether a zoning local law enacted under Article 7 of the Village Law must be filed with the Secretary of State.
Article 7 of the Village Law deals with building zones. Section 7-700 thereof provides, in pertinent part, as follows:
"§ 7-700 Grant of power
"For the purpose of promoting the health, safety, morals, or the general welfare of the community, the board of trustees of a village is hereby empowered, by local law, to regulate and restrict the height, number of stories and size of buildings and other structures, * * * As a part of the comprehensive plan and design, the village board is empowered by local law, to regulate and restrict certain areas as national historic landmarks, special historic sites, places and buildings for the purpose of conservation, protection, enhancement and perpetuation of these places of natural heritage. * * *" (Emphasis supplied.)
Under the above statute, villages are required to enact zoning regulations only by means of local laws. Section
Under section
We conclude, therefore, that a zoning local law enacted pursuant to Article 7 of the Village Law must be filed with the Secretary of State.