239 Review
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What is 239 Review?
The term “239 Review” is used to refer to the process outlined in state law (GMU 12-B), whereby municipalities are required to refer certain specified actions to the county planning board for review and comment before they can take final action on the matter. The county is charged with issuing official comments that the municipality must review and consider in their local approval processes.
View the 239 Review Process StoryMap presentation or read the 239 Review Guide for Municipalities for more information.
When is 239 Review Required?
Certain actions trigger 239 Review. They are:
- adoption or amendment of a comprehensive plan
- adoption or amendment of a zoning ordinance or local law
- issuance of special use permits
- approval of site plans
- granting of use or area variances
- other authorizations which a referring body may issue under the provisions of any zoning ordinance or local law
These actions only trigger 239 Review if they affect property located within 500 feet of:
- the boundary of any city, village or town; or
- the boundary of any existing or proposed county or state park or any other recreation area; or
- the right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
- the existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
- the existing or proposed boundary of any county or state-owned land on which a public building or institution is situated; or
- the boundary of a farm operation located in an agricultural district, as defined by twenty-five-AA of the agricultural and markets law, except that this subparagraph shall not apply to the granting of area variances.
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The County is allowed thirty (30) days to review the submitted application and to return comments. The following items are required to be submitted:
- The 239 Review Submission Application is required for all 239 Review submissions.
- A full statement is required for all 239 Review submissions. Please include all local applications, plans and surveys, and environmental review forms/ studies. Pursuant to the law, a full statement includes, “All materials required by and submitted to the referring body as an application on a proposed action, including a completed environmental assessment form and all other materials required by such referring body in order to make its determination of significance pursuant to the state environmental quality review act under article eight of the environmental conservation law and its implementing regulations…”
- An Agricultural Data Statement is only required if the subject property is located within 500 feet of a farm operation located in an agricultural district. Please refer to our 239 Review mapper tool to determine if the subject property is located near an active Agricultural District.
How to Submit
- Electronic Submission (preferred): You can e-mail our Associate Planner, Luke Mazzotta, all required material.
- Mail or Hand-Delivery: You can either mail or deliver all required material to the Planning & Community Development Office, 46 E. Bridge St., Oswego NY 13126.