Section 239-m N.Y. General Municipal Law requires the referral of certain proposed city, town, and village planning and zoning actions to a county planning agency or regional planning council. The proposed actions that must be referred range from the very broad, such as the adoption or amendment of a comprehensive plan,1 zoning ordinance, or local law, to the much narrower and more property specific, such as the issuance of special use permits, the approval of site plans, and the granting of use or area variances.2
In many instances, however, the required referral by the city, town, or village body responsible for final action is never made. Parties opposing a zoning change may seek to rely on the absence of a required referral as a basis for seeking to overturn the decision. But how long do such parties have to bring actions on that ground?
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