Commonly-asked Questions

In the summer of 2006, the New York Legislature approved a bill to establish minimum training requirements for municipal planning and zoning officials. The new legislation calls for a minimum training standard of four hours annually for members of local planning boards, zoning boards of appeal and county planning boards.

1. Why was the law passed?

In New York state, cities, towns and villages have primary responsibility to regulate private land use through citizen planning boards and zoning boards. Their actions have a profound impact on state and local land use patterns and individual landowners.

Well-considered and timely decisions by municipal boards and commissions attract quality community development, and result in fewer lawsuits and lower costs for municipal liability insurance.

The new law promotes a minimum training standard for planning and zoning board members throughout the state at no or minimal fiscal impact, while allowing municipalities a wide latitude in the training opportunities they may authorize members to receive.

2. Who supported passage of the new law?

The new law received broad-based support from many organizations and individuals.

3. Wasn’t training already provided for by law prior to passage of the new law?

While individual municipalities could require training of planning and zoning board members, and some already do so, there was no uniform statutory training standard for municipal planning and zoning officials in New York.

4. When does the new law take effect?

The law takes effect on January 1, 2007.

5. Are there any exceptions in the new law?

A municipality with a population of one million or more is exempt from the requirements of the law.

A municipality may waive the four hour requirement, or part of it, by passing a resolution if, in its judgment, it is in its interest to do so.

6. Does the new law apply to county planning boards in charter counties?

It applies to such members if they are appointed by the county governing body.

7. Does the new law apply to alternate board members?

It applies to alternate board members as well as regular members.

8. What sort of training is required?

The type of acceptable training is left to the discretion of individual municipalities, and could even vary for individual board members. Training can provide either basic skills or can offer new and advanced planning and zoning approaches.

Training opportunities could include courses offered by a municipality (perhaps at regular board meetings, covering, for example, the newest laws), a regional or county planning office or commission, a state agency such as the Department of State, a state association like the Association of Towns, Conference of Mayors, or NY Planning Federation, or even a college or other similar entity.

A wide variety of formats may also be used, including traditional classroom training, conference sessions, video and distance learning or even self-study.

9. Who decides what type of training will be used?

The legislative body for each city, county, town or village approves a course or courses of training for its boards.

10. What happens if a municipal board member receives more than the required four hours of training in one year?

Training received in excess of four hours in any one year may be carried over into another year, at the discretion of the municipality.

11. What happens if a person serves on more than one planning or zoning board? Are they required to receive four hours of yearly training for each position?

Not under the new law. However, municipalities have the discretion to require training in excess of the four hour yearly minimum.

12. What happens if a municipal board member doesn’t meet the minimum training requirements established by a municipality?

Board members failing to receive training required by their municipality are ineligible for reappointment to their board.

13. Will more training programs be made available to municipalities?

Yes. New training programs are in the works now and will begin to be available at the start of 2007.