The Planning Department has a legal obligation to conduct reviews and render advisory opinions on land-use proposals covered under New York State General Municipal Law (GMU) Article 12-B, 239-l, 239-m, 239-n, and 239-nn. Here is the link to these sections: https://www.nysenate.gov/legislation/laws/GMU/A12-B
Broome County Guide to the 239 Review Process
This guide is for municipal officials who handle applications for use and area variances, site plan review, special use permits, and subdivisions. Officials who work on comprehensive plans, zoning adoption, amendments to zoning maps or zoning ordinances will also benefit from this guide.
The Broome County Department of Planning and Economic Development has prepared this guide to explain to local municipalities and applicants how the 239 Review process works in Broome County.
Broome County Guide to the 239 Review Process
239 Review Process FAQs
What is a 239 Review?
Section 239 l, m, n and nn of General Municipal Law (commonly called 239 Review) is a State law that requires local municipalities to send certain projects to County planning for review and comment. The intent of the law is to identify actions that might have intermunicipal and countywide impacts.
When are you required to submit a 239 Review?
Certain zoning and land use actions may trigger 239 Review. These are:
- If your municipality is adopting or amending its comprehensive plan
- If your municipality is adopting or amending its a zoning ordinance or zoning local law;
- If an applicant applies for a special use permit, site plan approval, use or area variance, or subdivision plat;
- Other proposed zoning actions
You only need to submit these actions to Broome County Planning for 239 Review if they take place within 500 feet of one or more of the following:
- boundary of any city, village or town; or
- boundary of any existing or proposed county or state park or any other recreation area; or
- right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
- 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
- existing or proposed boundary of any county or state owned land on which a public building or institution is situated; or
- boundary of a farm operation located in an agricultural district (unless it is an area variance, then you do not need to submit it for review).
How do actions get referred to Broome County Planning for 239 Review?
The applicant, usually a developer or property owner, submits an application to a municipal board, planner, code officer, town clerk, town engineer, municipal attorney or other staff person. If that staff person determines that the action is subject to 239 Review, they send a copy of the full application to Broome County Planning. This needs to happen before the local board takes final action on the action.
What to Submit?
In addition to the 239 Review form, the municipality must submit the following items to County Planning:
- All materials required by the municipality and submitted as part of the application
- A completed SEQRA form
- All other materials required by the municipality to make its determination of significance pursuant to the SEQRA
- For adoption or amendment of a zoning ordinance or zoning local law, the complete text of the proposed ordinance or local law and all existing affected provisions
Check the Municipal Guide to learn what is required to be submitted based on the action type.
How to submit the 239 Review?
To submit an action for 239 Review, municipal staff completes the 239 Review Fillable Submission Form. The form can be filled out online, downloaded and saved. Please submit the 239 Review Submission Form and full application electronically to assist in speeding up the Department's review process.
| Emailing Your Submission (Preferred Option) | Mailing Your Submission | Hand-delivering Your Submission |
| lora.zier@broomecountyny.gov |
Ms. Lora Zier, Senior Planner Edwin L. Crawford County Office Building, 5th Floor P.O. Box 1766 Binghamton, New York 13902 |
Deliver to the front desk of the Broome County Department of Planning and Economic Development, located on the 5th floor of the County Office Building. |
Questions or Comments
The municipality may also contact Broome County Planning to confirm whether the proposed action is subject to 239 Review. Contact Lora Zier by e-mail: lora.zier@broomecountyny.gov or telephone: (607) 778-2370.
