GML 239 Referrals

Pursuant to Section 239 - I, - m, and - n of New York State General Municipal Law, if a municipality has adopted zoning or subdivision regulations, any such non-ministerial zoning or subdivision action must be referred to this department for review, if such actions involve real property lying within 500 feet of the following:

• A municipal boundary;
• The right of way of an existing county or state road;
• The boundary of a county or state park or other recreation area;
• The boundary of any county or state owned property on which a public building or institution is located; or
• The boundary of a farm operation located within an Agricultural District, as defined by Article 25-AA of the Agricultural & Markets Law (excluding area variances)

Starting in 2016, these applications will now be accepted digitally.

Using the link below for the applicable county, the referring body will provide the same information as the paper referral form and attach the location map, site plan, environmental assessment forms or other information the municipal board requires in review of the application.

Oneida County Referrals

Herkimer County Referrals

Click on this link for the 239 application instructions (PDF) to submit a new application. Please call our office at 798-5710 or email 239apps@ocgov.net with any questions. Answers to commonly asked questions can be found in the Helpful Tips (PDF) and Referral Guide (PDF) documents.

• State Environmental Quality Review Act (SEQR) Forms
• Agricultural Data Statement Forms
  • Oneida County (PDF)
  • Herkimer County (PDF)