§ 85-721. Core Preservation Area.

The Core Preservation Area is designated by the Act to be preserved employing a strategy of governmental land acquisition, the transfer of development rights using conservation easements, gifts, land swaps, and donations. The Plan prohibits development within the Core Preservation Area. Under the Act, the Commission may grant hardship exemptions, and may waive strict compliance with the Plan upon a finding that such a waiver is necessary to alleviate a hardship.

A. 

Permitted uses.

(1) 

Allowable uses within the Core Preservation Area shall be limited to the following:

(a) 

Activities or uses which have been exempted as nondevelopment pursuant to the provisions of Article 57 of the Environmental Conservation Law and by §§ 85-718 through 85-726.

(b) 

Residual uses remaining after severance of development rights.

(c) 

Any existing, expanded or new agriculture or horticulture activity so long as such use and/or expansion of use does not result in any material alteration of native vegetation. The erection of agricultural buildings, including but not limited to barns, greenhouses and farm stands, required for the production of plants or animals, shall constitute an allowable use. If such activity involves material alteration of native vegetation, the use will require a hardship exemption from the Commission.

(2) 

Hardship exemption. Applicants may seek hardship exemptions from the Commission as provided for in Article 57 of the Environmental Conservation Law for those uses or activities which are otherwise prohibited.

B. 

Prohibited uses.

(1) 

The following uses are not permitted within the Core Preservation Area:

(a) 

Development which has not received a hardship exemption permit from the Commission; and

(b) 

Residual uses which are incompatible with the provisions of Article 57 of the Environmental Conservation Law.