LOCAL LAW 3 SEQRA and EAF PART 1
Local Law #3 of the Year 2026:
A Local Law to Correct an Error in the Zoning Ordinance of the Town of Wilmington
Be it enacted by the Town Council of the Town of Wilmington as follows:
Section 1. Authority.
This local law is enacted under the authority granted by the General Municipal Home Rule law of the State of New York.
Section 2. Legislative Intent.
The Town of Wilmington’s Zoning Ordinance was adopted in 2013. In the years since, it has
become generally recognized that an error exists in Article IV of the Ordinance and that the use regulations governing “Forestry less than 50 acres” were transposed with those governing “Forestry more than 50 acres.”
The Town of Wilmington’s Planning Board has encouraged Wilmington’s town board to correct this error. This Local Law does so.
Section 3.
Article IV – Use Regulations of the Town’s Zoning Ordinance is hereby amended to read as
follows:
1) Forestry of less than 50 acres shall require a Special Use Permit in the Hamlet and
Moderate Intensity zoning districts, and shall be a permitted use in the Low Intensity,
Rural Use, and Resource Management zoning districts.
2) Forestry of more than 50 acres shall be a prohibited use in the Hamlet and Moderate
Intensity zoning districts, and shall require Site Plan Review and approval in the Low
Intensity, Rural Use, and Resource Management zoning districts.
Section 4.
The Town Board hereby declares its legislative intent to supersede any provision of the Zoning Ordinance of the Town of Wilmington, New York, that is inconsistent with the amendments adopted hereby.
If any local laws, or parts of any local laws, are inconsistent with any of the provisions of this local law, this local law shall control.
The Town’s forms, rules, and regulations shall, to the extent necessary, be updated to reflect this Local Law.
To the extent any provision of the Zoning Ordinance of the Town of Wilmington, New York, is inconsistent with this Local Law, this Local Law shall control.
Section 5. Effective date.
This local law shall take effect immediately upon filing in the office of the Secretary of State of the State of New York.