The Matter of Town of Southampton v. New York State Department of , Environmental Conservation

Summary

The Court held that the statutory bar applies to applications for mining-permit renewals and modifications, not merely applications for new mines. However, the bar does not apply when the proposed mining falls within the scope of a recognized prior nonconforming use under local zoning law. Because no tribunal had determined the scope of Sand Land's prior nonconforming use, the Court modified the order and remitted for further proceedings.