Our firm represents many purchasers of vacant real property from out of the area. The pace of folks purchasing unimproved real property—often from the Boston, New York City/New Jersey or Philadelphia Metro areas—has only been increased since the COVID-19 pandemic arrived in full force in March of 2020. Plans for purchasers of vacant real property have varied greatly. Some purchasers have sought to build modest, single-family homes or their own “cabin in the woods.” Others have purchased property to start a business venture. Still others have purchased lots seeking subdivision approval for a development of single-family homes. Some have sought mixed use of their new properties.

Regardless of their plan for the purchased property, many out-of-area purchasers are surprised to learn that the APA can dictate what they do on the property that they purchase. This can be especially a surprise for many when they have done some research and recognized that there might be no zoning laws in the municipality in which the real property they are purchasing is located. The APA, established in 1971, has a mandate to protect the Adirondack Park and regulate its development. For many clients that we represent when purchasing property in the Adirondack Park who have plans for new projects, our advice is to file an APA Jurisdictional Inquiry Form, otherwise known as a “JIF,” to get some information about the property and any mandates, prohibitions or, in effect, hurdles that the property owner will need to jump through to accomplish their project. In some instances, the project as envisioned by the client is simply not feasible based on what the APA tells us after the response to a JIF. It is important for attorneys to build this into any contract as a contingency so that the very purpose that you are seeking to accomplish by purchasing the property is not frustrated.

Even when the APA weighs in, that may not be the end of the story. There are mechanisms to ultimately either challenge or ask for reconsideration of initial APA determinations. Just because your project meets hurdles in the beginning does not mean that it is completely dead in the water.

If you are purchasing vacant real property in the Adirondacks and seeking attorneys who are experienced in navigating APA mandates, please contact our firm.