New York 2025-2026 Regular Session

New York Assembly Bill A05294

Introduced
2/12/25  
Refer
2/12/25  

Caption

Permits alternate members of certain planning boards and zoning boards of appeals for any reason the town board deems necessary pursuant to local law, rule, regulation or ordinance.

Summary

This bill amends the New York Town Law to expand when alternate members may be used on town planning boards and zoning boards of appeals. Under current law, alternates may substitute when a regular member has a conflict of interest; this bill would also allow substitution for “any other reason” that the town board authorizes by local law, rule, regulation, or ordinance. The bill applies both to the creation of alternate positions and to the chairperson’s authority to designate an alternate for a particular matter. The measure also makes clear that alternate members, once designated, have the same powers and responsibilities as the member they replace. In addition, all existing rules that apply to regular board members—such as training and continuing education, attendance, conflicts of interest, compensation, eligibility, vacancy, removal, and service on other boards—would apply to alternates as well. The act would take effect immediately.

Impact

The bill would amend Town Law sections 267 and 271, which govern zoning boards of appeals and planning boards in towns, respectively. Its practical effect is to give town boards broader discretion to define when alternates may serve, potentially improving board continuity, quorum management, and scheduling flexibility. It would not mandate alternate positions, but would authorize towns to create and use them more expansively through local law or ordinance, while preserving the same governance and ethics rules that apply to regular board members.

Sentiment

The available context suggests a generally practical and noncontroversial purpose: giving towns more flexibility to keep planning and zoning boards functioning when members are unavailable. The bill’s caption frames it as a permissive local-government administration measure, and there is no recorded committee transcript or vote history indicating opposition or debate. Overall, the sentiment appears neutral to favorable, with the bill presented as a procedural improvement rather than a policy shift.

Contention

The main point of potential contention is the breadth of the new substitution authority. By allowing alternates to serve not only for conflicts of interest but also for “any other reason” established by local law, rule, regulation, or ordinance, the bill gives town boards significant discretion that could be viewed as helpful flexibility or, alternatively, as too open-ended. Any concerns would likely center on local control, consistency in board membership, and whether expanded use of alternates could affect continuity or accountability in land-use decision-making.

Companion Bills

NY S01935

Same As Permits alternate members of certain planning boards and zoning boards of appeals for any reason the town board deems necessary pursuant to local law, rule, regulation or ordinance.

Previously Filed As

NY S01935

Permits alternate members of certain planning boards and zoning boards of appeals for any reason the town board deems necessary pursuant to local law, rule, regulation or ordinance.

NY A08834

Limits the authority of cities, villages and towns to impose certain zoning regulations, ordinances, or local laws which would have the effect of reducing the number or density of allowable housing units in the area subject to the regulations, ordinances, or local laws.

NY S08662

Limits the authority of cities, villages and towns to impose certain zoning regulations, ordinances, or local laws which would have the effect of reducing the number or density of allowable housing units in the area subject to the regulations, ordinances, or local laws.

NY A00476

Requires certain municipal planning boards and zoning boards of appeals to receive at least one hour of environmentally conscious planning training annually.

NH HB229

Repealing the alternative procedure for adoption of zoning ordinances.

NH HB92

Requiring recusal of members of zoning boards of adjustment and planning boards in certain circumstances.

RI H5794

Provides technical amendments to the chapters on subdivision of land and zoning ordinances for towns and cities.

MA H2300

Relative to local option for associate members of planning boards

RI S1086

Provides technical amendments to the chapters on subdivision of land and zoning ordinances for towns and cities.

NH HB1246

relative to planning board members serving on other local boards.

Similar Bills

No similar bills found.