planning and land use laws are done locally. Across thecounty, municipalities regulate all oil and gas land uses thatdo not fall under the controls of eminent domain.
While head of the DEC’ mineral management section,Gregory Sovas wrote that :“DEC has consistently advocated a strengthenedand enhanced role for local governments in the review andcontrol of mining operations that can have significant,localized environmental impact, particularly with regard todust, noise, and traffic.”
A DEC Administrative Law judge wrote this in a June 16,1997 ruling on Amenia Sand & Gravel, Inc.:"Impacts on real property values is not a matter to beadjudicated at a DEC hearing. Local governments, throughtheir ability to regulate land uses by zoning, are the properagencies to deal with impacts to real estate values andconsequent impacts to a community's tax base...As amatter of home rule, it is the Town's prerogative andresponsibility to ensure compliance with its own laws. Itwould be inappropriate for the State Department of Environmental Conservation to attempt to usurp suchpowers from the Town. Even in instances where the DECapproves projects, such approvals are only indications thatthe proposals meet the requisite State standards to receivea permit. All DEC permits are conditioned on the basis thatan applicant must comply with any and all other applicablelaws and regulations, and that a DEC approval does notabsolve an applicant from making proper applicationand receiving whatever other approvals are applicable,whether at the federal or local government levels."
Gregory H. Sovas, “New Mined Land Amendments Provide Opportunities for LocalGovernments.” Talk of the Towns, Fall, 1991, pages 16 and 21.