239-m Exemption Update
Department of Planning & Community Development
175 Arsenal Street, Watertown, New York 13601
T: 315-785-3144 F: 315-785-5092 E: planning@jeffersoncountyny.gov
239-m Exemptions Update
New York State General Municipal Law §239-m requires certain planning and zoning actions located within 500 feet of specified features, such as county roads, municipal boundaries, and New York State certified agricultural districts, to be referred to the Jefferson County Planning Board for review and recommendation.
The purpose of the referral process is to provide a regional review of actions that may have intermunicipal or countywide implications. However, over time, many routine local actions have become subject to referral despite having little or no impact beyond the host municipality.
The Jefferson County Board of Legislators recently adopted an updated General Municipal Law §239-m Referral Exemption Framework with interested municipalities throughout Jefferson County.
The updated 2026 Exemption Framework is intended to address that issue by allowing municipalities and Jefferson County to mutually identify categories of actions that are primarily local in nature and therefore exempt from mandatory County Planning Board review. Examples include certain minor area variances, accessory structures, rooftop and/or non-commercial solar installations, EV charging stations, telecommunications equipment co-locations, temporary uses, and other routine local approvals.
Importantly, the framework does not eliminate review of projects with broader regional significance. Comprehensive plans, major zoning changes, all commercial renewable energy facilities, new telecommunications towers, airport compatibility matters, county and state highway access issues, and other actions with potential intermunicipal impacts remain subject to referral.
For the exemptions to take effect within your municipality, your governing board must adopt the reciprocal resolution in agreement with Jefferson County.
Below, you will find resources to assist your municipality with the authorization process.
We believe these updates will help streamline local review processes, reduce unnecessary administrative burdens, and allow the County Planning Board to focus its attention on projects with broader planning and development implications.
Should your municipality have any questions regarding the exemption framework or implementation process, please do not hesitate to contact our office. We would be happy to discuss the program in greater detail or attend a meeting if that would be helpful.
Thank you for your continued partnership and for your commitment to thoughtful land use planning throughout Jefferson County.
Sincerely,
Hartley Bonisteel Schweitzer, AICP
Director of Planning and Community Development
