State Preemption of Local Zoning in New York

What Is State Preemption?

State preemption occurs when a state law overrides local government ordinances in a specific area. In land use, preemption means a city or county cannot adopt zoning rules that are more restrictive than the state standard. If a city tries to prohibit something the state law permits, the state law wins.

New York has limited preemption in housing law. Local governments generally have broad authority to regulate land use within their jurisdictions, subject to state constitutional and statutory limits.

How Preemption Affects New York Cities

State preemption applies to every incorporated city and unincorporated area in New York. Select a city below to see how state preemption interacts with local zoning rules.