[Code of Federal Regulations]
[Title 36, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR28.22]

[Page 250-251]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
      CHAPTER I--NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR
 
PART 28--FIRE ISLAND NATIONAL SEASHORE: ZONING STANDARDS--Table of Contents
 
               Subpart C--Federal Review and Condemnation
 
Sec. 28.22  Condemnation authority of the Secretary.

    (a) The Secretary has the authority to exercise powers of 
condemnation with respect to:
    (1) Private property within the 8-mile area between the eastern 
boundary of Davis Park and the western boundary of the Smith Point 
County Park;
    (2) Any beach or water and such adjoining land as the Secretary 
determines is necessary for access to the beach or water;
    (3) Any property for which the Certificate of Suspension of 
Authority for Acquisition by Condemnation has been revoked;
    (4) Any property, if the approval of the ordinance of the zoning 
authority has been revoked; partially revoked, or an exception was made 
to the Secretarial approval and such property fails to conform to these 
standards, or any property where the appropriate local zoning authority 
does not have an ordinance approved by the Secretary;
    (5) Any property built or altered after October 17, 1984 that does 
not conform to the regulations in this part 28;
    (6) Any property which becomes an exception to or has been granted a 
variance, exception, or special use permit after October 17, 1984 that 
fails or will fail to conform to the regulations in this part 28;
    (7) Any new commercial or industrial use that the Superintendent has 
determined does not conform with Sec. 28.20(a). A new commercial or 
industrial use is defined as any commercial or industrial use commenced 
after September 11, 1964. Any change in use of a commercial or 
industrial use including

[[Page 251]]

construction, expansion, or conversion of an existing structure, or 
change in type, location, mode, or manner of operation, constitutes a 
new commercial or industrial use;
    (8) Any property with respect to which the Secretary's authority to 
condemn was not suspended and the property failed to conform to the 
federal standards existing at the time of construction, modification, or 
commencement of a use, unless such construction, modification or use 
conforms to the current federal standards; and
    (9) Any property in violation of a local ordinance required by 
Sec. 28.12 (i) and (j).
    (b) Undeveloped property which is otherwise subject to condemnation 
under the Act is not subject to condemnation if it is located in the 
Dune District and is maintained in its natural state.
    (c) The Secretarial authority to condemn any property in the 
Seashore is suspended for any structure or use constructed, modified, or 
commenced prior to October 17, 1984 if:
    (1) It was built or conducted in conformity with local zoning 
ordinances and procedures in effect at the time of such construction or 
commencement or had been issued a variance under local law;
    (2) It was built or conducted in conformity to the federal standards 
existing at the time of such construction or commencement or to these 
standards; and
    (3) The local zoning ordinance is approved by the Secretary without 
exceptions, or if approved by the Secretary with exceptions, such 
exceptions are not pertinent or applicable to the property.
    (d) The above provisions shall not be interpreted to otherwise limit 
or circumscribe the authority of the Secretary to condemn property as 
provided by the Act, or other provisions of law.