[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: 36CFR28.23]

[Page 251-252]
 
              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. 28.23  Certificates of suspension of authority for acquisition by 
condemnation.

    Upon approval of a local zoning ordinance, a private property owner 
may apply to the Superintendent for a Certificate of Suspension of 
Authority for Acquisition by Condemnation. Procedures for obtaining a 
certificate are as follows:
    (a) A property owner shall submit an application for a certificate 
to:

Superintendent,
Fire Island National Seashore,
120 Laurel Street,
Patchogue, New York 11772.

    (b) An application for a certificate shall contain:
    (1) A current survey of the lot showing the dimension of all 
buildings, accessory structures, garbage and bicycle racks, all access 
walks, and any extensions of the upper floors beyond the developed area 
on the ground level;
    (2) On the survey, the line of mean high water, the toe of the dune, 
and the crest of the dune shall be identified if they traverse the lot;
    (3) A floor plan of each floor of each building showing the 
configuration of all rooms and cooking facilities;
    (4) A vertical drawing of the structure showing actual ground level 
and building height; and
    (5) Copies of the original and all subsequent building permit 
applications and permits, certificates of occupancy, certified-as-
completed surveys, variances, special use permits, certificates of pre-
existing use, or other documents relating to local authorization to 
develop or use the property. The burden rests on the applicant to show 
that the structure conformed to local law at the time of construction 
and at the time of each subsequent alteration and that the structure 
conforms to current federal standards.
    (6) For commercial or industrial uses, the owner of the property 
shall submit further information describing the type, mode, and manner 
of operation. All local, county, state, or federal licenses and permits 
required for construction, occupancy, operation of the commercial 
activity shall be submitted. Any change in use as described in 
Sec. 28.10(a)(1)(iii) will require application for a new certificate.
    (c) Upon receipt of the application, the Superintendent shall 
conduct a site inspection of both the interior and exterior of the 
property.

[[Page 252]]

    (d) After review of the materials submitted by the applicant and 
other pertinent information, and completion of the site inspection, the 
Superintendent shall determine whether the Secretary's authority to 
acquire by condemnation is suspended, and if so, shall furnish to any 
eligible party in interest a Certificate of Suspension of Authority for 
Acquisition by Condemnation.
    (e) A Certificate of Suspension of Authority for Acquisition by 
Condemnation may be revoked at any time that the Secretary's authority 
to condemn is reinstated or that it becomes evident to the 
Superintendent that the Certificate was initially issued by mistake or 
on misinformation.