New York Consolidated Laws

N.Y. County Law § 216 (2026)

Location of county offices

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 216. Location of county offices. The board of supervisors shall have
power to select and change the site of any county office or building
within the county except as hereinafter provided. No site or location
for any county jail shall be selected or acquired by such board of
supervisors which shall not have been approved by the state commission
of correction. No courthouse, civil office of the sheriff, office of the
county clerk, county treasurer, clerk of the board of supervisors or
board of elections, now or hereafter located in a city or village, shall
be removed beyond the limits of such city or village without the
approval of a proposition therefor by the affirmative vote of a majority
of the qualified electors of the county voting thereon at a general or
special election. The clerk of the board of supervisors shall cause a
notice of such election to be published in the official newspapers once
a week for six weeks previous to such election; and shall on or before
the first day of publication cause such notice to be posted upon the
bulletin board at the office of each city and town clerk in the county.
The notice shall state the time of the election, the name of the office
or building and the proposed site thereof by a description in general
terms sufficient for readily identifying the proposed site.  The clerk
shall cause a certificate to be filed with the board of elections
stating the proposition to be submitted on or before the first
publication. Nothing herein shall be deemed to dispense with any
required approval of a site or building by any state officer or
department. In the event the board of supervisors proposes changing the
present site or sites, as the case may be, of two or more of the above
specified offices or buildings from their present site or sites, as the
case may be, to one site, such proposal may be contained in one
proposition without the necessity of allowing a separate vote on each of
the offices or buildings concerned, and in such case, the proposition
and the notice of such election shall state, as to each office or
building affected, the name of the office or building, the present
location thereof by reference to the city or village, as the case may
be, and the proposed site thereof by a description in general terms
sufficient for readily identifying the proposed site.
Notes of Decisions
Cited in 4 cases, 2013–2016 · leading case: Cnty. of Herkimer v. Vill. of Herkimer, 51 Misc. 3d 516 (N.Y. Sup. Ct. 2016).
Cnty. of Herkimer v. Vill. of Herkimer, 51 Misc. 3d 516 (N.Y. Sup. Ct. 2016). · cites it 2× “(See County Law § 216.) The Commission is charged with the authority of approving all new sites for correctional facilities as well as inspecting existing facilities for compliance with health and safety regulations.”
Cnty. of Herkimer v. Vill. of Herkimer, 109 A.D.3d 1166 (N.Y. App. Div. 4th Dep't 2013). “To the contrary, state legislation regarding the siting of county correctional facilities is limited to requiring Commission approval of a county’s site selection (see County Law § 216; Correction Law § 45 [10]).”
Cnty. of Herkimer v. Vill. of Herkimer, No. CA 12-02254 (N.Y. App. Div. 4th Dep't Sept. 27, 2013). “To the contrary, state legislation regarding the siting of county correctional facilities is limited to requiring Commission approval of a county’s site selection (see County Law § 216; Correction Law § 45 [10]).”
Cnty. of Herkimer v. Vill. of Herkimer, 109 A.D.3d 1166 (N.Y. App. Div. 4th Dep't 2013). “To the contrary, state legislation regarding the siting of county correctional facilities is limited to requiring Commission approval of a county’s site selection (see County Law § 216; Correction Law § 45 [10]).”
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