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New York Consolidated Laws

N.Y. Town Law § 279 (2026)

Subdivision review; record of plats

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 279. Subdivision review; record of plats. 1. Filing of plat with
county clerk or register. (a) No plat of a subdivision of land showing
lots, blocks or sites, shall be filed or recorded in the office of the
county clerk or register until it has been approved by a planning board
which has been empowered to approve such plats. Further, such approval
must be endorsed in writing on the plat in such manner as the planning
board may designate.
  (b) Such endorsement shall stipulate that the plat does not conflict
with the county official map, where one exists, or, in cases where plats
do front on or have access to or are otherwise related to roads or
drainage systems shown on the county official map, that such plat has
been approved in the manner specified by subdivision two of section two
hundred thirty-nine-f of the general municipal law.
  2. Notification of filing. It shall be the duty of the county clerk or
register to notify the planning board in writing within three days of
the filing or recording of any plat approved by such planning board,
identifying such plat by its title, date of filing or recording, and
official file number.
  3. Effect of filing. After such plat is approved and filed, the
streets, highways and parks shown on such plat shall be and become a
part of the official map or plan of the town.
  4. Cession or dedication of streets, highways or parks. (a) All
streets, highways or parks shown on a filed or recorded plat are offered
for dedication to the public unless the owner of the affected land, or
the owner's agent, makes a notation on the plat to the contrary prior to
final plat approval. Any street, highway or park shown on a filed or
recorded plat shall be deemed to be private until such time as it has
been formally accepted by a resolution of the local legislative body, or
until it has been condemned by the town for use as a public street,
highway or park.
  (b) In the event that such approved plat is not filed or recorded
prior to the expiration date of the plat approval as provided in section
two hundred seventy-six of this article, then such offer of dedication
shall be deemed to be invalid, void and of no effect on and after such
expiration date.
Notes of Decisions
Cited in 3 cases, 2007–2017 · leading case: O'MARA v. Town of Wappinger, 879 N.E.2d 148 (N.Y. 2007).
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O'MARA v. Town of Wappinger, 879 N.E.2d 148 (N.Y. 2007). “, filed) with the County Clerk or Register until it is approved by a planning board and such approval is endorsed in writing on the plat in the manner designated by the planning board (see Town Law § 278 [now renumbered Town Law § 279 (1)]; § 276 [3]). Thus, the statutory scheme…”
Batti v. Town of Austerlitz, 71 A.D.3d 1260 (N.Y. App. Div. 3d Dep't 2010). “Batti and other affected property owners, respondent Town Board of the Town of Austerlitz formally accepted two roadways in the Bryarcliffe Estates subdivision in the Town of Austerlitz, Columbia County, after the developer abandoned the project and dissolved (see Town Law § 279…”
Town of Clifton Park v. Boni Builders, Inc., 156 A.D.3d 1035 (N.Y. App. Div. 3d Dep't 2017). “The paper street depicted on the subdivision map statutorily constitutes an offer of dedication for highway purposes (see Town Law § 279 [4]), and the dedication offer is not extinguished merely by the lapse of time in accepting the offer (see Town of Lake George v Landry, 96…”
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