Municipal Referrals

New York State General Municipal Law Section 239 requires municipalities to refer certain projects and/or actions to Erie County for review. DEP reviews and makes a recommendation or provides comments on the project to the local board within 30 days. Please review sections 239-m and 239-n for more information on what should be forward for review.

Click here to view the Erie County 239 Referral Process

  • Section 239-m(1)(c): The term "full statement of such proposed action" shall mean all materials required by and submitted to the referring body as an application on a proposed action, including a completed environmental assessment form and all other materials required by such referring body in order to make its determination of significance pursuant to the state environmental quality review act under article eight of the environmental conservation law and its implementing regulations. When the proposed action referred is the adoption or amendment of a zoning ordinance or local law, "full statement of such proposed action" shall also include the complete text of the proposed ordinance or local law as well as all existing provisions to be affected thereby, if any, if not already in the possession of the county planning agency or regional planning council. Notwithstanding the foregoing provisions of this paragraph, any referring body may agree with the county planning agency or regional planning council as to what shall constitute a "full statement" for any or all of those proposed actions which said referring body is authorized to act upon.

Digital ZR1 form (recommended): Click here to download the ZR1 Referral Form 


NOTE: Only municipal representatives (such as municipal clerks, code enforcement officers, planners, attorneys, supervisors, engineers, etc.) may use these forms. Developers, residents, and any other applicant/proponent and/or their representative MUST contact the municipality directly for guidance.

The submission forms asks you to identify your municipality, enter contact information, and upload the relevant IR documents (including the ZR1 form - we recommend using the fillable PDF available for download). Files must be PDF formats. 

  • NEW - Confirm whether the project is subject to referral to DEP with the Municipal Referral Map
  • Provides 500' buffers from County and State Roads, Municipal Boundaries, County and State parcels, and agricultural districts
  • Find the relevant location by entering the address in the search bar, or use the drop pin (first button on the left under the search bar) to search by owner or SBL

Select your municipality:

Tips for submitting your IR online:

  • Finish filling out the ZR1 and gathering attachments before you begin to enter your information online.
  • All attachments must be submitted in PDF file formats only. If you attempt to attach an excel, or any other file type, the website will reject your submission
    • This website - can assist you in converting file types and/or reducing file sizes. 
    • Printing to PDF (try to print the file, but instead of selecting a printer, choose Adobe PDF/equivalent feature); this will "flatten" the file, making it simpler/smaller. Use a faster computer and/or faster internet, if possible.
  • Avoid website time out:
    • Refresh the site right before you begin entering information into the submission form.
    • Reduce the size of your files following the tips above
  • As a last resort, save all documents to the first directory that opens when uploading (when you hit "Choose File"), so you may submit the application before the website times out.
  • If you have attempted the steps above and are still unable to submit, please contact Mariely Ortiz at with a screenshot of the error so we may direct you to an alternative. Please include your municipality's name in the email subject. 
  • Agricultural DistrictsAccording to New York State Agriculture and Markets Law, when an applicant applies for a rezoning, special use permit, site plan approval, use variance, or subdivision of parcels within 500 feet of a farm operation in an agricultural district, the applicant is required to fill out an Agricultural Data Statement
05/26/2022 - 9:55 am