Clarkstown Enacts Temporary Building Moratorium

For Immediate Release 

September 15, 2026

Clarkstown Enacts Temporary Building Moratorium 

New City, NY– Supervisor George Hoehmann and the Town Board enacted a six-month building moratorium at tonight’s Town Board meeting. The local law establishing a temporary moratorium includes restrictions on the approval of multifamily development, large scale subdivisions, and commercial/industrial development, such as AI data centers, which have the potential to negatively impact the Town’s transportation network, environment, and public safety.

The newly established pause on development stems from a number of recent events, including the completion of studies on roadway safety and infrastructure, and major policy changes made by the Town Board including the enactment of the Clarkstown Community Preservation Act. The Preservation Act requires an updated preservation plan to be developed and published by the town. During the moratorium period, a new Clarkstown Community Preservation Board will be appointed and will work with town staff to develop this critical plan. 

The town will also review infrastructure limitations and recommendations identified in the Routes 303 & 304 Safety and Sustainability Study, the Town-wide traffic signalization and safety study, other various studies of the Comprehensive Plan, and recent changes to the State Environmental Quality Review Act. 

This moratorium will allow the Town the time needed to amend land use regulations for responsible and controlled growth that will not unduly impact community services and infrastructure, preserve open space, and plan for a proper mix of residential and commercial development. Public input will be an important part of the process. To best ensure the needs of the community are addressed, the Town Planner will conduct a resident survey seeking input on zoning and development. This survey will be mailed and made available online.  

In the meantime, applicants will be prevented from seeking approvals before the town’s land use boards, protecting the public interest and welfare while amended zoning laws are adopted. The moratorium was set for a period of six months, as case law dictates the duration of a moratorium must be reasonable and limited to the time needed to draft or update comprehensive master plans or zoning laws. Excessively long or indefinite pauses can be challenged and invalidated by courts as unconstitutional “takings” or improper land-use restrictions. The moratorium may be extended by an additional period of up to six months by resolution of the Town Board upon finding of a need for such an extension. 

Small scale subdivisions, individual residential projects, and commercial/industrial projects under 5,000 square feet, which are unlikely to result in significant traffic impacts, as well as projects within the Nanuet Hamlet Center, which has already been studied for future transportation improvements and is the site of the Town’s only commuter rail station, are exempt from the moratorium. 

Supervisor George Hoehmann, on behalf of the entire Town Board stated, “The Town’s recent major policy actions, including the Community Preservation Act and the ability to purchase development rights, which were passed and signed into law at the state level, necessitate substantive changes to the Town’s zoning regulations. In order to provide a cushion needed to thoughtfully review and enact potential zoning changes and ensure that future development is consistent with the Town’s long-term planning goals, the Town Board has enacted a six-month building moratorium. It’s an opportunity to refine our vision for responsible growth while preserving open space, protecting our environment, and ensuring that our infrastructure and community services can support the development that takes place in Clarkstown.” 

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