N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.5 - Procedures prior to the preparation of draft EIS's; actions involving other agencies
(a)
Environmental review of proposed actions of an applicant. Within 15 calendar
days after the receipt of a complete application and an adequate SEQR data
sheet from an applicant, the authority shall determine whether the proposed
action is an action subject to this Part and if so whether the proposed action
may or will not have a significant effect on the environment. The authority
shall provide written notification to the applicant of its determination of
whether the action may or will not have a significant effect on the
environment.
(b) Environmental
review of actions to be carried out or undertaken by the authority. As early as
possible in the formulation and design of an action to be carried out or
undertaken directly by the authority, the authority shall ascertain whether the
proposed action is subject to this Part and if so whether the action may or
will not have a significant effect on the environment.
(c) Determination of no significant
effect--negative declarations. If the authority determines that (1) the action
is not an exempt action, a ministerial action or a Type II action and that (2)
the action will not have a significant effect on the environment, it shall
prepare, circulate, file and make available for public inspection a negative
declaration as provided in subdivisions (h) and (i). In addition, it shall
prepare, file and make available for public inspection a statement setting
forth the reasons supporting its determination as may be required by State law
or regulation.
(d) Determination of
significant effect--notice of determination. If the authority determines that
(1) the action is not an exempt action, a ministerial action or a Type II
action, (2) that the action may have a significant effect on the environment
and that (3) the action does involve other agencies, the authority shall
immediately prepare and file a notice of determination as provided in
subdivisions (h) and (i) of this section, and in the case of an action
involving an applicant, immediately and in writing request the applicant to
prepare a draft EIS. As soon as possible thereafter, the applicant shall notify
the authority in writing whether it will prepare the draft EIS or whether it
wishes the authority to prepare it. The authority may prepare or cause to be
prepared a draft EIS for an action involving an applicant only when practicable
considering existing staff and resources and when the public interest will
thereby be served, but in no event shall it undertake or commence to undertake
the preparation of such draft EIS until the applicant shall have submitted a
completed environmental report analyzing in detail all factors required to be
considered in an EIS by law or by 6 NYCRR Part 617. In addition, the authority
may require an applicant to prepare a supplemental environmental report
responding in detail to any and all comments received by the authority with
respect to a draft EIS or at any hearing held on the proposed action involving
the applicant.
(e) If the authority
determines that (1) the action is not an exempt action, a ministerial action or
a Type II action, (2) the action may have a significant effect on the
environment and that (3) the action involves other agencies, the authority
shall immediately prepare and file a notice of determination as provided in
subdivisions (h) and (i) of this section and shall immediately notify such
other involved agencies, including Federal agencies, of its determination,
request the coordination of reviews by the agencies, and inform them of the
need to resolve which agency shall be the lead agency. If it is determined that
the authority is the lead agency, the procedures of subdivision (d) of this
section relating to a request for a draft EIS and notification of the authority
shall be followed.
(f) When an
applicant notifies the authority in writing pursuant to subdivision (d) of this
section that it declines to prepare the draft EIS, the applicant shall submit
an environmental report to assist the authority in preparing or causing to be
prepared the draft EIS and such other information at any time as may be
necessary for full compliance with this Part.
(g) If the authority is not the lead agency
for an action that may have a significant effect on the environment, it shall
(1) provide its views where appropriate and,
to the extent practical, provide appropriate technical analysis and
support;
(2) make written findings
pursuant to 6 NYCRR 617.8.
(h) Contents of negative declarations and
notices of determinations. All negative declarations and notices of
determinations shall contain the following:
(1) an action identifying number or
name;
(2) a brief description of
action;
(3) the location of the
action (county and city, town or village);
(4) in the case of a negative declaration, a
statement that the authority has determined that the action will not have a
significant effect on the environment; and
(5) in the case of a notice of determination,
a brief description of the possible significant effects of the
action.
(i) Filing
negative declarations and notices of determinations. All negative declarations
and notices of determinations shall be filed as follows:
(1) with the Commissioner of Environmental
Conservation;
(2) with the
appropriate regional office of the Department of Environmental
Conservation;
(3) at the office of
the authority.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.