N.Y. Comp. Codes R. & Regs. tit. 17 § 15.4

Current through Register Vol. 46, No. 51, December 18, 2024

Section 15.4 - Initial determinations

(a) The department shall determine whether its participation in a proposed project or physical activity constitutes a ministerial or exempt act. In such case, the participation of the department in such project or physical activity is not an action subject to this Part.

(b) The department shall determine whether its participation in the project or physical activity constitutes a direct action, funding or permit-granting. The policy-, regulation- and procedure-making of the department shall always constitute a direct action.

(c) If the proposed action is a direct action, the department shall determine whether or not the action is one which is a type II action, as listed in section 15.14 of this Part, and whether or not the action is one which is excluded. Should the proposed action be either type II or excluded, the department shall have no further obligation with respect to this Part for such action. Should such direct action not be type II or excluded, the procedures of section 15.6 of this Part shall apply.

(d) If the proposed action is an action which is funded or permitted, the department shall determine whether or not the action is a type II action, as listed in section 15.14 of this Part, or the type II list of the applicant agency (the applicant must be an agency with a type II list promulgated and established pursuant to the requirements of SEQR in order to reference the applicant's type II list), and whether or not such action is excluded. Along with any application, proposed or submitted, an applicant shall submit to the department information sufficient for the department to make such determination. Should the proposed action of the applicant be determined to be either type II or excluded, the department shall have no further obligation with respect to this Part for such action. Should such action not be type II or excluded, either:

(1) the procedures of section 15.7 of this Part shall be followed where the department is the lead agency pursuant to section 15.5 of this Part; or

(2) the procedures of section 15.8 of this Part shall be followed where the department is not the lead agency pursuant to section 15.5 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.4