N.Y. Comp. Codes R. & Regs. tit. 19 § 600.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 600.4 - Initial review of actions

As early as possible in a State agency's formulation of an action it proposes to undertake, or as soon as a State agency receives an application for a funding or approval action, it shall determine whether the action is located within the coastal area. For purposes of this Part, planning or rulemaking actions which affect land or water in the coastal area shall be deemed to be located therein. At the time it is determined that the action is located within the coastal area the State agency shall follow the review procedures set forth in this Part, including the completion of a coastal assessment form (CAF) in a form prescribed by the Secretary. The CAF shall be completed prior to the agency's determination of significance pursuant to SEQR (6 NYCRR Part 617) so that it can then supplement other information used by State agencies in making determinations of significance pursuant to such Part 617. If it is determined that an action will not have a significant effect on the environment, the CAF is intended to assist State agencies in arriving at their decision as to certification if required by this section. Where any question on the CAF is answered yes, a brief and precise description of the nature and extent of the action shall be provided on the CAF, and a copy of the CAF forwarded to the Secretary; provided, however, this requirement does not apply to permit actions unless such actions involve Federal review, funding, or approval. For the purposes of complying with the requirements of Executive Law article 42, State agencies shall meet the requirements of either subdivision (a), (b) or (c) of this section, whichever applies.

(a) Where a determination is made pursuant to 6 NYCRR Part 617 that an action may have a significant effect on the environment, the agency shall comply with the requirements of 6 NYCRR 617.9(b)(5)(vi) and 617.11(e). Fulfilling such requirements constitutes a determination of consistency as required by Executive Law article 42.

(b) Where a determination is made pursuant to 6 NYCRR Part 617, that an action will not have a significant effect on the environment, and where a State agency is undertaking a direct or funding action, other than rulemaking, the State agency, at the time of making its decision on the action shall file with the Secretary a certification that such action will not substantially hinder the achievement of any of the coastal policies set forth in section 600.5 or 600.6 of this Part for actions within the Long Island Sound coastal area, and whenever practicable will advance one or more of such policies. If the action will substantially hinder the achievement of any policy, the agency shall instead certify that the following four requirements are satisfied:

(1) no reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy;

(2) the action taken will minimize all adverse effects on such policies to the maximum extent practicable;

(3) the action will advance one or more of the other coastal policies; and

(4) the action will result in an overriding regional or statewide public benefit.

Such certification shall constitute a determination of consistency as required by Executive Law article 42.

(c) Where a determination is made pursuant to 6 NYCRR Part 617 that an action will not have a significant effect on the environment, and where the action is in the coastal area within the boundaries of an approved local Waterfront Revitalization Program area, and the action is one identified by the Secretary pursuant to section 916 (1)(a) of the Executive Law, a State agency shall submit, through appropriate existing clearing house procedures, information on the proposed action to the local government and, at the time of making its decision on the action, file with the Secretary a certification that the action will not substantially hinder the achievement of any of the policies and purposes of the applicable approved local Waterfront Revitalization Program and whenever practicable will advance one or more of such policies. If the action will substantially hinder the achievement of any policy or purpose of the applicable approved local Waterfront Revitalization Program, the State agency shall instead certify that the following three requirements are satisfied:

(1) no reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy or purpose;

(2) the action taken will minimize all adverse effects on the local policy and purpose to the maximum extent practicable; and

(3) the action will result in an overriding regional or statewide public benefit.

Such certification shall constitute a determination that the action is consistent to the maximum extent practicable with the approved local Waterfront Revitalization Program as required by Executive Law article 42.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 600.4