N.Y. Comp. Codes R. & Regs. tit. 21 § 1551.11

Current through Register Vol. 46, No. 39, September 25, 2024

Section 1551.11 - Decision making

(a) No decision to carry out or approve an action which may have a significant effect on the environment shall be made by the SUCF until after the filing and consideration of a final EIS. When SUCF is the lead agency, its decision whether or not to approve an action which has been the subject of an EIS shall be made within 30 calendar days of the filing of a final EIS.

(b) When SUCF decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written decision:

(1) consistent with social, economic and other essential considerations of State policy, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent possible, including the effects disclosed in the relevant environmental impact statement;

(2) consistent with social, economic and other considerations of State policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects by incorporating as conditions to the decision those mitigative measures which were identified as practicable;

(3) the action to be carried out or approved meets the requirements of this Part; and

(4) setting forth the facts and conclusions relied upon in the EIS supporting its decision, and indicating the social, economic and other factors and standards which formed the basis of its decision.

(c) For public information purposes, a copy of the decision shall be filed immediately in the same manner as the draft EIS as prescribed in section 1551.7(b) of this Part.

(d) SUCF shall maintain files available for public inspection of all negative declarations, notices of determinations of significance, notices of completion of draft and final EIS's and decisions it has prepared or caused to be prepared. Copies of draft and final EIS's shall be available to the public in accordance with the regulations of SUCF on public access to SUCF records contained in Part 1550 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 1551.11