N.Y. Comp. Codes R. & Regs. tit. 10 § 97.17

Current through Register Vol. 46, No. 50, December 11, 2024

Section 97.17 - Programmatic or generic environmental impact statements

(a) A programmatic or generic environmental impact statement may be used to assess the environmental effects of:

(1) a number of separate actions in a given geographic area which, if considered singly may have minor effects, but if considered together may have significant effects;

(2) a sequence of actions, contemplated by a single agency or individual;

(3) separate actions having generic or common impacts; or

(4) programs or plans having wide application or restricting the range of future alternatives policies or projects.

(b) Generic or programmatic statements should set forth specific conditions or criteria under which future actions will be undertaken or approved, and shall include procedures and criteria for amendments or supplements to reflect impacts, such as site-specific impacts, which cannot be adequately addressed or analyzed in the initial statement. Such procedures shall include provision for public notice of amendments or supplements which allow for comment thereon in the same manner as was provided in respect to the original statement.

(c) When an individual action is proposed which was encompassed in a programmatic EIS and the action is to be carried out in conformance with the conditions discussed in the programmatic statement, a subsequent EIS should be prepared only if there are site-specific impacts to be addressed.

(d) In connection with projects that are to be developed in phases or stages, the department should address not only the site-specific impacts of the individual project under consideration, but also, in more general or conceptual terms, the cumulative effects on the environment and existing natural resource base of subsequent phases of a larger project or series of projects that may be developed in the future, and that are under the ownership or control of the same project sponsor. In these cases, this part of the EIS shall discuss the important elements and constraints present in the natural and man-made environment, that may bear on the conditions of an agency decision on the immediate project.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 97.17