N.Y. Comp. Codes R. & Regs. tit. 10 § 97.5

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

Section 97.5 - Responsibilities of applicants

(a) Applicants to the department for approval of proposed actions shall include in their application documents, an environmental assessment form (EAF) prepared in a manner prescribed by the department which describes and analyzes the environmental impacts of the proposed action, documentation showing the application pertains to a type II action which has not been subject to a final EIS, or other documentation showing the application pertains to a project not subject to this Part. The EAF or other documentation shall contain sufficient information for the department to determine if the action may have a significant effect on the environment. An initial notice of determination will be prepared by the department citing the results of its review. If, in the judgment of the department, the information provided in the EAF or other documentation is insufficient to complete an adequate review under the State Environmental Quality Review Act (SEQR), the applicant will be required to furnish additional information on the proposed action as it is deemed necessary for compliance with this Part. A draft EIS may be submitted in lieu of an EAF.

(b) Each application to the department shall include:

(1) an identification of those other agencies, including Federal agencies, which to the best knowledge of the applicant, have jurisdiction by law over the action or any portion of it;

(2) documentation that the applicant has made his proposal known to those agencies; and

(3) copies of preliminary approval and/or review.

(c) Where appropriate, an applicant may append to the EAF a concise statement of reasons why, in the judgment of the applicant, the proposed action is one which will not require the preparation of an EIS under SEQR.

(d) Applicants shall consider the environmental impacts of proposed actions and alternatives at the earliest possible point in their planning processes and shall develop, wherever possible, measures to mitigate or avoid adverse environmental impacts.

(e) No application for funding or other department approval of an action shall be complete until, the applicant provides the documentation required by this section and such other documentation as may be required by any statute or regulation pertaining to consideration of that action.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 97.5