N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-2.5

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

Section 128-2.5 - Optional pre-application conference

(a) If a proposed regulated activity requires one or more department reviews or approvals, or the preparation of an environmental impact statement pursuant to the State Environmental Quality Review Act, the prospective applicant may request an optional pre-application conference with the appropriate department staff as a means of clarifying application procedures to be followed in order to comply with the requirements set forth in these rules and regulations.

(b) The request for a pre-application conference should be made at the earliest possible stage of the applicant's planning process. Such request shall be made in writing to the department representative for the area where the regulated activity is to be undertaken, as set forth in section 128-1.5 of this Part. A mutually agreed upon time and place shall be scheduled for the pre-application conference.

(c) In order to assist the prospective applicant, prior to the pre-application conference, the prospective applicant shall submit to the department representative the following information:

(1) a description of the proposed regulated activity, a site plan or sketch showing the location and topography of the area of the activity, identification of any existing structures at the location, and any engineering, construction or other plans which describe the methods to be used to meet the requirements of these rules and regulations;

(2) a statement of the prospective applicant's timetable and financial plans for carrying out the proposed regulated activity, if known;

(3) a statement of any governmental financial aid, facilities, or other assistance which the prospective applicant expects to be provided or plans to request for the regulated activity; and

(4) such other information as the department deems reasonably necessary.

(d) At the pre-application conference, the proposed project will be informally discussed. Based on information provided by the applicant, review and approval requirements will be identified and the applicant will be provided with guidance concerning the application and review process. Participation in the pre-application process shall not relieve an applicant from the requirements of obtaining all approvals otherwise necessary under these rules and regulations or any other law or rules and regulations, prior to commencing the regulated activity.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-2.5