N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-2.10

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

Section 85-2.10 - Notice of application

(a) A filing shall be accompanied by proof of service of a copy of the filing on:

(1) each municipality in which any portion of the facility is to be located, both as primarily and alternatively proposed;

(2) the Commissioner of Environmental Conservation;

(3) the Commissioner of Economic Development;

(4) the Commissioner of Agriculture and Markets;

(5) the Secretary of State;

(6) each member of the New York State Legislature through whose district any part of the facility, as primarily or alternatively proposed, would pass;

(7) the Commissioner of Parks, Recreation and Historic Preservation;

(8) in the event any portion of the proposed facility is located within its jurisdiction, the St. Lawrence - Eastern Ontario Commission; and

(9) in the event any portion of the proposed facility is located within its geographical jurisdiction, the Department of Transportation, the Adirondack Park Agency, and any other State agency having authority over the location of any portion of the proposed facility.

(b) Service upon a municipality under paragraph (a)(1) of this section shall be addressed to the chief executive officer of the municipality and shall specify the date on or about which the filing is to be made.

(c) A filing shall be accompanied by a statement of the notice of the filing given to persons residing in municipalities on whom a copy of the filing is required to be served under paragraph (a)(1) of this section. An applicant shall, as minimum notice under this subdivision, publish once a week for two consecutive weeks prior to the filing, in a newspaper or newspapers of general circulation in all the areas through which the facility would pass, both as primarily and alternatively proposed:

(1) a brief description of the proposed facility;

(2) the location of the proposed right-of-way; and

(3) the date on or about which the filing will be made.

(d) The presiding officer shall serve the applicant with a list of those persons who, in addition to those listed in subdivision (a) of this section, have become parties to the proceeding as provided in section 85-2.11(b)(2) of this Subpart. The applicant shall, within 10 days of the date of service of said list, serve a copy of the filing on each such person, and file proof of service thereof with the secretary.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-2.10