N.Y. Comp. Codes R. & Regs. tit. 17 § 15.1

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

Section 15.1 - Purpose and authority

(a) The purpose of this Part is to establish such additional procedures as are necessary for the implementation of the State environmental quality review act (SEQR) by the New York State Department of Transportation. In accordance with the authority contained in section 8-0113, subdivision 3 of ECL and 6 NYCRR 617.4, the procedures contained in this Part vary from those contained in 6 NYCRR Part 617. The purpose of this variance is to allow the department to establish a procedure for SEQR implementation which corresponds with, and is integrated into, procedures for compliance with the National Environmental Policy Act.

(b) Such coordination of procedures is directed by SEQR in section 8-0111 and is consistent with Council on Environmental Quality regulations implementing the National Environmental Policy Act which have an effective date of July 30, 1979 ( 40 CFR 1500 et seq.).

(c) The major differences between this Part and 6 NYCRR Part 617 are:

(1) lead agency determinations are made at an earlier time in the SEQR process; and

(2) all actions which are not type II actions are processed in the same manner (similar to type I under 6 NYCRR Part 617).

(d) These regulations are designed to be no less protective of the environment than 6 NYCRR Part 617.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.1