N.Y. Comp. Codes R. & Regs. tit. 17 § 15.5

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

Section 15.5 - Lead agency determinations

(a) The department shall be lead agency in the following cases:

(1) for all proposed direct actions of the department;

(2) in all cases where the department is requested to fund the proposed action of an applicant, where such proposed action is a capital construction project for which the department will either prepare the project design or directly supervise its preparation, except in such cases where the applicant agency desires to be the lead agency and the department agrees; and

(3) in all cases where the department is requested to fund or permit the proposed action of an applicant which is not an agency for the purposes of this Part, and where there are no other agencies involved in such proposed action.

(b) The department will not be lead agency in the following cases:

(1) in all cases where the department is requested to fund or permit a proposed action of an applicant which is an agency for the purposes of this Part, where such proposed action is not a capital construction project for which the department will either prepare the project design or directly supervise its preparation (in these cases the lead agency will be the applicant or any other agency as is mutually agreed upon by the applicant and such other agency);

(2) in the case where the department is requested to construct, design, fund, permit or otherwise approve proposed transportation facilities or structures that are ancillary to a proposed nontransportation action and where there are one or more other agencies involved having greater overall funding, permit or review responsibility for the proposed action; and

(3) in the case where the department is requested to permit a proposed nontransportation action and where there are one or more agencies having greater overall funding, permit or review responsibility for the proposed action.

In unusual circumstances, the department may agree to be lead agency where it would not be under the provisions of this subdivision.

(c) In any case not covered by subdivisions (a) and (b) of this section, the lead agency shall be determined between the department and such other agencies as are involved. Criteria contained in 6 NYCRR Part 617 shall be used as a basis for such determination.

(d) A designation of lead agency by the Commissioner of Environmental Conservation, made in accordance with the procedures contained in 6 NYCRR Part 617, shall be determinative of the lead agency regardless of the provisions of subdivisions (a) through (c) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.5