N.Y. Comp. Codes R. & Regs. tit. 6 § 621.15

Current through Register Vol. 46, No. 51, December 18, 2024

Section 621.15 - Conceptual review

(a) A project sponsor may request the regional permit administrator to conduct a conceptual review of the substantive consistency of the project or any component thereof with current State environmental policy and standards at the time of submission of an application (which need not be complete) if:

(1) the project will involve a major land use (e.g., housing subdivision, planned unit development, new community, regional shopping center, manufacturing plant, office center, public or private institution such as schools, hospitals, civic centers, etc.);

(2) the expense of preparing detailed plans, specifications, and applications, without conceptual review, will constitute an undue burden on the project sponsor, considering the risks involved and the alternatives available; or

(3) in determining whether to grant conceptual review, the department shall give special consideration to cases involving projects which are likely to require multiple permits from the department, which will take place in phases over a period of time, or which involve factual determinations of a difficult issue or issues.

(b) A request for conceptual review must contain the following:

(1) a map of the county, showing the location of the proposed project, and a map or maps at a scale of 1" = 2,000' or larger showing the general layout of the proposed project and giving general depiction of existing site topography, water bodies and courses, roads, and character of vegetation;

(2) a statement generally describing the proposed project, including proposed plans for buildings, water and energy supplies, sewage disposal, drainage, solid waste disposal, roads and parking, and any planned alteration of water bodies, watercourses, site vegetation and site topography if known;

(3) a general statement of the applicant's timetable and financial plans for the carrying out of the proposed project;

(4) a general statement of any governmental financial aid, facilities, or other assistance which the potential applicant expects to be provided for the proposed project;

(5) an identification of all governmental agencies with jurisdiction over the project, and the extent of that jurisdiction if known; and

(6) where applicable, the public necessity to be met by the project.

(c) Within 30 days after receipt of a request for conceptual review, the department shall notify the applicant in writing whether the information furnished is sufficient for the purpose of commencing conceptual review. If additional information must be submitted, its sufficiency will be evaluated within a new 30-day period after it is received by the department.

(d) If the department decides that a conceptual review will be conducted, upon receipt of any required draft environmental impact statement, the department will publish a notice of commencement of conceptual review in the next available issue of the Environmental Notice Bulletin and by such other means as it deems appropriate. This notice must contain the items enumerated in section 621.7(b) of this Part.

(e) The department may require additional necessary information to be submitted at any time during the course of the conceptual review.

(f) Not more than 30 days after publication of the notice of commencement of conceptual review, the department will decide whether to hold a public comment hearing in accordance with section 621.8 of this Part, and will notify the applicant, in writing, of that decision.

(g) If an adjudicatory proceeding is held, it shall be governed by Part 624 of this Title.

(h) The department shall issue a post-conceptual review decision:

(1) in cases where no public comment hearing has been held, within 120 days after the notice of commencement of conceptual review has been published; or

(2) in cases where a public comment hearing has been held, within 60 days of the closing of the hearing record.

(i) The post-conceptual review decision shall contain the following:

(1) the department's decision whether, on the record compiled, the proposed project or the component or issue reviewed would be consistent with the environmental policy of the State as expressed in the Environmental Conservation Law. This shall take into account both the specific standards to be applied under the department's various relevant permit requirements, and the requirements of SEQR;

(2) a list of all department permits which appear to be required for the project, and a statement of the sequence in which the potential applicant should submit applications to the department for such permits; and

(3) a list of standards and conditions to avoid or mitigate adverse environmental impact, which the department intends to apply to the proposed project.

(j) The post-conceptual review decision is not a permit. It is intended to provide potential applicants with a binding decision from the department as to the general acceptability of a proposed project or any component or issue specified, the standards which will be applied to it and desirable design standards. Conceptual review does not relieve an applicant of the requirement of obtaining all permits otherwise necessary, prior to commencing a proposed project.

(k) Applications for such permits will be processed as expeditiously as possible. In cases where a generic environmental impact statement has been prepared on the overall project as part of conceptual review, any supplemental environmental impact statement that may be required shall deal only with site-specific issues identified by the department as not adequately addressed in the original environmental impact statement. In cases where a public comment hearing has been conducted as part of conceptual review, a further hearing shall be required only:

(1) if the department's post-conceptual review decision specified that a hearing would be held on a specific issue;

(2) if a significant change requiring a hearing is proposed in the project which was originally reviewed;

(3) if relevant significant new information becomes available;

(4) if applicable law or regulations have changed; or

(5) if it becomes apparent that the applicant may be unable to meet the conditions specified in the department's post-conceptual review decision or the requirements for a permit pursuant to section 621.3 or 621.4 of this Part.

(l) The post-conceptual review decision shall remain binding on the department and in effect as long as the proposed project continues to conform to the descriptions contained in the request for a conceptual review subject to the limitations in this Part concerning modifications.

(m) If, following post-conceptual review decision, the applicant proposes that the project be amended or modified, it shall immediately notify the department. The department shall decide whether the proposed changes are significant. If the modification to the project is not significant, an amendment to the post-conceptual review decision may be issued. If the proposed changes are significant, the review process and, if necessary, the hearing process may be reopened to review those modifications.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.15

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023