N.Y. Comp. Codes R. & Regs. tit. 9 § 2550.12

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2550.12 - Division decision making

(a) No decision to carry out or approve an action which may have a significant effect on the environment shall be made by the division until after the filing and consideration of a final EIS. When the division is the lead agency, its decision whether or not to approve an action which has been the subject of an EIS shall be made within 30 calendar days of the filing of a final EIS.

(b) When the division decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written decision:

(1) consistent with social, economic and other essential considerations of State policy, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent possible, including the effects disclosed in the relevant environmental impact statement, and

(2) consistent with social, economic and other essential considerations of State policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

(c) For public information purposes, a copy of the decision shall be filed immediately in the same manner as the draft EIS as prescribed in subdivision (b) of section 2550.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2550.12