N.Y. Comp. Codes R. & Regs. tit. 9 § 2550.6

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

Section 2550.6 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

(a) Ennvironmental review of proposed actions. Within 15 calendar days after the receipt of a complete application and an adequate SEQR data sheet from an applicant, the division shall conduct an environmental analysis of the proposed action applying the criteria determined by the division and considering the lists of Type I and II actions in 6 NYCRR Part 617 and this Part. The division shall provide written notification to the applicant of its determination of whether the action may or will not have a significant effect on the environment.

(b) Environmental review of actions to be carried out or undertaken by the division. As early as possible in the formulation and design of an action to be carried out or undertaken directly by the division, the division shall conduct an environmental analysis of the proposed action to determine whether the action may or will not have a significant effect on the environment, applying the criteria determined by the division and considering the lists of Type I and II actions in 6 NYCRR Part 617 and in section 2550.15 of this Part.

(c) Determination of no significant effect--negative declarations. If the division determines that (1) the action is not an exempt action, a ministerial action or a Type II action and that (2) the action will not have a significant effect on the environment, it shall prepare, circulate, file and make available for public inspection a negative declaration as provided in subdivisions (h) and (i) of this section. In addition, it shall prepare, file and make available for public inspection in the central office of the division a statement setting forth the reasons supporting its determination.

(d) Determination of significant effect--notice of determination and preparation of draft EIS. If the division determines that (1) the action is not exempt action, a ministerial action or Type I action, (2) that the action may have significant effect on the environment and that (3) the action does not involve other agencies, the division shall immediately prepare and file a notice of determination as provided in subdivision (i) of this section. In the case of an action involving an applicant, the division shall immediately and in writing request the applicant to prepare a draft EIS. In the case of an action to be carried out or undertaken directly by the division and not involving an applicant the division shall prepare or cause to be prepared a draft EIS.

(e) If the division determines that (1) the action is not an exempt action, a ministerial action or a Type II action, (2) the action may have a significant effect on the environment and that (3) the action involves other agencies, the division shall immediately prepare and file a notice of determination as provided in subdivisions (h) and (i) of this section and shall immediately notify such other involved agencies, including Federal agencies, of its determination, request the coordination of reviews by the agencies, and inform them of the need to resolve which agency shall be the lead agency. If it is determined that the division is the lead agency, the procedures of subdivision (d) of this section relating to a request for a draft EIS and notification of the division shall be followed.

(f) When an applicant notifies the division in writing pursuant to subdivision (d) of this section that it declines to prepare the draft EIS, the applicant shall provide, on the request of the division, an environmental report to assist the division in preparing or causing to be prepared the draft EIS and such other information at any time as may be necessary for full compliance with this Part.

(g) If the division is not the lead agency for an action that may have a significant effect on the environment, it shall

(1) provide its views where appropriate and, to the extent practical, provide appropriate technical analysis and support;

(2) make written findings pursuant to 6 NYCRR 617.8.

(h) Contents of negative declarations and notices of determinations. All negative declarations and notices of determinations shall contain the following:

(1) an action identifying number or name;

(2) a brief description of action;

(3) the location of the action (county and city, town or village);

(4) in the case of a negative declaration, a statement that the division has determined that the action will not have a significant effect on the environment; and

(5) In the case of a notice of determination, a brief description of the possible significant effects of the action.

(i) Filing negative declarations and notices of determinations. All negative declarations and notices of determinations shall be filed as follows:

(1) with the Commissioner of Environmental Conservation;

(2) with the appropriate regional office of the Department of Environmental Conservation;

(3) at the central office of the division.

(4) with the other agencies involved.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2550.6