N.Y. Comp. Codes R. & Regs. tit. 9 § 2550.7

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

Section 2550.7 - Notices of completion of draft EIS's and circulating, filing and availability thereof; circulation, filing and availability of draft EIS's; public hearings and notices thereof

(a) Notices of completion of draft EIS's. Upon the completion of a draft EIS, the department shall immediately prepare, file and make available for public inspection a notice of completion as provided in paragraphs (1), (2) and (3) of this subdivision.

(1) Contents of notices of completion. All notices of completion shall contain the following:

(i) an action identifying number or name;

(ii) a brief description of the action;

(iii) the location of the action and its potential impacts and effects (county and city, town, village); and

(iv) a statement that comments on the draft EIS are requested and will be received and considered by the division at the SEQR implementation office of the division. The notice shall specify the public review and comment period on the draft EIS, which shall be for not less than 30 calendar days from the date of filing and circulation of the notice or not less than 10 calendar days following any public hearing on the draft EIS.

(2) Circulating notices of completion. All notices of completion shall be circulated to the following:

(i) all other agencies involved in the action;

(ii) all persons who have requested it;

(iii) the editor of the State Bulletin;

(iv) The State Clearing House;

(v) the appropriate regional clearinghouse designated under the Federal Office of Management and Budget circular A-95.

(3) Filing notices of completion. All notices of completion shall be filed and available for public inspection as follows:

(i) with the Commissioner of Environmental Conservation;

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

(iii) with the county clerk whose jurisdiction most closely coincides with the location of the action and its potential impacts and effects;

(iv) at the central office of the division.

(b) Filing and making available draft EIS's. All draft EIS's prepared by or at the request of the division shall be filed with and made available for public inspection as follows:

(1) with the Commissioner of Environmental Conservation;

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

(3) with the county clerk whose jurisdiction most closely coincides with the location of the action and its potential impacts and effects;

(4) at the central office of the division.

(c) Public hearings on draft EIS's and notices thereof.

(1) Upon the completion of a draft EIS, the division shall determine whether or not to conduct a public hearing on the draft EIS. In making this determination, the division shall consider the requirements for hearings specified by other statutes or regulations, the degree of interest in the action shown or anticipated on the part of the public or other agencies, the magnitude of the action and its effects, the extent to which a public hearing can aid the division's decision making by providing a forum for, or an efficient mechanism for the collection of, public comment. Wherever practicable a SEQR public hearing shall be made part of or held in conjunction with other public hearings on the action as may be conducted by the division or other agencies.

(2) If a hearing is to be held, notice thereof may be contained in the notice of completion or, if not so contained, shall be given in the same manner in which the notice of completion is sent, filed and circulated pursuant to subdivision (a) of this section. In either case the notice of hearing shall also be published at least 10 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the action.

(3) The hearing shall commence no less than 15 calendar days nor more than 60 calendar days after the filing of the draft EIS pursuant to subdivision (b), except as the agency may otherwise provide where it determines that additional time is necessary for public or other agency review of the draft EIS or where a different hearing date is required as appropriate under applicable statute or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2550.7