Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATIONChapter I - Rules Generally
Part 15 - Procedures For Implementation Of State Environmental Quality Review Act
Section 15.7 - Procedures for funding and permit-granting where the department is the lead agency

N.Y. Comp. Codes R. & Regs. tit. 17 § 15.7

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 15.7 - Procedures for funding and permit-granting where the department is the lead agency
(a) Should the proposed action of the applicant not be type II or excluded, the department will either:
(1) prepare an environmental assessment on the applicant's proposed action;
(2) request the applicant to prepare an environmental assessment on its proposed action; or
(3) commence procedures leading to the preparation of a DEIS or Federal DEIS pursuant to subdivision (c) of this section.

In any case, if the action is in a coastal area, the provisions of 19 NYCRR Part 600 may also apply and will, if applicable, be complied with by the department.

(b) If, based upon consideration of the completed environmental assessment and the criteria contained in section 15.11 of this Part, the department determines that the proposed action of the applicant will not have a significant effect on the environment, the department shall prepare a formal determination to such effect and file it in accordance with section 15.10 of this Part. Upon such filing, the department may fund such action or grant such permit, as the case may be, and shall have no further obligation with respect to this Part.
(c) If, based upon its consideration of the environmental assessment, and the criteria contained in section 15.11 of this Part, the department determines that the proposed action of the applicant may have a significant effect on the environment, the following shall apply:
(1) If the proposed action of the applicant is subject to the requirements of NEPA, the department shall follow those procedures necessary for its compliance with NEPA for major Federal actions significantly affecting the quality of the human environment. Upon completion of the Federal FEIS by the department or Federal agency as is appropriate under NEPA implementing regulations, the department shall have no further obligation with respect to this Part, provided that the department has:
(i) given consideration to the Federal FEIS; and
(ii) prepared a record of decision in accordance with section 15.9 of this Part.
(2) If the proposed action of the applicant is not subject to the requirements of NEPA for major Federal actions significantly affecting the quality of the human environment, the department shall prepare a formal determination that the proposed action of the applicant may have a significant effect on the environment and file such determination in accordance with section 15.10 of this Part.
(d) Upon the filing of a determination by the department that the proposed action of the applicant may have a significant effect on the environment, a DEIS shall be prepared. The department, with the cooperation of the applicant, shall undertake such scoping as is necessary. Where the department will either prepare or directly supervise the preparation of the design for the capital construction project of the applicant, the department shall prepare the DEIS unless the applicant desires to prepare the DEIS and the department agrees. In all other cases, the department shall notify the applicant to commence preparation of the DEIS in accordance with section 15.15 of this Part. Should the applicant decide not to prepare the DEIS, the department shall terminate its review of the applicant's proposed action. Under unusual circumstances, the department may prepare the DEIS for the applicant.
(e) When the applicant prepares the DEIS, the department shall review it and determine whether to accept it as satisfactory with respect to its scope, content and adequacy. Should the DEIS be acceptable, the department shall so notify the applicant. Should the DEIS submitted by the applicant not be acceptable, the department shall so notify the applicant and specify the deficiencies which render the DEIS inadequate. An applicant shall be given adequate time to cure any such deficiencies.
(f)
(1) Upon the submission of an adequate DEIS by the applicant or the completion of the DEIS by the department, the department shall prepare a notice of completion of the DEIS and shall file such notice and the DEIS, all in accordance with section 15.10 of this Part.
(2) In addition, the department shall determine whether or not to hold a hearing on the proposed action of the applicant, based upon the degree of interest shown by other persons and the extent to which a hearing can aid in the department's decisionmaking process by providing a forum for, or an efficient mechanism for the collection of, public comment. Should the department determine that a hearing should be held, it shall prepare, file and publish such notice, in accordance with section 15.10 of this Part, and hold such hearing.
(3) A minimum commenting period of 30 days is required for all DEIS's.
(4) If, upon consideration of the DEIS, comments received thereon and the transcript of any hearing held, the department determines that the proposed action of the applicant is one which will not have a significant effect on the environment, the department shall prepare a formal determination to such effect and file it in accordance with section 15.10 of this Part. Upon such filing, the department may fund such action or grant such permit, as the case may be, and shall have no further obligation with respect to this Part.
(g) If upon consideration of the DEIS, comments received thereon and the transcript of any hearing held, the department determines that the proposed action of the applicant is one which may have a significant effect on the environment, the department shall prepare the FEIS in accordance with section 15.15 of this Part for the applicant's proposed action. The department may require the applicant to provide such additional information and/or analysis as is necessary for the department to prepare the FEIS. No specific time limit is required for FEIS preparation, except that the department shall prepare the FEIS in as short a time as is possible for the preparation of an adequate FEIS.
(h) Upon completion of the FEIS for the proposed action of the applicant, the department shall prepare a notice of completion of the FEIS and shall file such notice and the FEIS, all in accordance with section 15.10 of this Part.
(i) A minimum commenting period of 10 days is required for all FEIS's.
(j) After the conclusion of the commenting period on the FEIS for the proposed action of the applicant, the department may fund such action or grant such permit, as the case may be, provided that the department has:
(1) given consideration to the FEIS; and
(2) prepared a record of decision in accordance with section 15.9 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.7