N.Y. Comp. Codes R. & Regs. tit. 21 § 2500.12

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2500.12 - Agency decision making

(a) No final decision to carry out or approve an action which may have a significant effect on the environment shall be made by the authority until after the filing and consideration of a final EIS. When the authority is the lead agency, its decision whether or not to approve or tentatively 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 authority 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 authority 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 considerations of authority policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

(c) No final authority decision to approve or disapprove an action that may have a significant effect on the environment and which involves an applicant shall be made until all required fees and/or other costs have been paid by the applicant to the authority.

(d) For public information purposes, a copy of the NOD-FAD shall be filed in the same manner as the draft EIS as prescribed in subdivision (b) of section 2500.7 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2500.12