N.Y. Comp. Codes R. & Regs. tit. 21 § 4050.7

Current through Register Vol. 46, No. 51, December 18, 2024

Section 4050.7 - Final EIS procedure

(a) If, after the completion of the draft EIS, the receipt of comments thereon and the close of the public hearing (if any) held thereon, the issuer determines that the proposed action of the issuer may have a significant effect upon the environment, the issuer shall prepare or cause to be prepared a final EIS, and cause said final EIS to be filed, in accordance with the provisions of 6 NYCRR 617.6 and 6 NYCRR 617.7(h) and (i). However, if the issuer requests an applicant to prepare a supplemental environmental impact report as provided in subdivision (d) of section 4050.5 of this Part, the issuer shall not commence preparation of the final EIS nor cause its preparation to be undertaken until a completed supplemental environmental impact report is received.

(b) Upon completion of the final EIS, the issuer shall prepare a notice of completion of a final EIS in the same form as is required for a notice of completion of a draft EIS pursuant to section 4050.6(b) of this Part (except that the notice will not contain the statement described in paragraph [4] of section 4050.6[6] of this Part,) and he issuer shall send and file said notices of completion of the final EIS in the same manner as is required for circulating and filing notices of completion of the draft EIS pursuant to section 4050.6(c) and (d) of this Part. Copies of the final EIS shall be filed in the same manner as is required for a draft EIS pursuant to section 4050.6 of this Part.

(c) The issuer shall maintain files open to public inspection at its principal office of all final EIS's and notices of completion for all final EIS's prepared at its request by an applicant or which it has prepared or caused to be prepared.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4050.7