N.Y. Comp. Codes R. & Regs. tit. 6 § 645-5.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 645-5.6 - Determination to conduct a public hearing

(a) After the permit application for a project is complete and following the close of the public comment period, if required, the commission shall evaluate the application and any comments received on it to determine whether a public hearing should be held. If a hearing should be held, the applicant and all persons who have filed comments shall be notified by mail. The determination to hold a hearing shall be based upon: whether, in the commission's judgment, the application or public comments raise substantive and significant issues relating to any findings or determinations the commission is required to make pursuant to the ECL, article 43 or 71, title 33, or rules or regulations promulgated thereunder, including the reasonable likelihood that a permit applied for will be denied or can be granted only with major modifications to the project because the project, as proposed, may not meet statutory or regulatory criteria or standards. Where any comments received from members of the public or otherwise raise substantive and significant issues relating to the application, and the resolution of any such issue may result in denial of the permit application, or the imposition of significant conditions thereon, the commission shall hold a public hearing on the application.

(b) Mere expressions of general opposition to a project are insufficient grounds for holding a public hearing on a permit application. In order to raise substantive and significant issues, written comments expressing objection or opposition to an application must explain the basis of that opposition and identify the specific grounds which could lead the commission to deny or impose significant conditions on the permit.

(c) The commission will not usually require public hearings in connection with applications for minor projects, as defined in section 645-5.3 of this Subpart. If a permit for a minor project or any project that was not subject to a public hearing is denied, or is issued with significant conditions attached, the applicant may request that a public hearing be held. Such a request must be made within 15 calendar days of the date of denial or issuance of the permit with conditions.

(d) The hearing shall be held in accordance with the provisions of Subpart 645- 6 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 645-5.6