N.Y. Comp. Codes R. & Regs. tit. 6 § 502.8

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

Section 502.8 - Variance provisions for state agencies

(a) Variances to the provisions of this Part may be granted by the department in accord with this section. No project or activity which requires a variance to any provision of this Part shall be commenced unless the department grants a variance in accord with this section.

(b) Requests for variances to the provisions of this Part shall be submitted in writing to the department by the State agency requesting such variance. Any request for a variance pursuant to this section shall be filed, by the State agency requesting the variance, with the department at the earliest time practicable in the planning of the project or activity involved, and to the maximum extent possible prior to the submission of a formal budget request for the funding of said project or activity.

(c) The procedures for the submission of requests for variances under this section, time periods for department action thereon, provisions relating to minor projects, and notice and hearing requirements, shall be governed by the provisions of Part 621 of this Title. A copy of the department's decision shall be sent by mail to the State agency requesting the subject variance and to the director of the Division of the Budget.

(d) Variances shall not be issued by the department for any project or activity within any designated regulatory floodway if any increase in flood levels would result during the base flood discharge.

(e) Variances shall be issued by the department only upon:

(1) a showing of good and sufficient cause;

(2) a determination that the project will, consistent with social, economic and other essential considerations of State policy, be undertaken in accordance with the purposes of this Part to the maximum extent possible;

(3) a determination that the granting of a variance will not result in materially increased flood damages, add additional threats to public safety, result in extraordinary public expense, or create nuisances or cause victimization of the public; and

(4) a determination that the variance granted is the minimum necessary, considering flood hazard, to afford relief.

(f) The department may attach to any variance issued, pursuant to this section, such conditions as are necessary to insure that any action taken pursuant to said variance is consistent with the purposes and limitations of sections 502.4, 502.5 and 502.6 of this Part to the maximum extent possible.

(g) The department shall maintain a record of all variances issued pursuant to this section, including justification for their issuance, and report such variances annually to the administrator.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 502.8