N.Y. Comp. Codes R. & Regs. tit. 6 § 621.6

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

Section 621.6 - Departmental action on applications

(a) Applications must be submitted to the regional permit administrator listed in section 621.19 of this Part for a determination of completeness and initiation of review. For permit applications reviewed by the department's central office, applications must be submitted to the chief permit administrator for a determination of completeness and initiation of review.

(b) In reviewing an application for a permit, department staff ordinarily inspects the project site or facility and surrounding area to verify existing conditions, determine the accuracy of materials submitted in the application, assess impacts of a project on the environment in the immediate and surrounding area, and determine whether the project satisfies applicable permitting standards. During an inspection, among other things, measurements may be made, physical characteristics of the site may be analyzed, including but not limited to soils and vegetation, and photographs may be taken. Ordinarily, site visits will occur between 7 a.m. and 7 p.m. Monday through Friday. Unusual circumstances including (but not limited to) emergencies or disasters may require site inspections outside of these hours. Failure of an applicant, or the property owner if different than the applicant, to allow access to the site or facility can be grounds for, and may result in, the department deeming the application incomplete or permit denial.

(c) The department must mail notice of its determination of completeness or incompleteness to the applicant for:

(1) delegated permits: on or before 60 days after receipt of the application, except for minor modifications to Title V facility permits as described in Part 201 of this Title which shall follow the timeframe under paragraph (2) of this subdivision;

(2) all other permits: on or before 15 days after receipt of the application; and

(3) projects requiring both delegated and nondelegated permits: on or before 60 days after receipt of the application.

(d) If the application is determined to be incomplete, the notice must include a description of the deficiencies and a listing of all identified areas of incompleteness. Nothing in this section precludes the department from requesting additional information in accordance with Section 621.14(b) of this Part.

(e) Applications will remain incomplete until all requested items are received by the department. A partial submission of requested material does not change the incomplete status. Department staff must notify the applicant of the continued incomplete status of its application within the timeframes specified in subdivision (c) of this section.

(f) Failure of the applicant to respond in writing to the department's notice may result in the application being deemed withdrawn without prejudice pursuant to the procedures in paragraphs (1) and (2) of this subdivision.

(1) If an applicant fails to respond to a notice of incomplete application within one year, the department may mail a follow-up notice of incomplete application requesting the necessary items for a complete application or an explanation for the delay. The notice must state that the department will deem the application withdrawn for failure by the applicant to respond within 15 days of mailing or by a later date specified in the notice.

(2) If the department sends notification pursuant to paragraph (1) of this subdivision and the applicant fails to respond to the follow-up notice of incomplete application within 15 days of mailing or by the date specified in the notice, the department will deem the application withdrawn.

(g) When an application for a major project is determined to be complete, a Notice of Complete Application must be prepared. Notice requirements for content and publication are in section 621.7 of this Part.

(h) If the department fails to mail notice of its determination of completeness or incompleteness to the applicant within the time limit specified in subdivision (c) of this section, the application will be deemed complete. Nothing in this section waives any applicable statutory requirements of article 8 of the ECL (SEQR), article 14 of Parks, Recreation and Historic Preservation Law (New York State Historic Preservation Act of 1980) or precludes the department from requesting additional information in accordance with section 621.14(b) of this Part.

(i) If an application is resubmitted or the applicant submits a response to a notice of incomplete application, a new completeness review period of 15 days (60 days for delegated permits and those projects requiring both delegated and nondelegated permits) shall commence from the date of receipt by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 621.6

Amended New York State Register November 9, 2016/Volume XXXVIII, Issue 45, eff. 11/9/2016

Amended New York State Register September 27, 2023/Volume XLV, Issue 39, eff. 12/26/2023