N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-3.2

Current through Register Vol. 46, No. 43, October 23, 2024

Section 270-3.2 - Application factors: agency review

(a) Prior to making any grant in fee, lease, easement, permit or lesser interest in lands underwater, the Commissioner of General Services shall ascertain the probable effect of the use, structure or facility on the public interest in State-owned lands underwater and in consultation with the Department of Environmental Conservation (DEC), Department of State (DOS) and Office of Parks, Recreation and Historic Preservation (OPR&HP) or such other agencies or authorities as required by law, shall examine the following factors:

(1) environmental impact of the project;

(2) values for natural resource management, public recreation and commerce;

(3) size, character and effects of the project in relation to neighboring uses;

(4) potential for interference with navigation, public uses of waterway and riparian/littoral rights;

(5) water dependent nature of use;

(6) adverse economic impact on existing commercial enterprises;

(7) effect of the project on the natural resource interests of the State in the lands; and

(8) consistency with the public interest for purposes of fishing, bathing and access to navigable waters and the need of the owners of private property to safeguard their property.

(b) The commissioner may require the applicant to submit an environmental assessment form, including marine project information, indicating the purpose, scope and potential impacts of the project. The commissioner shall solicit the written comments of DEC, DOS and OPR&HP in their respective areas of expertise and give due regard to incorporating those comments in the review of the application and any plan of the use, structure or facility and shall incorporate into any grant, lease, easement, permit or lesser interest those conditions deemed necessary by the Department of Environmental Conservation to adequately protect the affected environment or natural resource. If the environment or natural resource cannot be protected as determined in findings by the Commissioner of Environmental Conservation, the proposed application shall be denied. Failure of the agencies to respond to the solicitation of comments within 45 days of the receipt of said solicitation shall constitute a waiver of review under section 75 (d)(i) of the Public Lands Law but shall not affect review authority of the solicited agency pursuant to any other applicable statute or regulation. The comment period may be extended by agreement between the commissioner and any of the reviewing agencies. In making any grant, lease, permit or other conveyance, the Commissioner of General Services shall, upon administrative findings, and to the extent practicable, reserve such interests or attach such conditions to preserve the public interest in use of State-owned lands underwater and waterways for navigation, commerce, fishing, bathing, recreation, environmental protection and access to the navigable waters of the State, with due regard for the need of affected owners of private property to safeguard their property.

(c) The commissioner will, to the extent practicable, coordinate the review of marine project applications with DEC, DOS and OPR&HP and integrate review of the listed application factors in the SEQRA process.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 270-3.2