N.Y. Comp. Codes R. & Regs. tit. 9 § 576.9

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

Section 576.9 - Amendment of variances

(a) The holder of an agency variance may file with the agency a written request for amendment.

(b) The deputy director-regulatory programs shall have authority to determine whether a request to amend a variance involves a material change in variance conditions, the applicable law, environmental conditions or technology since the date of issuance of the variance, and to issue an amended variance for, or deny, those requests that do not involve a material change. The deputy director-regulatory programs may require additional information pertaining to any amendment request, and any applicable time period shall not begin to run until such information has been provided.

(c) Any request to amend a variance which may involve a material change shall be treated as an application for a new variance, except that a request to amend a condition of a variance without any change in the project proposal, applicable law or environmental conditions or technology may be treated by the agency as a request for reconsideration and governed by section 572.22 of this Title. In the case of a request which is treated as a new application, the parties to any public hearing previously held on the variance shall be notified of such request.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 576.9