N.Y. Comp. Codes R. & Regs. tit. 9 § 579.3

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

Section 579.3 - Procedures for review of state agency projects

(a) Any State agency proposing a State agency project shall file a notice of intent with the agency which shall:

(1) consist of a completed agency notice of intent form or be labelled Notice of Intent to Undertake Land Use or Development Within the Adirondack Park;

(2) be filed at the earliest time practicable in the planning of the project, and in any event prior to the submission of a formal budget request for the funding of the project;

(3) include all materials prepared by the State agency pursuant to the State Environmental Quality Review Act.

(b) Within 15 working days of the filing of a notice of intent, the agency shall determine whether the notice is complete. If the agency fails to make such determination within such 15-day period, the notice shall be deemed complete. If the agency determines the notice is incomplete, it shall provide the State agency a concise statement of the additional information that will be required. The submission of additional information shall commence a new 15-day period for agency determination of completeness.

(c) The notice of intent shall not be complete unless it contains the same information as would be required under Part 572 of these regulations for a project of the same nature and scope.

(d) Following an agency determination that the notice of intent is complete, the State agency shall not undertake the project for a period of 30 days. During this period, the agency shall make one of the following determinations:

(1) the project will not be inconsistent with the provisions of the Adirondack Park land use and development plan and the shoreline restrictions, and will not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the park, taking into account the economic and social benefits to be derived from the project;

(2) the project will not be inconsistent with the plan and will not have an undue adverse impact provided certain conditions are met; or

(3) the project might be inconsistent with the plan or may have an undue adverse impact. In making the determination as to undue adverse impact, the agency shall apply the development considerations as further defined by section 574.5 of these regulations.

(e) The agency determination pursuant to subdivision (d) of this section shall be provided the State agency prior to the end of the 30-day period. Unless, within 15 days of its receipt of the determination, the State agency reports, pursuant to section 579.4(a)(2)(i) of this Part that it will comply with the conditions set forth by the agency, an agency determination pursuant to paragraph (d)(2) of this section will convert to a paragraph (d)(3) determination.

(f) If the agency determines, pursuant to paragraph (d)(3) of this section, that the State agency project might be inconsistent with the provisions of the plan or may have an undue adverse resource impact, or if such a determination is reached pursuant to subdivision (e) of this section, it shall notify the State agency by mail that a public hearing will be commenced on the project within 30 days of the notice and, at the same time, shall issue an order not to undertake the project for up to 90 days following the commencement of the hearing.

(g) Public hearings on State agency projects shall be governed by the provisions of Part 580 of these regulations. The burden of proving that a project will not be inconsistent with the plan and will not have an undue adverse impact shall rest with the State agency.

(h) Within 90 days of the completion of a public hearing on a State agency project, the agency shall make one of the following determinations and transmit it to the State agency:

(1) the project will not be inconsistent with the provisions of the land use and development plan and the shoreline restrictions, and will not have an undue adverse impact upon the natural, scenic, aesthetic, ecological, wildlife, historic, recreational or open space resources of the park, taking into account the economic and social benefits to be derived from the project;

(2) the project will not be inconsistent with the plan and will not have an undue adverse impact, provided certain conditions are met; or

(3) the project will be inconsistent with the plan or will have an undue adverse impact.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 579.3