New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XIII - Waterfront Revitalization Of Coastal Areas And Inland Waterways › Part 600 - Policies And Procedures › Section 600.4 - Initial review of actions

Current through Register Vol. 46, No. 28, July 10, 2024
As early as possible in a State agency's formulation of an
				  action it proposes to undertake, or as soon as a State agency receives an
				  application for a funding or approval action, it shall determine whether the
				  action is located within the coastal area. For purposes of this Part, planning
				  or rulemaking actions which affect land or water in the coastal area shall be
				  deemed to be located therein. At the time it is determined that the action is
				  located within the coastal area the State agency shall follow the review
				  procedures set forth in this Part, including the completion of a coastal
				  assessment form (CAF) in a form prescribed by the Secretary. The CAF shall be
				  completed prior to the agency's determination of significance pursuant to SEQR
				  (6 NYCRR Part 617) so that it can then supplement other information used by
				  State agencies in making determinations of significance pursuant to such Part
				  617. If it is determined that an action will not have a significant effect on
				  the environment, the CAF is intended to assist State agencies in arriving at
				  their decision as to certification if required by this section. Where any
				  question on the CAF is answered yes, a brief and precise description of the
				  nature and extent of the action shall be provided on the CAF, and a copy of the
				  CAF forwarded to the Secretary; provided, however, this requirement does not
				  apply to permit actions unless such actions involve Federal review, funding, or
				  approval. For the purposes of complying with the requirements of Executive Law
				  article 42, State agencies shall meet the requirements of either subdivision
				  (a), (b) or (c) of this section, whichever applies.
(a) Where a determination is made pursuant to
				6 NYCRR Part 617 that an action may have a significant effect on the
				environment, the agency shall comply with the requirements of 6 NYCRR
				617.9(b)(5)(vi) and 617.11(e). Fulfilling such requirements constitutes a
				determination of consistency as required by Executive Law article 42.
(b) Where a determination is made pursuant to
				6 NYCRR Part 617, that an action will not have a significant effect on the
				environment, and where a State agency is undertaking a direct or funding
				action, other than rulemaking, the State agency, at the time of making its
				decision on the action shall file with the Secretary a certification that such
				action will not substantially hinder the achievement of any of the coastal
				policies set forth in section 600.5 or
				600.6 of this Part for actions
				within the Long Island Sound coastal area, and whenever practicable will
				advance one or more of such policies. If the action will substantially hinder
				the achievement of any policy, the agency shall instead certify that the
				following four requirements are satisfied:
(1) no reasonable alternatives exist which
				would permit the action to be taken in a manner which would not substantially
				hinder the achievement of such policy;
(2) the action taken will minimize all
				adverse effects on such policies to the maximum extent practicable;
(3) the action will advance one or more of
				the other coastal policies; and
(4)
				the action will result in an overriding regional or statewide public benefit.
Such certification shall constitute a determination of
				  consistency as required by Executive Law article 42.