New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter I - Rules Generally
Part 15 - Procedures For Implementation Of State Environmental Quality Review Act
Section 15.6 - Procedures for direct actions
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Should the proposed direct action of the department not be type II or excluded, the department will either:
In either case, if the action is in a coastal area, the provisions of 19 NYCRR Part 600 also apply and will be complied with by the department.
(b) If, based upon consideration of the completed environmental assessment and the criteria contained in section 15.11 of this Part, the department determines that its proposed direct action will not have a significant effect on the environment, the department shall prepare a formal determination to such effect and file it in accordance with section 15.10 of this Part. Upon such filing, the department may undertake such action and shall have no further obligation with respect to this Part.
(c) If, based upon its consideration of the environmental assessment, and the criteria contained in section 15.11 of this Part, the department determines that its proposed direct action may have a significant effect on the environment, the following shall apply:
(d)
(e) If, upon consideration of the DEIS, comments received thereon and the transcript of any hearing held, the department determines that the proposed direct action may have significant effect on the environment, the department shall prepare an FEIS in accordance with section 15.15 of this Part for the proposed direct action. No specific time limit is required for FEIS preparation, except that the department shall prepare the FEIS in as short a time as is possible for the preparation of an adequate FEIS.
(f) Upon completion of the FEIS for the proposed direct action of the department, the department shall prepare a notice of completion of the FEIS and shall file such notice and the FEIS, all in accordance with section 15.10 of this Part.
(g) A minimum commenting period of 10 days is required for all FEIS's.
(h) After the conclusion of the commenting period on the FEIS for the department's proposed action, the department may undertake such action, provided that the department has: