New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXIX - Susquehanna River Basin Commission
Part 1806 - Review And Approval Of Projects
Standards for Review and Approval
Section 1806.21 - General standards
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1806.21
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A project shall not be detrimental to the proper conservation, development, management, or control of the water resources of the basin.
(b) The commission may modify and approve as modified, or may disapprove, a project if it determines that the project is not in the best interest of the conservation, development, management, or control of the basin's water resources, or is in conflict with the comprehensive plan.
(c) Disapprovals--other governmental jurisdictions.
(1) The commission
may suspend the review of any application under this Part if the project is
subject to the lawful jurisdiction of any member jurisdiction or any political
subdivision thereof, and such member jurisdiction or political subdivision has
disapproved or denied the project. Where such disapproval or denial is reversed
on appeal, the appeal is final, and the project sponsor provides the commission
with a certified copy of the decision, the commission shall resume its review
of the application. Where, however, an application has been suspended hereunder
for a period greater than three years, the commission may terminate its review.
Thereupon, the commission shall notify the project sponsor of such termination
and that the application fee paid by the project sponsor is forfeited. The
project sponsor may reactivate the terminated docket by reapplying to the
commission, providing evidence of its receipt of all necessary governmental
approvals and, at the discretion of the commission, submitting new or updated
information.
(2) The commission may
modify, suspend or revoke a previously granted approval if the project sponsor
fails to obtain or maintain the approval of a member jurisdiction or political
subdivision thereof having lawful jurisdiction over the project.
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