N.Y. Comp. Codes R. & Regs. tit. 21 § 3050.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 3050.4 - Responsibilities of applicants

(a) Each applicant to the authority shall prepare a SEQR data sheet at a prescribed point in the application process in a form acceptable to the authority describing and analyzing the environmental impacts of the proposed action. The SEQR data sheet shall contain sufficient information for the authority to determine:

(1) pursuant to section 3050.5 of this Part, whether the action may or will not have a significant effect on the environment;

(2) whether the proposed action constitutes an exempt action;

(3) whether the proposed action is a ministerial action;

(4) whether the proposed action constitutes a Type II action.

If, in the judgment of the authority the information provided in the SEQR data sheet is insufficient to complete an adequate environmental analysis under SEQR, it may require the applicant to furnish additional information on the proposed action.

(b) Each SEQR data sheet shall include an identification of those other agencies, including Federal agencies, which to the best knowledge of the applicant, have jurisdiction by law over the action or any portion of it and whether or not the authority is the lead agency with respect to the proposed action.

(c) Where appropriate, an applicant may include in application documents a concise statement of reasons why, in the judgment of the applicant, the proposed action is one which will not require the preparation of an EIS.

(d) Applicants should consider the environmental impacts of proposed actions and alternatives at the earliest possible point in their planning processes and should develop, wherever possible, measures to mitigate or avoid adverse environmental impacts.

(e) The submission by the applicant of an application shall be deemed the contractual obligation of the applicant to pay all fees and costs allocable to such applicant as are allowable by this Part. No contract, grant, subsidy, loan or other form of funding actions shall be made, granted or issued by the authority until all fees and costs due under this Part from the applicant shall have been paid.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 3050.4