9 NYCRR Part 2550 - Executive Department

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Source version current through Sep 15, 2021

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9 NYCRR 2550.1 - Purpose

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

It is the purpose of the Division of Housing and Community Renewal to assist in the provision of decent housing and stimulate the improvement of New York State communities pursuant to article XVIII of the New York State Constitution. In meeting these objectives, the division seeks to strike a balance among competing goals and needs, including a determination to promote rational development and the preservation of our natural resources.

9 NYCRR 2550.2 - Applicability and effective date

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)With respect to actions directly undertaken by the Division of Housing and Community Renewal, the requirement of an environmental review pursuant to article 8 of the Environmental Conservation Law shall take effect on the first day of September, 1976.

(b)With respect to funding actions undertaken by the Division of Housing and Community Renewal, the requirement of an environmental review pursuant to article 8 of the Environmental Conservation Law shall take effect on the first day of June, 1977.

9 NYCRR 2550.3 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Actions other than exempt actions as defined in this section, are either direct actions or funding actions.

(b)Direct action means any activity directly undertaken by the division except an exempt action as defined in this section:

(1)physical projects such as construction or other activities directly undertaken by the division which change the use or appearance of any natural resource or a structure;

(2)planning activities such as site selection for other activities and the proposing, approval or disapproval of master or long range plans, zoning or other land use maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities;

(3)policy making activities, such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines.

(c)Funding action means any action supported in whole or in part through contracts, grants, subsidies, loans or other forms of funding assistance from one or more State agencies.

(d)Applicant means any person making an application or other request for division action.

(e)Agency shall mean any State department, agency, board, public benefit corporation, public authority or commission.

(f)Commissioner means the Commissioner of Housing and Community Renewal.

(g)Complete application means an application which, in the judgment of the division, contains sufficient information on which to make a decision whether or not to approve an application.

(h)Division means the Division of Housing and Community Renewal.

(i)Environment means the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character.

(j)Environmental analysis means a department evaluation of the environmental effects of an action, with particular attention to the same areas of environmental impacts as would be contained in an EIS. It is the means by which the division determines whether an action under consideration may or will not have a significant effect on the environment.

(k)Environment impact statement (EIS) means a written document prepared in accordance with 6 NYCRR 617.6 and this Part. An environmental impact statement may either be a “draft” or be “final”.

(l)Environmental report shall mean a written report submitted to the division by an applicant who has declined to prepare an EIS requested by the division. It contains an analysis of the environmental factors specified in 6 NYCRR 617.6 as they relate to the applicant's proposed action and such other information as may be necessary for compliance with 6 NYCRR Part 617 and this Part.

(m)Exempt action means any one of the following:

(1)Enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;

(2)Ministerial actions;

(3)Maintenance or repair involving no substantial changes in existing structure or facility;

(4)With respect to the requirements of subdivision 2 of section 8-0109 of article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under articles VII and VIII of the Public Service Law and the consideration of, grant or denial of any such certificate;

(5)With respect to the requirements of subdivision 2 of section 8-0109 of article 8 of the Environmental Conservation Law, actions subject to the jurisdiction of the Adirondack Park Agency pursuant to section 809 of the Executive Law including actions of the Adirondack Park Agency thereunder, and actions subject to the jurisdiction of local governments pursuant to section 808 of the Executive Law including actions of such local governments thereunder.

(6)Except as set forth in section 2550.10 of this Part, actions undertaken or approved prior to the date(s) specified in article 8 of the Environmental Conservation Law, as amended. An action shall be deemed to be undertaken or approved prior to such date(s) as certified by the division to the Director of the Budget, or if, in the case of an action involving Federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.

(7)Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources; and

(8)Actions of the Legislature of the State of New York or of any court.

(n)Ministerial action means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, although such law may require, in some degree, a construction of its language or intent.

(o)Negative declaration means a written statement prepared by the division after conducting an environmental review of an action which announces that the division has determined that the action will not have a significant effect on the environment.

(p)Notice of determination means a written statement prepared by the division after conducting an environmental analysis of an action which announces that the division has determined that the action may have a significant effect on the environment.

(q)Person means any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.

(r)SEQR data sheet means a written analysis submitted to the division by an applicant in a form prescribed by the division, or prepared by the division where there is no applicant, providing an identification and analysis of the environmental impact of proposed actions subject to the approval of the division.

(s)Type I action means action contained in either (1) 6 NYCRR 617.12 or (2) section 2550.15 of this Part that is listed as likely to require the preparation of an environmental impact statement.

(t)Type II action means an action listed in either 6 NYCRR 617.12 that the Commissioner of Environmental Conservation has found will not have a significant effect on the environment or (2) section 2550.15 of this Part that the division has determined will not have a significant effect on the environment.

(u)Typical associated effect means changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles.

9 NYCRR 2550.4 - General rule

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

No final division decision to carry out or approve an action shall be taken until there has been full compliance with the provisions of this Part.

9 NYCRR 2550.5 - Responsibilities of applicants

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Each applicant to the division shall prepare a SEQR data sheet at a prescribed point in the application process in a form prescribed by the division describing and analyzing the environmental impacts of the proposed action. The SEQR data sheet shall contain sufficient information for the division to conduct an environmental analysis to determine, pursuant to section 2550.6 of this Part, whether the action may or will not have a significant effect on the environment. If, in the judgment of the division 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.

(c)Where appropriate, an applicant may include in application documents a concise statement of reasons why, in the judgement 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.

9 NYCRR 2550.6 - Procedures prior to the preparation of draft EIS's; actions involving other agencies

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Ennvironmental review of proposed actions.

Within 15 calendar days after the receipt of a complete application and an adequate SEQR data sheet from an applicant, the division shall conduct an environmental analysis of the proposed action applying the criteria determined by the division and considering the lists of Type I and II actions in 6 NYCRR Part 617 and this Part. The division shall provide written notification to the applicant of its determination of whether the action may or will not have a significant effect on the environment.

(b)Environmental review of actions to be carried out or undertaken by the division.

As early as possible in the formulation and design of an action to be carried out or undertaken directly by the division, the division shall conduct an environmental analysis of the proposed action to determine whether the action may or will not have a significant effect on the environment, applying the criteria determined by the division and considering the lists of Type I and II actions in 6 NYCRR Part 617 and in section 2550.15 of this Part.

(c)Determination of no significant effect—negative declarations.

If the division determines that (1) the action is not an exempt action, a ministerial action or a Type II action and that (2) the action will not have a significant effect on the environment, it shall prepare, circulate, file and make available for public inspection a negative declaration as provided in subdivisions (h) and (i) of this section. In addition, it shall prepare, file and make available for public inspection in the central office of the division a statement setting forth the reasons supporting its determination.

(d)Determination of significant effect—notice of determination and preparation of draft EIS.

If the division determines that (1) the action is not exempt action, a ministerial action or Type I action, (2) that the action may have significant effect on the environment and that (3) the action does not involve other agencies, the division shall immediately prepare and file a notice of determination as provided in subdivision (i) of this section. In the case of an action involving an applicant, the division shall immediately and in writing request the applicant to prepare a draft EIS. In the case of an action to be carried out or undertaken directly by the division and not involving an applicant the division shall prepare or cause to be prepared a draft EIS.

(e)If the division determines that (1) the action is not an exempt action, a ministerial action or a Type II action, (2) the action may have a significant effect on the environment and that (3) the action involves other agencies, the division shall immediately prepare and file a notice of determination as provided in subdivisions (h) and (i) of this section and shall immediately notify such other involved agencies, including Federal agencies, of its determination, request the coordination of reviews by the agencies, and inform them of the need to resolve which agency shall be the lead agency. If it is determined that the division is the lead agency, the procedures of subdivision (d) of this section relating to a request for a draft EIS and notification of the division shall be followed.

(f)When an applicant notifies the division in writing pursuant to subdivision (d) of this section that it declines to prepare the draft EIS, the applicant shall provide, on the request of the division, an environmental report to assist the division in preparing or causing to be prepared the draft EIS and such other information at any time as may be necessary for full compliance with this Part.

(g)If the division is not the lead agency for an action that may have a significant effect on the environment, it shall

(1)provide its views where appropriate and, to the extent practical, provide appropriate technical analysis and support;

(2)make written findings pursuant to 6 NYCRR 617.8.

(h)Contents of negative declarations and notices of determinations.

All negative declarations and notices of determinations shall contain the following:

(1)an action identifying number or name;

(2)a brief description of action;

(3)the location of the action (county and city, town or village);

(4)in the case of a negative declaration, a statement that the division has determined that the action will not have a significant effect on the environment; and

(5)In the case of a notice of determination, a brief description of the possible significant effects of the action.

(i)Filing negative declarations and notices of determinations. All negative declarations and notices of determinations shall be filed as follows:

(1)with the Commissioner of Environmental Conservation;

(2)with the appropriate regional office of the Department of Environmental Conservation;

(3)at the central office of the division.

(4)with the other agencies involved.

9 NYCRR 2550.7 - Notices of completion of draft EIS's and circulating, filing and availability thereof; circulation, filing and availability of draft EIS's; public hearings and notices thereof

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Notices of completion of draft EIS's.

Upon the completion of a draft EIS, the department shall immediately prepare, file and make available for public inspection a notice of completion as provided in paragraphs (1), (2) and (3) of this subdivision.

(1)Contents of notices of completion.

All notices of completion shall contain the following:

(i)an action identifying number or name;

(ii)a brief description of the action;

(iii)the location of the action and its potential impacts and effects (county and city, town, village); and

(iv)a statement that comments on the draft EIS are requested and will be received and considered by the division at the SEQR implementation office of the division. The notice shall specify the public review and comment period on the draft EIS, which shall be for not less than 30 calendar days from the date of filing and circulation of the notice or not less than 10 calendar days following any public hearing on the draft EIS.

(2)Circulating notices of completion.

All notices of completion shall be circulated to the following:

(i)all other agencies involved in the action;

(ii)all persons who have requested it;

(iii)the editor of the State Bulletin;

(iv)The State Clearing House;

(v)the appropriate regional clearinghouse designated under the Federal Office of Management and Budget circular A-95.

(3)Filing notices of completion.

All notices of completion shall be filed and available for public inspection as follows:

(i)with the Commissioner of Environmental Conservation;

(ii)with the appropriate regional office of the Department of Environmental Conservation;

(iii)with the county clerk whose jurisdiction most closely coincides with the location of the action and its potential impacts and effects;

(iv)at the central office of the division.

(b)Filing and making available draft EIS's.

All draft EIS's prepared by or at the request of the division shall be filed with and made available for public inspection as follows:

(1)with the Commissioner of Environmental Conservation;

(2)with the appropriate regional office of the Department of Environmental Conservation;

(3)with the county clerk whose jurisdiction most closely coincides with the location of the action and its potential impacts and effects;

(4)at the central office of the division.

(c)Public hearings on draft EIS's and notices thereof.

(1)Upon the completion of a draft EIS, the division shall determine whether or not to conduct a public hearing on the draft EIS. In making this determination, the division shall consider the requirements for hearings specified by other statutes or regulations, the degree of interest in the action shown or anticipated on the part of the public or other agencies, the magnitude of the action and its effects, the extent to which a public hearing can aid the division's decision making by providing a forum for, or an efficient mechanism for the collection of, public comment. Wherever practicable a SEQR public hearing shall be made part of or held in conjunction with other public hearings on the action as may be conducted by the division or other agencies.

(2)If a hearing is to be held, notice thereof may be contained in the notice of completion or, if not so contained, shall be given in the same manner in which the notice of completion is sent, filed and circulated pursuant to subdivision (a) of this section. In either case the notice of hearing shall also be published at least 10 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impacts and effects of the action.

(3)The hearing shall commence no less than 15 calendar days nor more than 60 calendar days after the filing of the draft EIS pursuant to subdivision (b), except as the agency may otherwise provide where it determines that additional time is necessary for public or other agency review of the draft EIS or where a different hearing date is required as appropriate under applicable statute or regulation.

9 NYCRR 2550.8 - Final EIS procedures

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Except as provided in paragraphs (1) and (2) of this subdivision the division shall prepare or cause to be prepared a final EIS within 45 calendar days after the close of any hearing or within 60 calendar days after the filing of the draft EIS, whichever last occurs.

(1)If the proposed action has been withdrawn or if, on the basis of the draft EIS or a hearing, the division has determined that the action will not have a significant effect on the environment, no final EIS shall be prepared. In such case the division shall prepare, file and circulate a negative declaration or shall issue a notice of such withdrawal.

(2)The division may extend the last date for preparation of the final EIS (i) where it determines that additional time is necessary to complete the statement adequately, or (ii) to meet the requirements of other statutes or regulation, or (iii) where problems with the proposed action requiring material reconsideration or modification have been identified, or (iv) for other good cause.

(3)The final EIS shall reflect a revision and updating of the matters contained in the draft EIS in the light of further division review, comments received and the record of any hearing.

(b)Immediately upon the completion of a final EIS, the division shall prepare, file, circulate and make available for public inspection a notice of completion of a final EIS in the manner specified in subdivisions (a) and (b) of section 2550.7 of this Part, provided however, that the notice shall not contain the statement described in subparagraph (iv) of paragraph (1) of subdivision (a) of such section.

(c)Immediately upon completion of a final EIS, copies shall be filed and made available for review in the same manner as the draft EIS pursuant to subdivision (b) of section 2550.7 of this Part.

9 NYCRR 2550.9 - Actions involving Federal participation

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)If an action under consideration by the division may involve a “major Federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969,” then the procedures specified in this section shall be followed.

(b)In the case of an action for which there has duly been prepared under the National Environmental Policy Act of 1969, both a draft environmental impact statement and a final environmental impact statement, the division shall have no obligation to prepare a SEQR EIS or to make findings pursuant to section 2550.12 of this Part, provided that such environmental impact statements either contain or are supplemented by the matters described in paragraphs (7) and (8) of subdivision (d) of 6 NYCRR 617.6 relating to growth inducement and energy use and conservation.

(c)In the case of an action for which has been prepared a negative declaration or other written threshold determination that the action will not require a Federal impact statement under the National Environmental Policy Act of 1969, the division shall determine whether or not the action may have a significant effect on the environment pursuant to article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 and this Part and the action shall be fully subject to such law and rule and regulations.

9 NYCRR 2550.10 - Actions undertaken or approved prior to the effective date(s) of article 8 of the Environmental Conservation Law

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Except as provided in subdivision (b) of this section, no environmental impact statement shall be required for actions undertaken or approved prior to the effective date(s) of article 8 of the Environmental Conservation Law, as submitted to the Director of the Budget, and approved by the Commissioner of Environmental Conservation.

(b)If, after the effective date(s) of article 8 of the Environmental Conservation Law, the division proposes to modify an action undertaken or approved prior to such date(s), which modification may have a significant adverse effect on the environment, such modification shall be an action fully subject to this Part.

9 NYCRR 2550.11 - Contents of EIS's

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

All draft and final EIS's prepared by or at the request of the division shall contain the information specified in 6 NYCRR 617.6.

9 NYCRR 2550.12 - Division decision making

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)No decision to carry out or approve an action which may have a significant effect on the environment shall be made by the division until after the filing and consideration of a final EIS. When the division is the lead agency, its decision whether or not to approve an action which has been the subject of an EIS shall be made within 30 calendar days of the filing of a final EIS.

(b)When the division decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written decision:

(1)consistent with social, economic and other essential considerations of State policy, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent possible, including the effects disclosed in the relevant environmental impact statement, and

(2)consistent with social, economic and other essential considerations of State policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects.

(c)For public information purposes, a copy of the decision shall be filed immediately in the same manner as the draft EIS as prescribed in subdivision (b) of section 2550.7 of this Part.

9 NYCRR 2550.13 - Division filing of SEQR documents

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The division shall maintain files in the central office available for public inspection of all negative declarations, notices of determinations of significance, notices of completion of draft and final EIS, notices of public hearing, draft and final EIS's, and decisions it has prepared or caused to be prepared. Copies of these documents shall be available to the public at a cost not to exceed the cost of duplication.

9 NYCRR 2550.14 - Fees and costs

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The division shall establish fees and charges for all work pursuant to this Part based on costs consistent with law.

9 NYCRR 2550.15 - List of actions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)The purpose of this section is to simplify the task of determining whether or not a proposed action may have a significant effect on the environment by identifying actions or classes of actions that are likely to have a significant effect.

(b)Because of the complex and varied nature of actions, the lists in this section are not all inclusive. The omission from the lists of an action does not mean that it is exempt from this Part, nor does it mean that it is automatically an action requiring the preparation of an environmental impact statement. The criteria set forth in section 6 NYCRR 617.9 and this Part shall be used to determine significance with respect to actions not listed in this section.

(c)The following classification system is used in this section:

(1)Type I.

Actions or classes of actions that are likely to require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment.

(2)Type II.

Actions or classes of actions which have been determined not to have a significant effect on the environment and which do not require environmental impact statements or are exempt or ministerial action.

(d)

(1)The following are Type I actions:

(i)Community or site planning directly undertaken by the division.

(ii)A residential development outside any standard metropolitan statistical area as defined by the U.S. Census Bureau that includes 50 or more units in an unsewered area or 250 or more units in a sewered area or within a standard metropolitan statistical area that includes 50 or more units in an unsewered area or 2500 or more units in a sewered area.

(iii)Any facility, development or project which is to be directly located in one of the following critical areas:

(a)tidal wetlands as defined in article 25 of Environmental Conservation Law.

(b)fresh water wetlands as defined in article 24 of the Environmental Conservation Law.

(c)flood plains as defined in article 36 of the Environmental Conservation Law.

(d)wild, scenic and recreational rivers areas designated in title 27 of article 15 of the Environmental Conservation Law.

(iv)Any facility, development or project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places or in the Statewide Inventory of Historical and Cultural Resources.

(v)Amendments to urban renewal program activities.

(vi)Rules and regulations directly affecting the environment.

(2)The following are Type II actions or exempt actions:

(i)Actions taken pursuant to rent control statutes.

(ii)Actions taken pursuant to Emergency Tenant Protection Act statutes.

(iii)Routine administration and management of agency functions.

(iv)Operation, repair, maintenance or alteration of existing structures, land uses and equipment.

(v)Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 50 percent of the existing size, square footage or usage.

(vi)Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.

(vii)Research and information.

(viii)Capital grant low rent assistance.

(ix)Policy making activities, such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines which do not involve environmental considerations.

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