New York Codes, Rules and Regulations (NYCRR)
Title 9 Part 8700
Executive Department
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9 NYCRR 8700.1 - Statement of purpose and applicability
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
The provisions of this Part apply to a proposed business undertaking, project, or activity which may involve a number of State agencies because of multiple permit requirements which may require substantial planning expense by the applicant or which will take place in stages over an extended period of time. It is intended to provide a procedure to enable business and government to work together efficiently. It will help ensure that the requirements for economic development in this State are addressed not only on a current basis but with a view towards enhancing effective planning for future growth. Although this Part applies to State permitting agencies, the appropriate Federal and local agencies may be notified and their involvement sought whenever feasible and practicable.
9 NYCRR 8700.2 - Definitions
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)Conceptual review means that process designed to provide the business person at an early stage of planning with an official opinion as to the general acceptability of their business undertaking, project or activity.
(b)Director means the Director of the Office of Business Permits.
(c)Permit means the whole or part of any State agency permit, license, certificate, approval, registration, charter or similar form of permission required by law or by State agency rules and regulations having the force and effect of law.
(d)Interested State agency means any department, board, bureau, commission, division, office, council or agency of the State, or a public authority at least one of whose members is appointed by the Governor, and who has indicated a potential interest in a business undertaking pursuant to subdivision 4 of section 881 of the Executive Law of the State of New York and Part 8600 of this Subchapter.
(e)Person means any individual, proprietorship, partnership, association, cooperative, corporation, nonprofit organization, State or local government agency, and any other organization required to obtain one or more permits.
(f)Applicant means any person acting on his behalf or authorized to act on behalf of any other person for the purpose of securing a permit.
(g)Master application project information form means that document described in subdivision 1 of section 881 of the Executive Law of the State of New York and in Part 8600 of this Subchapter.
(h)Preapplication conference means the conduct of that activity as described in section 882 of the Executive Law and which takes place pending the submission of application forms for permits. The preapplication conference is intended to provide both the applicant and the agencies an opportunity to discuss in a free and open manner a projected business undertaking, project or activity.
9 NYCRR 8700.3 - Procedure for conceptual review
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)A request for a conceptual review of a proposed business undertaking, project or activity shall be made in writing to the director, by a person proceeding in accordance with the master application procedure described in Part 8600 of this Subchapter. A determination whether to provide a conceptual review shall be made by the director within 30 days of receipt of the request.
(b)A conceptual review may be provided when the proposed business undertaking, project or activity meets the following criteria:
(1)may require multiple permits;
(2)takes place in phases over an extended period of time; or
(3)involves substantial expense for preparing detailed plans, specifications and permit applications.
(c)The director, after examination of the master application project information form and the results of a preapplication conference, if one is held, shall notify the applicant and the interested State agencies in writing of his determination whether or not the proposed business undertaking, project or activity meets the criteria for conceptual review.
(d)The interested State agencies involved in a conceptual review shall use the master application project information form and any other additional information as they may reasonably require from the applicant in order to complete their conceptual review. Additional information may include but not be limited to the following:
(1)a statement describing the proposed business undertaking, project or activity in general, including a description of proposed buildings, type of construction, availability and proximity of water and sewerage, anticipated air emissions, water discharge and solid wastes, roads and parking;
(2)whatever maps, plans or diagrams of the proposed business undertaking, project or activity are needed to render a conceptual determination; or
(3)a statement as to the anticipated financing of the phases of the proposed business undertaking, project or activity.
(e)The conceptual review shall provide:
(1)an official opinion as to the general acceptability of the proposed business undertaking, project or activity, including any future stages of development;
(2)a list of all permits which may be required by each interested State agency;
(3)the standards and conditions which would have to be met in order to obtain approval for such permits; and
(4)any related circumstances or findings.
(f)Where more than one agency requires the conduct of public hearings in their conceptual review process, the person proposing such business undertaking, project or activity or any interested State agency or agencies may request the director to seek consolidation of those public hearings. The hearings so conducted shall be in a manner consistent with the State Administrative Procedure Act and section 885 of the Executive Law of the State of New York.
(g)Any interested State agency which is authorized by other provisions of law to conduct its own conceptual review may elect to follow such conceptual review provisions after consulting with the director and the person.
9 NYCRR 8700.4 - Conceptual review determination
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)A conceptual review determination by an interested State agency shall be rendered in writing within 60 days of notification from the director to provide conceptual review unless:
(1)that State agency requests an extension for further review and states the reasons requiring such an extension;
(2)the person is advised by the director of the request for an extension, and an opportunity to consult with the agency requesting the extension is provided; and
(3)the reasons for granting the extension and the new determination date are given to the person by the director.
(b)Each agency conceptual review determination shall be sent to the director who shall prepare a statement of the general acceptability of the business undertaking based on the findings of the interested State agencies. The statement of general acceptability, the agency conceptual review determinations, and a list of permits which may be required shall then be forwarded by the director to the person requesting the conceptual review.
(c)A person receiving a conceptual review determination shall not be relieved of the responsibility of obtaining the necessary permits for the proposed business undertaking, project or activity.
9 NYCRR 8700.5 - Duration of conceptual review determination
Later State Register activity may affect this section.
Dates and status
- NYCRR title agency
- Executive Department
- Section status
- Section source receipt
- Source version current through
- May 15, 2022
(a)A conceptual review determination shall remain in effect as long as the proposed business undertaking, project or activity and the persons involved remain the same as described in the master application project information form or in additional information submitted as part of the conceptual review.
(b)Where new permit requirements or related standards become effective after the conceptual review determination is rendered by an interested State agency, and the agency had no control or discretion in establishing the effective date, the new permit requirements or standards shall not be considered to have been part of the conceptual review.