New York regulations

19 NYCRR 1263.10

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Decision making

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Decision making

Compiled source label: current through Jun 30, 2022

Register checked through July 8, 2026/Vol. XLVIII, Issue 27 (2026-07-08) - no later Register activity found for this section

What LawEngine checked
Status
Source receipt
Compiled source current through
Jun 30, 2022
Register checked through
July 8, 2026/Vol. XLVIII, Issue 27 (2026-07-08)
Register activity status
no later Register activity found
LawEngine source snapshot
Jun 6, 2026
(a)No decision to carry out or approve an action which may have a significant effect on the environment shall be made by the council until after the filing and consideration of a final EIS. When the council 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 council 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 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)No final council decision to approve or disapprove an action that may have significant effect on the environment and which involves an applicant shall be made until all required fees have been paid by the applicant to the council.
(d)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 1263.5 of this Part.

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