19 NYCRR 1263.4 — read free

Procedures prior to the preparation of draft EIS's; actions involving other agencies

~~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)Environmental analysis of actions involving applicants.

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 to determine whether the action may or will not have a significant effect on the environment, applying the criteria contained in and considering the lists of Type I and II actions in 6 NYCRR Part 617 and in section 1263.14 of this Part. The division shall provide written notification to the applicant of the council's 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 formulation and design of an action to be carried out or undertaken directly by the council, 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 contained in 6 NYCRR 617.9 and considering the lists of Type I and II actions in 6 NYCRR Part 617 and in section 1263.14 of this Part.

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

If the council determines that

(1)the action is not an exempt action or a Type II action and that;

(2)the action will not have a significant effect on the environment, the division shall prepare, circulate, file and make available for public inspection a negative declaration as provided in subdivisions (b) and (i) of this section. In addition, the division shall prepare, file and make available for public inspection in its central office a statement setting forth the reasons supporting the determination.

(d)Determination of significant effect-notice of determination.

If the council determines that (1) the action is not an exempt action or a Type I action, (2) that the action may have a significant effect on the environment and that (3) the action does not involve other agencies, the division shall immediately prepare, file and circulate a notice of determination as provided in subdivision (i) of this section, and, in the case of an action involving an applicant, immediately and in writing request the applicant to prepare a draft EIS. As soon as possible thereafter, the applicant shall notify the division in writing whether it will prepare the draft EIS or whether it wishes the division to prepare it. The division shall prepare an EIS for an action involving an applicant only when practicable considering existing staff and resources and when the public interest will thereby be served.

(e)If the council determines that (1) the action is not 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 the council's 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 council 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 council is not the lead agency for an action that may have a significant effect on the environment, the division shall

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

(2)make written findings pursuant to subdivision (b) of section 1263.10 of this Part.

(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;

(2)a brief description of action;

(3)In an application pursuant to section 1076.2 of Title 9 NYCRR, the location of the action (county and city, town or village);

(4)in the case of a negative declaration, a statement that the council 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 and circulating negative declarations and notices of determinations.

All negative declarations and notices of determinations shall be filed and circulated as follows:

(1)with the commissioner;

(2)with the central or appropriate regional office of the department; and

(3)with other agencies involved in the action.

(4)at the central office of the division.