6 CRR-NY 617.1NY-CRR
6 CRR-NY 617.1
6 CRR-NY 617.1
617.1 Authority, intent and purpose.
(a) This Part is adopted pursuant to sections 3-0301(1)(b), (2)(m) and 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act (SEQR).
(b) In adopting SEQR, it was the Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air, water, land and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations.
(c) The basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision-making processes of State, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact, prepare or request an environmental impact statement.
(d) It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this Part that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision-making processes of State, regional and local agencies. It is not the intention of SEQR that environmental factors be the sole consideration in decision-making.
(e) This Part is intended to provide a statewide regulatory framework for the implementation of SEQR by all State and local agencies. It includes:
(1) procedural requirements for compliance with the law;
(2) provisions for coordinating multiple agency environmental reviews through a single lead agency (section 617.6 of this Part);
(3) criteria to determine whether a proposed action may have a significant adverse impact on the environment (section 617.7 of this Part);
(4) model environmental assessment forms to aid in determining whether an action may have a significant adverse impact on the environment (Appendices A and B of section 617.20 of this Part); and
(5) examples of actions and classes of actions which are likely to require an EIS (section 617.4 of this Part), and those which will not require an EIS (section 617.5 of this Part).
Preparation of environmental impact statement, Environmental Conservation Law § 8-0109.
Rules and regulations, Environmental Conservation Law § 8-0113.
RESEARCH REFERENCES AND PRACTICE AIDS:
National Environmental Policy Act of 1969, Generally. 42 U.S.C.A. § 4321.
12 NY Jur 2d, Buildings, Zoning, and Land Controls § 195.
43 NY Jur 2d, Declaratory Judgment and Agreed Case § 55.
55 NY Jur 2d, Environmental Rights and Remedies §§ 57---60, 61, 64.
61A Am Jur 2d, Pollution Control §§ 46, 47.
6 CRR-NY 617.1
Current through November 15, 2018
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