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Title: Section 97.10 - Decisionmaking and findings requirements

97.10 Decisionmaking and findings requirements.

(a) If the department is lead agency it shall, prior to any decision on an action which has been the subject of a final EIS, afford agencies and the public a reasonable time period (not less than 10 calendar days) in which to consider the final EIS.

(b) In the case of an action involving an applicant, the department's decision, if it is lead agency, on whether or not to approve or fund an action which has been the subject of a final EIS, shall be made within 30 calendar days after the filing of the final EIS and completion of other required reviews, except for good cause.

(c) The department shall not make a final decision to commence, engage in, fund or approve an action that has been subject of a final Federal or a final SEQR EIS until it has:

(1) given consideration to the final EIS;

(2) made a written finding that the requirements of this Part have been met; and

(i) consistent with social, economic and other essential considerations 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 practicable, including the effects disclosed in the relevant environmental impact statement; and

(ii) consistent with social, economic and other essential considerations, to the maximum extent practicable, adverse environmental effects revealed in the environmental impact statement process will be minimized or avoided by incorporating as conditions to the decision those mitigative measures which were identified as practicable;

(3) prepared a written statement of facts and conclusions relied upon in the EIS, supporting its decision and indicating the social, economic and other factors and standards which formed the basis of its decision.

(d) Prior to making a decision not to approve an action, the department must prepare a written statement of the facts and conclusions relied on in making that decision, including reference to matters in the EIS or comments provided thereon.

(e) Health Department actions in the coastal area, shall be consistent with the applicable policies of Executive Law, article 42, as contained in 19 NYCRR 600.5, so as to achieve a balance between the protection of natural resources and the need to accommodate social and economic considerations as provided in such policies. When the State agency action in the coastal area is within the boundaries of an approved local waterfront revitalization program and the action is one identified by the Secretary of State pursuant to section 916(1)(a) of the Executive Law, the action shall be consistent to the maximum extent practicable with the applicable policies of such local waterfront revitalization program.


VOLUME A-2 (Title 10)