§ 4-03 Reviews for Consistency with the WRP.
RCNY § 4-03
(a)Local actions. Except as provided in 62 RCNY § 4-04(a), no CEQR lead or involved agency may make a final decision to undertake, fund, or approve an action unless and until the lead agency, or the CCC when the lead agency is the Commission, finds that such action will not substantially hinder the achievement of any WRP policy and determines that the action is consistent with the WRP, in accordance with the standards set forth in the WRP. When the lead agency is other than the Commission, the Department must concur with such finding.
(1)Local actions subject to Commission approval. The CCC's review of actions for consistency with the WRP is incorporated into the Commission's existing review procedures pursuant to ULURP or other provision of the Charter, or pursuant to CEQR.
(2)Local actions not subject to Commission approval.
(i)The CEQR lead agency shall provide the Department with its draft Environmental Impact Statement (EIS) or draft Environmental Assessment Statement (EAS), whichever is applicable, containing the agency's draft WRP consistency assessment and determination, at the earliest possible date, and in no event less than thirty (30) days before issuance of a Negative Declaration, a Conditional Negative Declaration or, if the agency has prepared a draft EIS, a Notice of Completion. The Department may request additional information to assist in the evaluation of the proposed action, which the agency shall promptly provide.
(ii)Within thirty (30) days of receipt of the lead agency's draft WRP consistency assessment and determination, the Department will notify the lead agency as to whether the Department concurs or does not concur with the proposed consistency determination and will provide written comments on the assessment, if any.
(iii)When the lead agency has prepared an EAS, if the Department is properly notified of such agency's consistency assessment and determination and does not respond to such agency in writing within thirty (30) days of receipt, the lead agency may deem its consistency determination to have been accepted by the Department.
(b)State and federal actions. The coordination of the Department's or the CCC's review of state and federal actions with the relevant state agency and DOS, respectively, including review periods and the procedures for transmission of comments and findings, shall be in accordance with the relevant state and federal laws and regulations, including Article 42 of the New York State Executive Law (§§ 910 through 922) and 16 U.S.C. §§ 1451 et seq., respectively, and shall follow the guidelines for notification and review of federal and state actions, which are appended to the WRP.
(c)Inconsistency with the WRP. For all actions, where an inconsistency with one or more policies of the WRP has been identified, the Department or the CCC, as applicable, may recommend alternatives or modifications to the action or mitigation measures in order to avoid or minimize the inconsistency. If, in the Department's or the CCC's view, an inconsistency presents a substantial hindrance to the achievement of one or more policies of the WRP, the provisions of 62 RCNY § 4-04 shall apply.
(d)Public Notice. All actions will be subject to any applicable procedures for public notice for the action under review. There are no additional public notice or participation requirements pursuant to this chapter. (Added City Record 8/30/2016, eff. 9/29/2016)
