§ 4-04 Substantial Hindrance to the WRP.
RCNY § 4-04
(a)Local actions.
(1)Local actions subject to Commission approval. The Commission may not approve an action that will substantially hinder the achievement of one or more policies of the WRP, unless, in its capacity as the CCC, it makes the following four findings: i. No reasonable alternatives exist which would permit the action to be taken in a manner which would not substantially hinder the achievement of such policy; ii. The action taken will minimize all adverse effects on such policies to the maximum extent practicable; iii. The action will advance one or more of the other coastal policies; and iv. The action will result in an overriding local or regional public benefit.
(2)Local actions not subject to Commission approval. A CEQR lead or involved agency may not undertake, fund, or approve an action that will substantially hinder the achievement of one or more policies of the WRP unless the CEQR lead agency makes the four findings in paragraph 1 of this subdivision with the concurrence of the CCC. Where the findings set forth in paragraph 1 of this subdivision are met, the action shall be deemed consistent with the WRP.
(b)State and federal actions. The CCC shall provide an advisory determination as to whether the four findings set forth in paragraph 1 of subdivision a are met. The Department shall transmit the CCC's findings to the relevant state agency or DOS for the purpose of consultation in accordance with the WRP and applicable state and federal laws, regulations and published guidelines, as referenced in subdivision b of 62 RCNY § 4-03. (Added City Record 8/30/2016, eff. 9/29/2016)
