N.Y. Executive Law Section 883
Conceptual review


1.

The office at the request of the director may, at the request of any person proceeding in accordance with § 881 (Master application procedure)section eight hundred eighty-one of this article, provide a conceptual review of a proposed business undertaking, project, or activity which may require multiple permits, which will take place in phases over an extended period of time, or which will involve substantial expense for preparing detailed plans, specifications, and permit applications. Each interested state agency shall participate in the conceptual review; and the person shall provide such information in addition to that provided in the master application as the state agencies shall reasonably request.

2.

After consideration of the master application and any additional information, each interested state agency shall render to the person a written conceptual review determination, which will provide an official opinion as to the general acceptability of the proposed business undertaking, project, or activity and which will state all permits which such agency would require, the standards and conditions which would have to be met in order to obtain approval of such permits, and any properly related circumstances or findings.

3.

Each interested state agency participating in the conceptual review shall render the written conceptual review determination within a period not exceeding sixty days from the date fixed by the director, provided, however, that such period may be extended by the director at the request of an interested state agency for the further consideration of the master application and any additional information provided in accordance with subdivision one of this section. The director shall advise the person having requested the conceptual review of such extension, the reasons therefor, and the revised period fixed by the director for rendering the conceptual review determination; and such person shall be entitled to confer with the office and with any state agency having been granted an extension of time to ascertain what further information, if any, is required to facilitate the conceptual review determination.

4.

A conceptual review determination shall not relieve the person from the responsibility of obtaining any required permits and shall be contingent upon the submission of such detailed plans, specifications and information as may be required for permit applications. A conceptual review determination shall remain in effect indefinitely for the proposed business undertaking, project, or activity as described in the master application and any additional information submitted as part of the conceptual review, provided, however, that if new permit requirements or related standards, over which a state agency has no control or discretion in establishing the effective date thereof, subsequently become effective, such new permit requirements or standards shall not be considered to have been part of the conceptual review determination.

5.

The office shall provide in its rules for the procedures to be followed in the conduct of a conceptual review and shall coordinate the delivery of conceptual review determinations to the person, provided, however, that any state agency authorized to conduct a conceptual review under other provisions of law may, in consultation with the person and the director, elect to follow such provisions with respect to rendering the conceptual review determination authorized by this section. * NB Authority of office terminated per § 893 December 31, 1995

Source: Section 883 — Conceptual review, https://www.­nysenate.­gov/legislation/laws/EXC/883 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 883’s source at nysenate​.gov

Link Style