N.Y. Comp. Codes R. & Regs. Tit. 19 § 601.4 - Procedure for review
(a) Upon
receipt of a completed LWRP the secretary shall circulate the program to such
parties as the secretary shall deem appropriate, which parties shall include:
(1) every State agency (as defined in article
42 of the Executive Law) with programs identified in the submitted LWRP as
having the potential to affect the achievement of that LWRP;
(2) any adjacent local government with
contiguous coastal or inland waterway area;
(3) the county wherein the LWRP area is
situated; and
(4) the regional
planning board, if any, wherein the LWRP area is situated.
(b) All parties shall have 60 days for review
and comment before the Secretary can render a decision as to the approvability
of such LWRP.
(c)
(1) Major amendments to any approved LWRP,
such as a substantial alteration in the coastal area boundary, or of applicable
coastal policies, shall be reviewed in the same manner as any original
LWRP.
(2) Minor amendments to any
approved LWRP, such as updates which reflect changing characteristics of the
community, incorporation into the LWRP of policies contained in the State
Coastal Management Program, or adoption of local laws or ordinances which
further implement the LWRP, shall be subject to a 21-day period for review and
comment by all parties before the secretary may render a decision on
approvability of the amendment.
(d) Notice of disapproval by the secretary
shall be issued in writing and shall include findings with respect to the
criteria which the LWRP fails to meet. Disapproval of a LWRP shall be without
prejudice and any local government may resubmit a LWRP without regard to prior
disapprovals.
(e) The secretary
may, as a condition to approval of a LWRP, require that notice of certain
identified actions of that local government or its agencies be given to the
Secretary prior to such actions being taken.
Notes
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