LL #02-1977TOWN OF WAPPINGER
DUTCHESS COUNTY, NEW YORK
LOCAL LAW NO.2, YEAR 1977
A Local Law providing for environmental quality review of actions
which may have a significant effect on the environment. (SEQR)
BE IT ENACTED by the Town Board of the Town of Wappinger, as follows:
ARTICLE I. GENERAL PROVISIONS
Section 10. COMPLIANCE
No decision to carry out or approve an action other than an action
listed in Article II Section 2 and 3 hereof shall be made by the Local
Agency until there has been full compliance with all requirements of
this Local Law and Part 617 of Title 6 NYCRR provided, however, that
nothing herein shall be construed as prohibiting,
(a) the conducting of contemporaneous environmental, engineering,
economic feasibility or other studies and preliminary planning
and budgetary processes necessary to the formulation of a proposal
for action which do not commit the municipality to approve,
commence or engage in such action, or
(b) the granting of any part of an application which relates only to
technical specifications and requirements, provided that no such
partial approval shall entitle or permit the applicant to commence
the action until all requirements of this Local Law and Part 617 of
Title 6 NYCRR have been fulfilled.
Section 11. FILING
The Local Agency shall maintain files open for public inspection of all
Notices of Completion, draft and final environmental impact statements and
written determinations prepared or caused to be prepared by the Local
Agency pursuant to this Law.
Section 12. DEFINITIONS
For the purpose of this Law certain words and terms used herein are defined
as follows:
(a) "Action" means projects or activities undertaken by any agency; or
projects supported in whole or in part through contracts, grants,
subsidies, loans, or other forms of funding assistance from one or more
agencies; or projects involving the issuance to a person or a lease,
permit, license, certificate or other entitlement for use or permission
to act by one or more agencies; and policy, regulations, and procedure -
making. It covers any activity of an agency, except Type II and exempt
actions as listed herein including, without limitation
(1) physical activities such as construction or other activities which
change the use or appearance of any natural resource or a structure;
(2) funding activities such as the proposing, approval or disapproval of
contracts, grants, subsidies, loans, tax abatements or exemptions or
other forms of direct or indirect financial assistance;
(3) licensing activities such as the proposing, approval or disapproval
of a lease, permit, license, certificate or other entitlement for
use or permission to act;
(4) planning activities such as site sel&ction for other'activites and
the proposing, approval or disapproval of master or long range plans,
zoning or other land use maps, ordinances or regulations, development
plans or other plans designed to provide a program for future activities;
and
(5) policy making activities such•as the making,modification or establish-
ment of rules, regualtions, procedures,policy and guidelines.
(b) "Agency" means any state or local agency.
(c) "Agency, Local" means the governing body and/or any department, Officer,
agency, board, district commission of the Town of Wappinger, New York, which
has authority to undertake or permit an "action" as defined herein.
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(d) "Agency, State" means any state department, agency, board, public
benefit corporation, public authority or commission.
(e) "Applicant" means any person making an application or other request
for agency action.
(f) "Commissioner" means the Commissioner of Environmental Conservation.
(g) "Department" means theDepartment of Environmental Consevation.
(h) "Direct Actions" means actions directly undertaken by the Local
fir+` Agency whether or not such actions are supported in whole or in part
through contracts, grants, subsidies, loans or other forms of funding
assistance from one or more state agencies; and actions supported in
whole or in part through contracts, grants, subsidies, loans, or other
forms of funding assistance from one or more local agencies.
(i) "Entitlement Actions" means actions involving the public issuance
to a person of a lease, permit, certificate or other entitlement for
use or permission to act by the Local Agency.
(j) "Environment" means the physical conditions which will be affected by
a proposed action, including land, air, water, minerals, flora, fauna,
noise, objects of historic or aesthetic signifiance, existing patterns
of population concentration, distribution or growth, and existing
community or neighborhood character.
(k) "Environmental impact statement" means a detailed written statement
setting forth the matters specified in Article V including any comments
on a draft environmental statement which are received thereon as well
as the local agency's response to such comments, to the extent that
such comments raise issues not adequately resolved in the draft en-
vironmental statement.
%W (1) "Draft environmental impact statement" means a preliminary Environmental
Impact statement prepared pursuant to Article IV.
(m) "Ministerial action" means an action performed upon a given state of
facts in a prescribed manner imposed by law without the exercise of any
judgement or discretion as to the propriety of the action, such as the
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grant of a driver's license, although such law may require, in some
degree, a construction of its language or intent.
(n) "Municipality" means the Town of Wappinger, Dutchess County, New York.
(o) "NYCRR" means the New York State Department of Conservation Rules
and Regulations.
(p) "Person" means any agency, individual, corporation, governmental
entity, partnership, association, trustee or other legal entity.
(q) "Pesticides" means any chemical agent used to control undesirable in-
sects, plants or animals.
(r) "Typical associated environmental effects" means changes in one or more
natural resources which usually occur because of impacts on other such
resources as a result of natural interrelationships or cycles. For
example, the diminution of a predator population is typicall associated
with the increase in a prey population.
ARTICLE II. LISTS OF ACTIONS
Section 20: Actions - Type I
Consistent with Part 617 of Title 6 NYCRR and the criteria therein the
following are considered to be Type I actions or classes of actions for
which environmental impact statements must be prepared because they will in
almost every instance have a significant effect on the environment:
(a) Construction of new (or expansion by more than 50 percent of existing
size, square footage or usage of existing):
(1) Airports
(2) Public institutions such as hospitals, schools and institutions of
higher learning and correction facilities, major office centers
(3) Road or highway sections (including bridges) which require an in-
direct source permit under 6 NYCRR Part 203
(4) Parking facilities or other facilities with an associated parking
area for 100 or more cars only if such facility would require an
indirect source permit under 6 NYCRR Part 203
(5) Dams with a duwnstream hazard of "C" classification under
Environmental Conservation Law (ECL) section 15-0503
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(6) Stationary combustion installations
(7) Chemical pulp mills
(8) Cement plants
(9) Iron and steel plants
(10) Primary aluminum ore reduction plants
(11) Incinerators operating at a refuse charging rate exceeding 30 tons
of refuse per 24-hour day
(12) Sulfuric acid plants
(13' Petroleum refineries
(14) Lime plants
(15) Bi -product coke manufacturing plants
(16) Storage facilities designed for or capable of storing liquid natural
gas, liquid petroleum gas or other liquid fuels
(17) Sulfur recovery plants
(18) Fuel conversion plants
(19) Process, exhaust and/or ventilation systems emitting air contaminants
assigned an environmental rating of "A" undet 6 NYCRR 212 are based
upon the toxicity level value (TLV) of such contaminants.
(20) Process, exhaust and/or ventilation systems from which the total
emission rate of all air contaminants exceeds classification limits
established by the Dept.of Environmental Conservation..
(21) Any sanitary landfill or solid waste disposal system
(22) Any facility, development or project which to be directly located
in one of the following critical areas:
(i) tidal wetlands as defined in Article 25 of the ECL
(ii) freshwater wetlands as defined by Local Law #1, 1976
(iii) Flood plains as defined by Article 36 of the ECL
(iv) wild, scenic and recreational rivers areas defined in Title 27
of Article 15 of the ECL
(23) Any facility, development or project having an adverse impact on any
historic or prehistoric building, structure or site listed on the
National Register of Historic Places the Statewide Inventory of
Historical and Cultural Resources or Landmarks of Dutchess Co. 1683-
1867 as prepared by the Dutchess County Planning Board
(24) Any development, project or permanent facility of a non-agricultural
use in an agricultural district which requires a permit except those
listed as Type II actions
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(25) Any facility, development or project which would generate more than
600 vehicle trips per hour or more than 4,000 vehicle trips per any
eight-hour period
(26) Any facility, development or project which would use:
(a) ground water in excess of 15,000 gallons in any day, based upon
location, and depth of well; (b) surface water in excess of 15,000
gallons in any day, based upon source and location
(27) Any industrial facility, which has a discharge flow, from other than
incidental purposes
(28) Any publicly or privately owned sewage treatment works which has an
average daily design flow of more than 20,000 gallons daily
(29) A residential development that includes 50 or more units
(30) Lakes or other bodies of water with a water surface in excess of
5 acres
(31) Any mining or resource extraction industry
(b) Any funding, licensing or planning activites in respect of any
of the types of construction listed in (a), above
(c) The application or use of pesticides for other than agricultural
purposes:
(1) Rodenticides - use and/or storage in other than incidental use
(2) Insecticides - storage and/or application to more than 100 contiguous acres
(3) Herbicides - use and/or storage in other than incidental use.
(d) Clearcutting of 50 or more contiguous acres of forest cover or
vegetation other than crops
(e) The proposed adoption of comprehensive land use plans, zoning
ordinances, buildings codes, comprehensive solid waste plans, state and regional
transportation plans, water resource basin plans, comprehensive water quality
studies, atea-wide waste water treatment plans, state environmental plans, local
flood plain control plans, and the like
(f) Commercial burial transportation or handling of radioactive materials
requiring a permit
(g) Any action which will result in excessive or unusual noise or vi-
bration taking into consideration the volume, intensity, pitch, time dura-
tion and the appropriate land uses for both the source and the recipient of such
noise and vibration
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(h) Acquisition or sale by a public agency of more than 50 conti-
guous acres of land, based upon anticipated use
(i) Any other action included in Part 617 of Title 6 NYCRR
Section 21: Actions, Type II
Consistent with Part 617 of Title 6 NYCRR and the criteria therein, the
following are considered Type II actions or classes of actions which have
been determined not to have a significant effect on the environment and do not
require environmental impact statements:
(a) Construction or alteration of a single or two-family residence
and accessory appurtenant uses or structures not in conjunction
with the construction or alteration of two or more such residences
and not in one of the critical areas described in this section for
Type I actions
(b) The extension of utility facilites to serve new or altered single
or two-family residential structures or to render service in approved
subdivisions
(c) Construction or alteration of a store, office or restaurant designed
for an occupant load of 20 persons or less, if not in conjunction
with the construction or alteration of two or more stores, offices,
or restaurants and if not in one of the critical areas described
herein for Type I actions and the construction of utility facilities
to serve such establishments
(d) Actions involving individual setback and lot line variances and the
like
(e) Agricultural farm management practices including construction,
maintenance and repair of farm buildings and structures and land
use changes consistent with generally accepted principles of farming
(f) Operation, repair, maintenance or minor alteration of existing
structures, land uses and equipment
(g) Repaving,of existing highways not involving the addition of new
travel lane
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(h) Street openings for the purpose of repair or maintenance of
existing utility facilities
(i) Installation of traffic control devises on existing streets,
roads and highways other than multiple fixtures on long
stretches
(j) Mapping of existing roads, streets, highways, uses, owner-
ship patterns and the like
(k) Regulatory activities not involving construction or changed
land use relating to one individual, business, institution or
facilities such as inspections, testing, operating, certifi-
cation or licensing and the like
(1) Sales of surplus government property other than land, radio -active
material, pesticides, herbicides, or other hazardous materials
(m) Collective bargaining activities
(n) Operating, expense or executive budget planning, preparation
and adoption not involving new programs or major reordering
of priorities
(o) Investments by or on behalf of agencies or pension or retire-
ment systems
(p) Actions which are immediately necessary for the protection or
preservation of life, health, property, or natural resources
(q) Routine administration and management of agency functions not
including new programs or major reordering of priorities
(r) Routine license and permit renewals where there is no significant
change in preexisting conditions
(s) Routine activities or educational institutions which do not in-
clude capital construction
(t) Any other action included in Part 617 of Title 6 NYCRR
Section 22: EXEMPT ACTIONS
Consistent with Part 617 of Title 6 NYCRR, the environmental quality
review act shall not apply to: enforcement -or criminal proceedings or the
exercise of prosecutorial discretion in determing whether or not to insti-
tute such proceedings; official acts of a ministerial nature involving no
exercise of discretion; and maintenance or repair involving no substantial
changes in existing structure or facility; as well as:
(a) Actions requiring a certificate of environmental compatibility
and public need under Article VII and VIII of the Public Service
Law and the consideration of, grant or denial of any such certificate
(b) Actions undertaken or approved prior to the effective dates of
this Law provided, however, that if after such dates the Local Agency
modifies an action undertaken or approved prior to that date and
determines that the modification may have a significant adverse
effect on the environment, such modification shall be an action
subject to this local law and Part 617 of Title 6 NYCRR. (An
action shall be deemed to be undertaken or approved prior to such
date if, in the case of construction activities has been entered
into or if a continuous program of on-site construction or
modification has been engaed in or if, in the case of an action
involving federal participation, either a draft environmental im-
pact statement or a negative declaration has been duly prepared
under the National Environmental Policy Act of 1969).
(c) Actions which are immediately necessary on a limited emergency
basis for the protection or preservation of life, health, pro-
perty, or natural resources; and
(d) Actions of any Court
ARTICLE III. DETERMINATION OF SIGNIFICANCE
Section 30: DIRECT ACTIONS
The environmental effects of actions proposed to be undertaken -by the
Local Agency itself whether or not such actions receive funding
assistance from other agencies shall be screened initially and handled
as follows:
(a) If the Local Agency determines that an action proposed by the
Local Agency is not an exempt action, is not an action listed as
Type II in Section 21 hereof or Section 617.12 of Title 6 NYCRR,
and that it will not have a significant effect on the environment,
the Local Agency shall prepare, file, and circulate such deter-
mination as provided in Section 32; thereafter, the proposed action
may be processed without further regard to this local law.
(b) If the Local Agency determines that the proposed action may have
a significant effect on the environment, as determined by guide-
lines adopted by the Local Agency, the Local Agency shall pre-
pare, file and circulate such determination as provided in Section
32; thereafter, the proposed action shall be reviewed and pro-
cessed in accordnace with the provisions of this Local Law and
Part 617 of Title 6 NYCRR.
Section 31: ENTITLEMENT ACTIONS
An initial determination of environmental effects for actions undertaken
by others but requiring the issuance of a lease, permit, certificate or
other entitlement by the Local Agency shall be processed as follows:
(a) For the purpose of assisting in the determination of whether an
action may or will not have a significant effect on the envir-
onment, applicants for permits or other approvals shall file a
written statement with the Local Agency setting forth the name
of the applicant, the location of the real property affected,
if any, a description of the nature of the proposed action, and
the effect it may have on the environment.
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(b) Applicants may include a detailed statement of the reasons
why, in *heir view, a prpposed action may or will not have a
significant effect on the environment. Where the action in-
volves an application for a permit or other approval, the
statement shall be filed simultaneously with such application.
(c) The statement provided herein shall be upon a form prescribed
by resolution of the Local Agency and Shall contain such rele-
vant information as shall be required in the prescribed form,
as well as drawings, sketches, and maps, if any, together with
any other explanatory material required by the Local Agency.
(d) Upon receipt of a complete application and a statement, the
Local Agency shall cause a notice thereof to be posted on the
signboard, if any, maintained by the Local Agency and shall
also cause such notice to be published in the Local Agency's
official newspaper, if any, or in the newspaper having gen-
eral circulation within the Local Agency's jurisdiction describ-
ing the nature of the proposed action and stating that written
views thereon of any person ]shall be received by the Local
Agency no later than a date specified in such notice. The cost
of said advertisement shall be prepaid by the applicant.
(e) The Local Agency shall render a written determination on such
application within fifteen days following receipt of a complete
application and statement, provided, however, that such period
may be extended by mutual agreement o f the applicant and the
Local Agency.
(f) The determination shall state whether such proposed action may or
will not have a significant effect onthe environment in accordance
with the guidelines of the Local Agency. The Local Agency may
hold informal meetings with the applicant and may meet with and
consult any other person for the purpose of obtaining aid in
making a determination on the application.
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(g) The time limitations provided in this local law shall be coordinated
with, to the extent practicable, other time limitations provided
by statute or local law, ordinance, or regulation of the munici-
pality.
(h) Every application for determination under this local law shall be
accompanied by a fee of $10.00 plus that sum necessary to including
but not limited to postage fees, reproduction costs, advertising,
cost of materials and any other costs associated with processing, to
defray the expenses incurred in rendering such determination, said
costs shall be estimated at the time of application, and upon com-
pletion said costs shall be paid before issuance of a license or
other entitlement permit.
Section 32: FILING OF INITIAL DETERMINATION
Statements of such determinations shall be filed with:
(a) The Regional Office of the New York State Department of Conservation;;
(b) The Coumissioner of the New York State Department of Environmental
Conservation;
(c) The Clerk of the Local Agency;
(d) The Clerk of the Municipality;
(e) The Chairman of the Municipality's Conservation Advisory Council;
(f) The Chairman of the Municipality's Planning Board;
(g) The Clerk of the Dutchess CountyLegislature;
(h) The Dutchess County Office of County Executive;
(i) The Dutchess Count Environmental Management Council;
(j) The Dutchess County Department of Planning;
(k) The Applicant, where the action involves issuance of a public permit
or public approval;
(1) Other agencies concerned with the proposed action.
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ARTICLE IV DRAFT ENVIRONMENTAL IMPACT STATEMENT
Section 40: PREPARATION OF DRAFT
(a) Following determination that an action proposed by the Local
Agency may have a significant effect on the environment, the
Local Agency, in accordance with the provisions of Part 617
of Title 6 NYCRR, and Agency Guidelines shall prepare or cause
to be prepared a draft environmental impact statement (DEIS).
(b) Following a determination that an action proposed by an Applicant
may have a significant affect on the environment, the Agency shall
notify the applicant of the determination and request the appli-
cant prepare a dra.fF_ environmental impact statement.
(1) If the applicant decides not to submit a draft environmental impact
statement, the Local Agency shall prepare or cause to be prepared the
draft environmental impact statement, or in its discretion, it shall
notify the applicant that the processing of the application will cease
and that no approval will be issued.
(2) The Local Agency may require an applicant to submit a fee to defray
the expense to it of preparing a draft environmental impact statement
and/or of reviewing the statement prepared by the applicant, said fee
to be in addition to any other fee provided for herein.
Section 41. NOTICE OF COMPLETION
(a) Upon completion of a draft environmental impact statement prepared
by or at the request of the Local Agency, a Notice of Completion
containing the following information shall be prepared:
(1) a brief description of the action covered by the statement and the
location of its potential impacts and effects;
(2) a statement indicating where and how copies of the statement can be
obtained from the Local Agency; and
(3) a statement that comments are requested and will be received and
considered by the agency at a given address for a period not less than
thirty calendar days from the first filing and circulation of the notice
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of completion or not less than ten calendar days following a
publci hearing at which the environmental impacts of the
proposed action are considdred.
(b) The notice of completion shall be sent to all other agencies in-
volved in the action, persons who have requested it, the editor
of the State Bulletin, the State clearinghouse and the relevant
regional clearinghouse designated under Federal Office of Manage-
ment and Budget Circular A-95.
(c) In addition, it shall be published in the Local Agency's official
newspaper, if any, or if none, a newspaper having general cir-
culation within the Local Agency's jurisdiction and a copy thereof
shall also be posted on a signboard maintained by the Local Agency.
(d) The Local Agency shall maintain a file open to public inspection of
all notices of completion and draft environmental impact statements
that it has prepared -or that it has requested an applicant to prepare.
(e) For public information purposes, one copy each of the draft en-
vironmental impact statement and notice of completion shall be filed
with:
(1) the Regional Office of the New York State Department of Conservation;
(2) the Commissioner of the New York State Department of Environmental
Conservation;
(3) the Clerk of the Local Agency;
(4) the Clerk of the Municipality;
(5) the Chairman of the Municipality's Conservation Advisory Council:
(6) the Chairman.of the Municipality's Planning Board;
(7) the Clerk of the Dutchess County Legislature;
(8) the Dutchess County Office of County Executive;
(9) the Dutchess County Environmental Management Council;
(10) other Agencies concerned with the proposed action.
Section 42: PUBLIC HEARING
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(a) Upon completion of a draft environmental impact statement, the
Local Agency shall decide whether or not to conduct a public
hearing concerning the action. This shall be based upon :
(1) the degree of interest shown by other persons in the action;
(2) the extent to which a public hearing cna aid in agecny decision-
making processes by providing a forum for, or an efficient
mechanism for the collection of, public comment.
(b) If the Local Agency decides to hold a public hearing on a draft
environmental impact statement, notice thereof shall be filed, circulated,
and sent in the same manner as the notice of completion and shall be
published in the Local Agency's official newspaper, if any, or if none,
in a newspaper having general circulation within the Local Agency's
jurisdiction at least ten days prior to such public hearing.
(c) The notice of hearing shall state the place where substantive written
comments shall be received.
(d) The hearing shall commence no less than fifteen calendar days nor more
than sixty calendar days of the filing of the draft envrironmental
impact statement, except as otherwiese provided where the Local Agency
determines that additional time is necessary for public or other agency
review of the draft environmental impact statement, or where a different
hearing date is required as appropriate under other applicable law.
Section 43: DEIS DETERMINATION OF SIGNIFICANCE
(a) On the basis of the draft environmental impact statement and public
hearing thereon, if any, the Local Agency shall determine whether or
not the action will have a significant effect on the environment.
(b) If it is determined the action will not have a significant effect on the
environment, the proposed action may be processed without further regard
to this local law.
(c) If it is determined the action will have a significant effect on the
environment, the Local Agency shall prepare, or cause to be prepared,
a final Environmental Impact Statement.
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ARTICLE V. FINAL ENVIRONMENTAL IMPACT STATEMENT
Section 50. PREPARATION OF STATEMENT
(a) Where required, the final environmental impact statemen (FEIS)
shall be prepared within 45 days after the colose of any hearing
or within 60 days after the filing of the draft environmental
impact statement, whichever last occurs, provided, however, the
Local Agency may extend this time as necessary to complete the
statement adequately or where problems identified with the pro-
posed action require material reconsideration or modification.
(b) Where the action involves an application, such final environmental
impact statement may be accompanied by a fee as specified by the
Local Agency to defray the expenses of the Local Agency in pre-
paring and/or evaluating same.
Section 51. NOTICE OF COMPLETION
(a) A Notice of Completion of a final environmental impact statement
shall be prepared, filed and sent in the same manner as provided
in Section 41 herein and shall be sent to all persons to whom the
Notice of Completion of the draft environmental impact statement was
sent. Copies of the final environmental impact statement shall be
filed and made available for review in the same manner as the draft
environmental impact statement.
(b) No decision to carry out or approve an action which has been the
subject of a final environmental impact statement by the Local Agency
or by any other agency shall be made until after the filing and
consideration of the final environmental impact statement.
Section 52: FEIS DETERMINATION
(a) Where the Local Agency has been the lead agency for an action, it
shall, within thirty days of the filing of the final environmental
impact statement, make a decision whether or not to approve the
action.
(b) When a Local Agency decides to carry out or approve an action which
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may have a significant effect on the environment, it shall make
the following findings in a written determination;
(1) that consistent with social, economic, and other essential
consideration of State and Local Policy, to the maximum extent
practicable, from among the reasonable alternatives thereto,
the action to be carried out or approved is one which minimizes
or avoids adverse environmental effects, including theeffects
disclosed in the relevant environmental impact statements; and
(2) that all practicable means will be taken in carrying out or
approving the action to minimize or avoid adverse environmental
effects.
(c) For public information purposes, a copy of the determination shall be
filed and made available as provided for draft environmental impact
statements in Section 41 (e).
ARTICLE VI. DELEGATION OF RESPONSIBILITY
Section 60: DIRECT ACTIONS
The Town Board shall be responsible for assuring compliance with this Local
law in all direct actions undertaken by the municipality except as noted other-
wise below:
Responsible Agency
Direct Actioa
Highway Superintendent Road or highway sections
Planning Board Adoption of comprehensive plans
Section 61: ENTITLEMENT ACTIONS
The following shall be responsible for assuring compliance with this Local Law
with respect to actions requiring leases, permits, certificates or other en-
titlements as noted:
Responsible Agency
Entitlement Action
Planning Board Subdivision Plat Approval
Site Plan Approval
Wetlands Permits
Zoning Board of Appeals Variances
Special Use Permits
Town Board Mobile Home Park Licenses
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Section 62: LEAD AGENCY
(a) When a Type I action involves more than one agency, all involved
agencies shall, to the fullest extent possible, coordinate their
environmental reviews through a lead agency to the end that the re-
quirements of this Local Law are met by a single draft environmental
impact statement, a single final draft environmental impact statement,
a single final environmental impact statement and, if conducted and
practicable, a single hearing process. The designation of the lead
agency shall be made within thirty calendar days following the filing
of a complete application.
(b) If a question arises between (or among) two or more agencies as to
which agency is the lead agency, the agencies shall resolve the
question themselves and designate a lead agency in writing on the
basis of the following:
(1) the agency to first act on theproposed action
(2) a determination of which agency has the greatest responsibility
for supervising or approving the action as a whole
(3) a determination of which agency has more general governmental
powers as compared to single or limited powers or purposes
(4) a determination of which agency has the greates capability for
providing the most thorough environmental assessment of the
action; and
(5) a determination of whether the anticipated impacts of the action
being considered are primarily of statewide, regional or local
concern, e.g., if such impacts are primarily of local concern,
the local agency should be the lead agency.
(c) If such agencies are unable to resolve the question within the pre-
scribed thirty calendar day period, they shall submit the question
in written form tothe commissioner who shall, within five business days,
on the basis of the ciriteria specified above, designate the lead agency.
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ARTICLE VII. EFFECTIVE DATES
Section 70: DIRECT ACTIONS
With respect to actions directly undertaken by the Local Agency, whether or
not such actions are supported in whole or in part through contracts, grants,
subsidies, loans, or other forms of funding assistance from one or more state
Agency; and all other actions supported in whole or in part through contracts,
grants, subsidies, loans, or other forms of funding assistance from one or more
State Agency, the requirement of an environmental impact statement shall take
effect immediately.
Section 71: Entitlement Actions
With respect to actions supported in whole or in part through contracts, grants,
subsidies, loans or other forms of funding assistance from one or more Local
Agency; and with respect to actions involving the issuance to a person of a lease,
permit, certificate, or other entitlement for use or permission to act by one or
more Local Agency the requirement of an environmental Impact Statement pursuant
shall take effect immediately.
Section 72:
If any section or part thereof shall be declared illegal or unconstitutional, it
shall not affect any other section or part thereof and the same shall remain in
full force and effect.
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