Consistency Review

State Consistency

New York State's requirements to assure that actions of State agencies are consistent with policies for the State's coastal areas and inland waterways are contained in Article 42 of the State Executive Law, Department of State regulations in 19 NYCRR Part 600, and State Environmental Quality Review Act (SEQRA) regulations in 6 NYCRR Part 617. State agency actions are required to be consistent with:

State agency actions that are not consistent with State coastal policies or with an approved LWRP are not to be undertaken.  State agencies must complete a Coastal Assessment Form (CAF) as soon as the agency contemplates an action that may affect the policies for the coastal area or of an approved LWRP. The completion of a Coastal Assessment Form (CAF) is designed to assist the State agency in making a determination regarding the consistency of its action with coastal policies or an approved LWRP. It is also intended to aid the State agency in making its determination of significance pursuant to SEQRA. The CAF should be completed before such a determination so that the effects of an action on the achievement of the coastal policies or the policies of an LWRP are considered in deciding whether an EIS should be required.

When a State agency is acting as the lead agency or as an involved agency for actions involving an Environmental Impact Statement (EIS) pursuant to SEQRA, the EIS must include an identification of applicable coastal policies and the effects of the action on those polices. Whether or not an EIS is prepared, a State agency shall not to make a final decision regarding an action unless and until the agency has made a written finding that its action is consistent with State coastal policies in 19 NYCRR Part 600.5 or 19 NYCRR Part 600.6, or an approved LWRP.

When a State agency is considering an action that may affect the policies or purposes of an approved LWRP, the agency must contact the LWRP municipality directly. This is to provide the municipality with the opportunity to identify any potential conflicts between the State agency action and their LWRP. If the municipality identifies a conflict, the State agency and the municipality should meet to resolve the issue. If they cannot agree, either party may notify the Secretary of State. The Secretary will confer with the State agency and the municipality to modify the proposed action to be consistent with the LWRP. A list of State agency actions subject to consistency with an LWRP is included in Section VI of approved LWRPs.

The Division of Coastal Resources is available for consultation and advisement regarding State consistency procedural matters and the assessment of the effects of State agency actions with State coastal policies, approved Local Waterfront Revitalization Programs, and other CMP special management area plans.

CONSISTENCY FORMS

Coastal Assessment Form
CAF - to be completed only by State agencies for State agency actions