Public Notices
The Office of Planning and Development is required by state and federal regulations to issue public notices on various activities. See the listing below for more information on the program activities which require public notices.

Consistency Review

The Division of Development reviews the activities of federal agencies which may affect land and water uses and natural resources of New York State's federally defined coastal zone for consistency with the Coastal Management Program and approved Local Waterfront Revitalization Programs. These notices are issued during the course of the Division's review of proposed federal activities. They are issued weekly.


Local Waterfront Revitalization Programs

Prior to approval by the Secretary of State, the Division of Planning issues a 60-day public notice on a community's draft Local Waterfront Revitalization Program. In addition to seeking public comments, this notice indicates that the draft local program has been submitted to the Office for Coastal Management in the U.S. Department of Commerce for review and approval as a change to the State's Coastal Management Program. These notices are issued periodically.


Coastal Management Program Amendments or Routine Changes

The Office of Planning and Development may periodically propose amendments or changes to the State's Coastal Management Program. Public notice will be issued by the Office indicating that a proposed amendment or routine change has been submitted to the Office for Coastal Management of the U.S. Department of Commerce for review and approval and, if necessary, indicate that a public hearing will be held. This notice may be issued for incorporating state designated significant coastal fish and wildlife habitats or scenic areas of statewide significance into the program, modifying the coastal zone boundary, changing the program's coastal policies or their enforceable laws and regulations, or other program revisions. A notice will also be issued by the Office indicating that an amendment or routine change has been approved by the U.S. Department of Commerce and stating the effective date of the amendment or change.

Public Notice - Notice of Routine Program Change to the New York State Coastal Management Program


Brownfield Opportunity Areas Program Conformance Review

The Office of Planning and Development reviews requests for brownfield opportunity area conformance determinations by the Secretary of State for projects enrolled in the Brownfield Cleanup Program located in a designated Brownfield Opportunity Area.  During the review of a request for a conformance determination, a 30-day public notice is issued to permit public review of and comment on the request.  These notices are issued periodically.


Consistency Review


New York State Department of State
Public Notice - F-2016-0805
Original Date of Issuance – December 21, 2016
Updated
Date of Issuance – January 11, 2017 Comment Period Extended by 4 Weeks

The New York State Department of State (DOS) is required by Federal regulations to provide timely public notice for the activities described below, which are subject to the consistency provisions of the Federal Coastal Zone Management Act of 1972, as amended.

 The applicants has certified that the proposed activity complies with and will be conducted in a manner consistent with the approved New York State Coastal Management Program.  The applicant's consistency certification and accompanying public information and data are available for inspection at the New York State Department of State offices located at One Commerce Plaza, 99 Washington Avenue, in Albany, New York and on the web at http://www.dos.ny.gov/opd/programs/consistency/F-2016-0805PNMaterial.pdf.

In F-2016 -0805, the Albany Port District Commission is seeking authorization from the US Army Corps of Engineers and funding from the Maritime Administration for a wharf reconstruction project along the Hudson River at the Port of Albany’s Cargill lease site. The proposed project consists of the reconstruction of 840 linear feet of existing wharf and the addition of associated infrastructure to support port operations.  

            The stated purpose of the proposed action is “to allow for current and additional deep-water port activities to continue in a safe manner, including vessel docking and loading/unloading, including container-on-barge and heavy lift project cargo handling operations.”

Any interested parties and/or agencies desiring to express their views concerning any of the above proposed activities may do so by filing their comments, in writing, no later than 4:30 p.m., February 02, 2017.

Comments should be addressed to the Consistency Review Unit, New York State Department of State, Office of Planning and Development, One Commerce Plaza, 99 Washington Avenue, Albany, New York 12231. Telephone (518) 474-6000; Fax (518) 473-2464. Electronic submissions can be made by email at: CR@dos.ny.gov.

This notice is promulgated in accordance with Title 15, Code of Federal Regulations, Part 930.

       


Local Waterfront Revitalization Program


There are no notices at this time.


Coastal Management Program


The New York State Department of State (DOS) published a public notice in the State Register on September 14, 2016 requesting public comment on a Routine Program Change to the New York State Coastal Management Program, submitted by DOS to the National Oceanic and Atmospheric Administration’s Office for Coastal Management pursuant to 15 C.F.R. § 923. 84(b).  DOS subsequently was made aware of technical errors in the document and DOS website address provided in the public notice.  In recognition of these difficulties and to provide for adequate public comment, DOS is extending the public comment period an additional week, to expire October 12.  As of September 19, correct materials have been available at the following link:   http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf

Any comments on whether or not the action constitutes a Routine Program Change should be submitted within one week of the date of this Notice to:
Jeffrey L. Payne, Ph.D., Director 
Office for Coastal Management
National Ocean Service, U.S. Department of Commerce
1305 East West Highway
Silver Spring, MD 20910-9997
Further information on this action may be obtained by contacting:
Sandra Allen, Deputy Secretary of State
Office of Planning and Development
New York State Department of State
99 Washington Avenue, Suite 1010
Albany, NY 12231-0001
Phone (518) 474-6000

 

Introduction:  The Routine Program Change to the NYS Coastal Management Plan (CMP) is a programmatic action that edits the NYS CMP by updating the enforceable language and supporting policy explanation of Coastal Policy 29; incorporating recent state laws, regulations, administrative orders and other authorities that enforce the State’s forty-four coastal policies; making the NYS CMP consistent with current New York State policy language as a result of these recent laws, regulations and other authorities; and removing typographical errors and inconsistencies along with making other style and formatting edits.  The Routine Program Change to the CMP does not change the State’s statutory or regulatory regime, but rather simply incorporates recent laws, regulations and other authorities already in force in New York State.  Table 2, Federal Activities, Affecting Land and Water Uses and Natural Resources in the Coastal Zone of New York State, has no substantive changes, no new listing of authorities, and no new geographic location descriptions (GLDs). 

The complete Routine Program Change with appendices may be found at: http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf


The complete Coastal Assessment Form with Coastal Consistency Declaration may be found at:http://www.dos.ny.gov/opd/pdf/CAF RPC2016CMP.pdf


The complete State Environmental Quality Review (SEQR) Short Environmental Assessment Form with Negative Declaration may be found at: http://www.dos.ny.gov/opd/pdf/SEQR EAF RPC2016CMP.pdf


Routine Program Change Notice

Pursuant to 15 C.F.R. § 923. 84(b), the New York State Department of State (DOS) has submitted to the National Oceanic and Atmospheric Administration’s Office of Ocean and Coastal Resource Management (OCM) a Routine Program Change to the New York State Coastal Management Program. DOS has requested concurrence of OCM in the determination that these actions constitute a Routine Program Change in accordance with 15 C.F.R. § 923.84.

The Coastal Zone Management Act of 1972, as amended,  and in accordance with 15 C.F.R. § 923.84,  mandates that New York State provide public notice of its Routine Program Change of New York State’s Coastal Management Program to the general public, local governments, other state agencies, and regional offices of relevant federal agencies. This notice solicits comments on whether or not the changes constitute an Routine Program Change under the Coastal Zone Management Act of 1972, as amended in accordance with 15 C.F.R. §§ 923.80 and 923.84.

The Routine Program Change to the New York State Coastal Management Program includes the updating of the language in enforceable Coastal Policy 29 including an updated policy explanation, an update to the state authorities supporting the New York State Coastal Management Program’s enforceable 44 coastal policies based on recent state laws, regulations and an administrative decision, and conforming edits to update program language and reflect current New York State policy.  The Routine Program Change also removes obsolete passages, agency titles, and general New York State policies (as distinguished from the enforceable coastal policies) that no longer apply to current, pending, or future federal license applications for licensing, permitting, or other forms of approval. These changes will have a beneficial effect on the enforceable coastal policies by providing for the timely and accurate review of proposed federal agency actions that will have reasonably foreseeable effects on the State’s coastal resources and uses.  The RPC also includes corrections of typographical errors and inconsistencies along with other style and formatting edits improving readability, clarity and uniformity in language. All edits will assist DOS in preparing future Routine Program Change submissions on a routine basis.

Copies of the Routine Program Change document are available for review in Albany at the New York State Department of State Office of Planning and Development offices at 99 Washington Avenue, Suite 1010, Albany, NY 12231 and can be located on the DOS website at: http://www.dos.ny.gov/opd/pdf/RPC2016CMPdraft.pdf  This action is an Unlisted Action and a Negative Declaration has been prepared pursuant to the SEQRA regulations at 6 NYCRR Part 617.

Any comments on whether or not the action constitutes a Routine Program Change should be submitted within three weeks of the date of this Notice to:

Jeffrey L. Payne, Ph.D., Director
Office for Coastal Management
National Ocean Service, U.S. Department of Commerce
1305 East West Highway
Silver Spring, MD 20910-9997

Further information on this action may be obtained by contacting:

Sandra Allen, Deputy Secretary of State
Office of Planning and Development
New York State Department of State
99 Washington Avenue, Suite 1010
Albany, NY 12231-0001
Phone (518) 474-6000

 


Brownfield Opportunity Areas Program Conformance Review