Question B - Government Approvals, Funding, Or Sponsorship - Full EAF (Part 1)

Full Environmental Assessment Form (FEAF) Workbook

("Funding includes grants, loans, tax relief, and any other forms of financial assistance.)

Government Entity
a. City Council, Town Board, or Village Board of Trustees
b. City, Town or Village Planning Board or Commission
c. City Council, Town or Village Zoning Board of Appeals
d. Other local agencies
e. County agencies
f. Regional agencies
g. State agencies
h. Federal agencies
- - - - - - - - - - - - - - - - - - - -

Government Entities (questions B.a.-B.h.)

(For question B.i. Coastal Resources, scroll down the page)

This question asks the applicant or project sponsor to identify all the different agencies that have a role in permitting, approving, or funding their project. Identification of all agencies that must approve of, or fund a project is very important because it will:

  • Help the reviewing agency determine which other agencies need to be contacted to establish a lead agency, and to conduct a coordinated review.
  • Help make the approval process more efficient and consistent.
  • Help ensure that applicants do not miss any important steps in the review and approval process.
  • Help the reviewing agency know what other permits may be required prior to final approval at the municipal level.
  • Help the reviewing agency understand all the public funding commitments possible or needed for the project.

Many Type I actions will need approvals such as subdivision, site plan, or special use permits from the local municipality. Town Highway, County, and NYS Departments of Transportation (DOT) may require road access and design approval before a new road or driveway is built. Other communities may also require approval from a historic preservation board, architectural review board, or a conservation advisory board. Some regional agencies such as the Susquehanna River Basin Commission, Adirondack Park Agency, or New York City Department of Environmental Protection, may also have permits required for your project. Counties, through the General Municipal Law 239-m review referral requirements, can have a role in the review, but usually make only advisory recommendations on a proposed project. Some however, such as Nassau County's planning commission, may have jurisdiction over subdivision approvals and would be an involved agency. State and federal entities such as the NYS DEC, Department of State, US Army Corp of Engineers or US Environmental Protection Agency may also have permitting requirements. County planning agencies are a good source of information for what is required in a particular area.

Answering Questions B.a. through B.h.

Check the Yes box next to each government entity that will require or supply approval, funding, or sponsorship of the proposed project. List the names of each, and the approval, funding and/or sponsorship required or supplied. Also enter the date by which the application for such approval, funding, or sponsorship will occur in the space provided.

If you do not know what other approvals, permits or funding your project will require, you will need to do some research. This information can be found out by contacting one or more of the following:

Review the following list to see if any of the following permits may be needed for your project.

This outline is provided only as a partial list to assist you in identifying possible permits that may be needed. It is organized by general government entity similar to Question B. on the FEAF, with subheadings showing specific agencies that may require permits or approval.

City Council, Town Board, or Village Board of Trustees

  • Building permit or other local permits
  • Floodplain Construction Requirements, Federal National Flood Insurance Program
    • Construction in Floodways and Flood Plains
  • Historic District Permit or Certificate of Appropriateness
    • For construction in or alteration of a historic structure in a locally designated historic district
  • Water or Sewer District
    • Expansion or creation of a water or sewer district

City, Town, or Village Planning Board or Commission

  • Subdivision Approval
  • Site Plan Approval
  • Special Use Permit
  • Historic District Permit or Certificate of Appropriateness
  • Any activity as required in a local zoning law, subdivision law, or site plan review law

City, Town, or Village Zoning Board of Appeals

  • Area Variance
  • Use Variance
  • Special Use Permit

Other Local Agencies

Local Highway Department

  • Construction or reconstruction within the right-of-way of a local road
    • Including construction and repair of driveways, side roads, utility lines, drainage facilities

County Agencies

County Planning Agency
  • County Approval or recommendation for a referred application
    • Any project that requires a County review pursuant to 239-m or 239-n
County Highway Department
  • Construction within the right-of-way of a County Road
County Health Department
  • Siting and construction of residential and commercial onsite septic systems
  • Realty subdivisions

Regional Agencies

Adirondack Park Agency
  • Development in the Adirondack Park
New York City Department of Environmental Protection (DEP)
  • Crossing, Piping or Diversion Permit, in the New York City Watershed
    • Crossing a stream, diverting water from a stream, or piping water from a stream
  • Stormwater Pollution Prevention Permit, in the New York City Watershed
    • Whenever 2 or more acres located at least in part within the limiting distance of 100 feet of a watercourse or wetland or 300 feet from a reservoir or reservoir stem or on a slope exceeding 15% are disturbed
  • Siting and construction of onsite septic systems within the New York City Watershed
Other Regional Planning Agencies

State Agencies

NYS DOT
NYS DEC
  • Air Pollution Control
  • Coastal Erosion Control
  • Freshwater Wetlands
    • Draining, dredging, excavating, building a structure or road, placing fill or introducing any kind of pollution in a designated wetland
  • Mined Land Reclamation
  • Protection of Waters, including Dams and Docks
  • Public Water Supply and Long Island Wells
  • Solid and Hazardous Waste Management
  • State Pollutant Discharge and Elimination Systems (SPDES), including Stormwater permits
  • Tidal Wetlands
  • Wild, Scenic and Recreational Rivers
  • Article 15, Stream bank or Bed Disturbance
    • Any activity that would disturb the bank or bed of a regulated stream, including crossings, bridges, diversions, bank stabilization, etc.
  • Notice of Intent (NOI) and Preparation of a Stormwater Pollution Prevention Plan (SWPPP)
    • Whenever 1 acre or more of land is disturbed, the activity is controlled by the NY State Pollution Discharge Elimination System (SPDES)
  • Mining Permit
    • For all mining and gravel excavation of over 1,000 tons per year
  • Water Supply
    • Installation, acquisition, construction, or extension of water systems if the activity involves five or more service connections, regardless of the amount of water used
NYS Department of State (DOS)
NYS Department of Health (DOH)
NYS Office of Parks, Recreation, and Historic Preservation (OPRHP) / State Historic Preservation Office (SHPO)

Federal Agencies

Army Corps of Engineers (New York District, Regulatory Branch)
  • Army Corps of Engineer Permit or Water Quality Certification
    • Any activity that places greater than 25 cubic yards of fill below the ordinary high water mark
    • Any work in navigable waters, tributaries, adjacent wetlands, impoundments

Public funding sources that may apply to proposed projects

- - - - - - - - - - - - - - - - - - - -
i. Coastal Resources.
i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway?
If Yes,
ii. Is the project site located in a community with an approved Local Waterfront Revitalization Plan?
iii. Is the project site within a Coastal Erosion Hazard Area?

Coastal Resources (question B.i.)

The NYS Coastal Management Program is composed of a variety of programs and initiatives designed to help revitalize, promote, and protect New York's waterfronts and their communities. The Coastal Program works with local governments to prepare Local Waterfront Revitalization Programs, defining a local vision for the waterfront. The Coastal Program also provides technical assistance to communities, helping them to expand public access, restore habitats, protect water quality, reinvigorate urban waterfronts, strengthen local economies, reduce coastal hazards, and protect historic resources.

Coastal Area and Designated Inland Waterways

The NYS Department of State (DOS) is responsible for identifying, delineating, and mapping the state's coastal area and designated inland waterways in accordance with the Federal Coastal Zone Management Act (1972). The specific waterbodies included in the Coastal Area, and designated inland waterways, are listed in NYS Executive Law Article 42, §911.(find this law click on the link, click on EXC, click on Article 42, then click on 911) DOS maintains an online Coastal Atlas that identifies the state's coastal area boundaries. Clicking on the map will lead to successively more detailed maps of the viewers' interest.

Local Waterfront Revitalization Plan (LWRP)

A Local Waterfront Revitalization Plan/Program (LWRP) is a locally prepared, comprehensive land and water use plan for a community's natural, public, working and developed waterfront. The legal basis for development of an LWRP is explained in NYS Executive Law Article 42, §915. (find this law click on the link, click on EXC, click on Article 42, then click on 915)

DOS maintains a list of all NYS communities with an approved LWRP on their website.

Coastal Erosion Hazard Area

New York State DEC has created the Coastal Erosion Control Permit Program to ensure construction and other activities in coastal areas meet specific standards. The goal of these standards is to ensure a project:

  • is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the extent which the proposed activity requires a shoreline location
  • will not be likely to cause a measurable increase in erosion at the proposed site or other locations
  • prevents, if possible, or minimizes adverse effects on: natural protective features, existing erosion protection structures, and natural resources

DEC has identified areas within the coastal area that are particularly susceptible to erosion. Current maps are in paper form only and each community that has a Coastal Erosion Hazard Area (CEHA) should have a copy of these maps available. Municipalities with adopted LWRPs are likely to include these maps in their plan. If maps are not available at the municipality, The DEC regional office will have copies of the CEHA maps that fall within their jurisdiction.

Answering Question B.i.

The answer to parts B.i.i and B.i.ii for this question will be automatically inserted on the pdf generated by the EAF Mapper and a report generated. If the project site is within a coastal area or waterfront area on a Designated Inland Waterway, the EAF Mapper will check "yes" on the FEAF Part I pdf. If there is no coastal or waterfront area of a Designated Inland Waterway located within the project boundaries, the EAF Mapper will check "no" on the form. If a 'yes' answer is returned, the EAF Mapper will also identify if the project is in a community with an approved Local Waterfront Revitalization Program and will automatically check 'yes or 'no'. If the applicant or project sponsor believes the answer filled out by the EAF Mapper is incorrect, supplemental information should be provided that explains that discrepancy.

The EAF Mapper will not populate information for the Coastal Erosion Hazard Areas (CEHAs) (part B.i.iii). DEC is in the process of updating this information and when it is available it will be added to the EAF Mapper program. Information on CEHAs should be gathered from the DEC (see below).

If the EAF Mapper is not used to answer this question, you may search for data manually. Hot links provided below will provide the information needed to address these questions.

i. If the project site is within a Coastal Area or the waterfront area of a Designated Inland Waterway check yes, and then answer yes or no the next two parts of this question:

ii. Is the project site located in a community with an approved Local Waterfront Revitalization Plan?

iii. Is the project site within a Coastal Erosion Hazard Area?

Back to Part 1 (FEAF) Project and Setting || Continue to Part 1 (FEAF) Question C 1 Planning and Zoning Actions


This Page Covers
New York State
Icon