Legislation
SECTION 883
Conceptual review
Executive (EXC) CHAPTER 18, ARTICLE 39
* § 883. Conceptual review. 1. The office at the request of the
director may, at the request of any person proceeding in accordance with
section eight hundred eighty-one of this article, provide a conceptual
review of a proposed business undertaking, project, or activity which
may require multiple permits, which will take place in phases over an
extended period of time, or which will involve substantial expense for
preparing detailed plans, specifications, and permit applications. Each
interested state agency shall participate in the conceptual review; and
the person shall provide such information in addition to that provided
in the master application as the state agencies shall reasonably
request.
2. After consideration of the master application and any additional
information, each interested state agency shall render to the person a
written conceptual review determination, which will provide an official
opinion as to the general acceptability of the proposed business
undertaking, project, or activity and which will state all permits which
such agency would require, the standards and conditions which would have
to be met in order to obtain approval of such permits, and any properly
related circumstances or findings.
3. Each interested state agency participating in the conceptual review
shall render the written conceptual review determination within a period
not exceeding sixty days from the date fixed by the director, provided,
however, that such period may be extended by the director at the request
of an interested state agency for the further consideration of the
master application and any additional information provided in accordance
with subdivision one of this section. The director shall advise the
person having requested the conceptual review of such extension, the
reasons therefor, and the revised period fixed by the director for
rendering the conceptual review determination; and such person shall be
entitled to confer with the office and with any state agency having been
granted an extension of time to ascertain what further information, if
any, is required to facilitate the conceptual review determination.
4. A conceptual review determination shall not relieve the person from
the responsibility of obtaining any required permits and shall be
contingent upon the submission of such detailed plans, specifications
and information as may be required for permit applications. A conceptual
review determination shall remain in effect indefinitely for the
proposed business undertaking, project, or activity as described in the
master application and any additional information submitted as part of
the conceptual review, provided, however, that if new permit
requirements or related standards, over which a state agency has no
control or discretion in establishing the effective date thereof,
subsequently become effective, such new permit requirements or standards
shall not be considered to have been part of the conceptual review
determination.
5. The office shall provide in its rules for the procedures to be
followed in the conduct of a conceptual review and shall coordinate the
delivery of conceptual review determinations to the person, provided,
however, that any state agency authorized to conduct a conceptual review
under other provisions of law may, in consultation with the person and
the director, elect to follow such provisions with respect to rendering
the conceptual review determination authorized by this section.
* NB Authority of office terminated per § 893 December 31, 1995
director may, at the request of any person proceeding in accordance with
section eight hundred eighty-one of this article, provide a conceptual
review of a proposed business undertaking, project, or activity which
may require multiple permits, which will take place in phases over an
extended period of time, or which will involve substantial expense for
preparing detailed plans, specifications, and permit applications. Each
interested state agency shall participate in the conceptual review; and
the person shall provide such information in addition to that provided
in the master application as the state agencies shall reasonably
request.
2. After consideration of the master application and any additional
information, each interested state agency shall render to the person a
written conceptual review determination, which will provide an official
opinion as to the general acceptability of the proposed business
undertaking, project, or activity and which will state all permits which
such agency would require, the standards and conditions which would have
to be met in order to obtain approval of such permits, and any properly
related circumstances or findings.
3. Each interested state agency participating in the conceptual review
shall render the written conceptual review determination within a period
not exceeding sixty days from the date fixed by the director, provided,
however, that such period may be extended by the director at the request
of an interested state agency for the further consideration of the
master application and any additional information provided in accordance
with subdivision one of this section. The director shall advise the
person having requested the conceptual review of such extension, the
reasons therefor, and the revised period fixed by the director for
rendering the conceptual review determination; and such person shall be
entitled to confer with the office and with any state agency having been
granted an extension of time to ascertain what further information, if
any, is required to facilitate the conceptual review determination.
4. A conceptual review determination shall not relieve the person from
the responsibility of obtaining any required permits and shall be
contingent upon the submission of such detailed plans, specifications
and information as may be required for permit applications. A conceptual
review determination shall remain in effect indefinitely for the
proposed business undertaking, project, or activity as described in the
master application and any additional information submitted as part of
the conceptual review, provided, however, that if new permit
requirements or related standards, over which a state agency has no
control or discretion in establishing the effective date thereof,
subsequently become effective, such new permit requirements or standards
shall not be considered to have been part of the conceptual review
determination.
5. The office shall provide in its rules for the procedures to be
followed in the conduct of a conceptual review and shall coordinate the
delivery of conceptual review determinations to the person, provided,
however, that any state agency authorized to conduct a conceptual review
under other provisions of law may, in consultation with the person and
the director, elect to follow such provisions with respect to rendering
the conceptual review determination authorized by this section.
* NB Authority of office terminated per § 893 December 31, 1995