N.Y. Environmental Conservation Law § 15-1709: Preliminary permits

§ 15-1709. Preliminary permits.

1. The department may issue preliminary permits for the purpose of

enabling applicants for a license hereunder to secure the data and to

perform the acts required by section 15-1707, provided, however, that

upon the filing of any application for a preliminary permit by any

person or public corporation, the department before granting such

application shall at once give notice of such application in writing to

any municipality which, in its judgment, is likely to be interested in

or affected by such application. Each such permit shall be for the sole

purpose of maintaining priority of application for a license under the

terms of title 17 of this article for such period or periods, not

exceeding a total of three years, as in the discretion of the department

may be necessary for making examinations and surveys, preparing maps,

plans, specifications and estimates, and making financial arrangements.

2. The permit shall set forth the conditions under which priority

shall be maintained and the license issued, and may prescribe any

condition of issuing the license for the protection of the interests of

the state. Only one preliminary permit at a time shall be issued and

outstanding for the same project. The same preference shall be accorded

by the department in considering applications for a preliminary permit

as is accorded in considering applications for a license. Each

preliminary permit shall require the permittee to proceed diligently and

immediately to secure the data and to perform the acts required by

section 15-1707.

3. All investigation work in connection with any operations carried on

under the preliminary permit shall be subject to the inspection of the

department, its agents and employees, and, from time to time upon the

request of the department, the permittee shall make full reports to the

department of the progress of the work carried on under the preliminary

permit, but such reports shall be confidential until final application

is made for the license, unless the department takes proceedings to

revoke the preliminary permit.

4. Permits shall not be transferable and may be cancelled by the

department upon failure of the permittee to comply with the conditions

thereof.