Consistent with Part 617 of Title 6 of NYCRR and the criteria found in §
A118-12, the following are considered to be Type I actions or classes of actions which are likely to, but will not necessarily, require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment:
A. Construction of new (or expansion by more than 50%
of existing size, square footage or usage of existing):
(2) Public institutions such as hospitals, schools and
institutions of higher learning and correction facilities, major office
centers.
(3) Road or highway sections (including bridges) which
require an indirect source permit under 6 NYCRR Part 203.
(4) Parking facilities or other facilities with an associated
parking area for 250 or more cars only if such facility would require
an indirect source permit under 6 NYCRR Part 203.
(5) Dams with a downstream hazard of C classification
under Environmental Conservation Law (ECL) § 15-0503.
(6) Stationary combustion installations operating at a
total heating input exceeding one thousand million (1,000,000,000)
Btu's per hour.
(10)
Primary aluminum ore reduction plants.
(11)
Incinerators operating at a refuse charging
rate exceeding 250 tons of refuse per twenty-four-hour day.
(15)
By-product coke manufacturing plants.
(16)
Storage facilities designed for or capable of
storing one million (1,000,000,000) or more gallons of liquid natural
gas, liquid petroleum gas or other liquid fuels.
(19)
Process, exhaust and/or ventilation systems
emitting air contaminants assigned an environmental rating of A under
6 NYCRR Part 212 and whose total emission rate of such A-contaminants
exceeds one pound per hour.
(20)
Process, exhaust and/or ventilation systems
from which the total emission rate of all air contaminants exceeds
50 tons per day.
(21)
Sanitary landfills for an excess of 100,000
cubic yards per year of waste fill.
(22)
Facilities, developments or projects which are
to be directly located in one of the following critical areas:
(a)
Tidal wetlands as defined in Article 25 of the
ECL.
(b)
Freshwater wetlands as defined in Article 24
of the ECL.
(c)
Floodplains as defined in Article 36 of the
ECL.
(d)
Wild, scenic and recreational river areas designated
in Title 27 of Article 15 of the ECL.
(23)
Facilities, developments or projects having
an adverse impact on any historic building, structure or site listed
on the National Register of Historic Places or in the Statewide Inventory
of Historical and Cultural Resources.
(24)
Developments, projects or permanent facilities
of a nonagricultural use in an agricultural district which require
a permit, except those listed as Type II actions.
(25)
Facilities, developments or projects which would
generate more than 5,000 vehicle trips per any hour or more than 25,000
vehicle trips per any eight-hour period.
(26)
Facilities, developments or projects which would
use ground or surface water in excess of 2,000,000 gallons in any
day.
(27)
Industrial facilities which have a yearly average
discharge flow, based on days of discharge, of greater than one-half
(0.5) million gallons per day.
(28)
Publicly or privately owned sewage treatment
works which have an average daily design flow of more than one-half
(0.5) million gallons per day.
(29)
Residential developments that include 50 or
more dwelling units.
(30)
Lakes or other bodies of water with a water
surface in excess of 200 acres.
B. Any funding, licensing or planning activities in respect of any of the types of construction listed in Subsection
A above.
C. Application of pesticides or herbicides over more
than 1,500 contiguous acres.
D. Clear-cutting of 640 or more contiguous acres of forest
cover or vegetation other than crops.
E. The proposed adoption of comprehensive land use plans,
zoning ordinances, building codes, comprehensive solid waste plans,
state and regional transportation plans, water resource basin plans,
comprehensive water quality studies, area-wide wastewater treatment
plans, state environmental plans, local floodplain control plans and
the like.
F. Commercial burial of radioactive materials requiring
a permit under 6 NYCRR Part 380.
G. Any action which will result in excessive or unusual
noise or vibration, taking into consideration the volume, intensity,
pitch, time, duration and the appropriate land uses for both the source
and the recipient of such noise or vibration.
H. Acquisition or sale by a public agency of more than
250 contiguous acres of land.
I. Any other Type I actions included in Part 617 of Title
6 of NYCRR.
Consistent with Part 617 of Title 6 of NYCRR and the criteria found in §
A118-12, the following are considered Type II actions or classes of actions which have been determined not to have a significant effect on the environment and do not require environmental impact statements:
A. Construction or alteration of a single- or two-family
residence and accessory appurtenant uses or structures not in conjunction
with the construction or alteration of two or more such residences
and not in one of the critical areas described herein for Type I actions.
B. The extension of utility facilities to serve new or
altered single- or two-family residential structures or to render
service in approved subdivisions.
C. Construction or alteration of a store, office or restaurant
designed for an occupant load of 250 persons or less if not in conjunction
with the construction or alteration of two or more stores, offices
or restaurants and if not in one of the critical areas described herein
for Type I actions and the construction of utility facilities to serve
such establishments.
D. Actions involving individual setback and lot line
variances and the like.
E. Agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures
and land use changes consistent with generally accepted principles
of farming.
F. Operation, repair, maintenance or minor alteration
of existing structures, land uses and equipment.
G. Restoration or reconstruction of a structure in whole
or in part being increased or expanded by less than 50% of its existing
size, square footage or usage.
H. Repaving of existing highways not involving the addition
of new travel lanes.
I. Street openings for the purpose of repair or maintenance
of existing utility facilities.
J. Installation of traffic control devices on existing
streets, roads and highways other than multiple fixtures on long stretches.
K. Mapping of existing roads, streets, highways, uses,
ownership patterns and the like.
L. Regulatory activities not involving construction or
changed land use relating to one individual, business, institution
or facilities, such as inspections, testing, operating certification
or licensing and the like.
M. Sales of surplus government property other than land,
radioactive material, pesticides, herbicides or other hazardous materials.
N. Collective bargaining activities.
O. Operating, expense or executive budget planning, preparation
and adoption not involving new programs or major reordering of priorities.
P. Investments by or on behalf of agencies or pension
or retirement systems.
Q. Actions which are immediately necessary for the protection
or preservation of life, health, property or natural resources.
R. Routine administration and management of agency functions
not including new programs or major reordering of priorities.
S. Routine license and permit renewals where there is
no significant change in preexisting conditions.
T. Routine activities of educational institutions which
do not include capital construction.
U. Any other action included in Part 617 of Title 6 of
NYCRR.
Consistent with Part 617 of NYCRR, the Environmental
Quality Review Act shall not apply to: enforcement or criminal proceedings
or the exercise of prosecutorial discretion in determining whether
or not to institute such proceedings; official acts of a ministerial
nature involving no exercise of discretion; and maintenance or repair
involving no substantial changes in existing structure or facility;
as well as:
A. Actions requiring a certificate of environmental compatibility and public need under Articles
VII and
VIII of the Public Service Law and the consideration of, grant or denial of any such certificate.
B. Actions undertaken or approved prior to the effective
dates of Article 8 of the Environmental Conservation Law; provided,
however, that if after such dates the local agency proposes to modify
an action undertaken or approved prior to such dates, such modification
shall be an action subject to this chapter and Part 617 of Title 6
of NYCRR. An action shall be deemed to be undertaken or approved prior
to such date if, in the case of construction activities, a contract
for substantial construction activities has been entered into or if
a continuous program of on-site construction or modification has been
engaged in or if, in the case of an action involving federal participation,
either a draft environmental impact statement or a negative declaration
has been duly prepared under the National Environmental Policy Act
of 1969.
C. Actions which are immediately necessary on a limited
emergency basis for the protection or preservation of life, health,
property or natural resources.
D. Actions of the Legislature of the State of New York
or of any court.
E. Any other exempt actions included in Article 8 of
the Environmental Conservation Law and/or Part 617 of Title 6 of NYCRR.
Actions performed upon a given state of facts
in a prescribed manner imposed by law without exercise of any judgment
or discretion as to the propriety of the action do not require preparation
of an environmental impact statement. Such actions shall include issuance
of:
B. Mobile home park licenses.
Actions which are subject to federal environmental
legislation shall be treated as follows:
A. Where there has been duly prepared under the National
Environmental Policy Act of 1969 both a draft environmental impact
statement and a final environmental impact statement for an action
under consideration, the local agency shall have no obligation to
prepare an environmental impact statement or make findings pursuant
to these regulations so long as the environmental impact statements
contain or are supplemented by a description of any growth-inducing
aspects of the proposed action as well as a discussion of the effects
of the action on energy use and conservation.
B. Where there has been duly prepared under the National
Environmental Policy Act of 1969 a negative declaration or other written
threshold detemination that the action will not require a federal
impact statement, the local agency shall determine, pursuant to these
regulations, whether or not the action may have a significant effect
on the environment.
The local agency may identify programs or categories
of actions which would most appropriately serve as the subject of
a single environmental impact statement, and no further environmental
impact statements need be prepared for actions which are included
in such a statement.
A. Such broad program statements, master or area-wide
statements or statements for comprehensive plans shall be appropriate
to assess the environmental effects of:
(1)
A number of separate actions in a given geographic
area:
(2)
A chain of contemplated actions;
(3)
Separate actions having generic or common impacts;
or
(4)
Programs or plans having wide application or
restricting the range of future alternative policies or projects and
to eliminate multiple sequential reviews of the same or similar actions.
B. In preparing such a statement, the local agency shall
develop procedures for amending or supplementing such statements to
reflect impacts which are not addressed or adequately analyzed in
such a statement as initially prepared. Such procedures shall include
provision for informing the public and other agencies of the preparation
of such amendments or supplements and for allowing comment thereon
before incorporation of such amendments or supplements in said statement.
Actions undertaken or approved in conformity with this section prior
to the incorporation of such amendments shall require no further review.