Consistent with Part 617 of Title 6 of NYCRR and the criteria found in § 54-12 of these regulations, 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:
(1)
Airports.
(2)
Public institutions, such as hospitals, schools and
institutions of higher learning, correction facilities and major office
centers.
(3)
Road or highway sections, including bridges, which
require an indirect source permit under 6 NYCRR 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 203.
(5)
Dams with a downstream hazard of C classification
under the Environmental Conservation Law (ECL), § 15-0503.
(6)
Stationary combustion installations operating at a
total heating input exceeding 1,000,000,000 BTU's per hour.
(7)
Chemical pulp mills.
(8)
Portland cement plants.
(9)
Iron and steel plants.
(10)
Primary aluminum ore reduction plants.
(11)
Incinerators operating at a refuse charging rate exceeding
250 tons of refuse per twenty-four-hour day.
(12)
Sulfuric acid plants.
(13)
Petroleum refineries.
(14)
Lime plants.
(15)
By-product coke manufacturing plants.
(16)
Storage facilities designed for or capable of storing
5,000 or more gallons of liquid natural gas, liquid petroleum gas
or other liquid fuels.
(17)
Sulfur recovery plants.
(18)
Fuel conversion plants.
(19)
Process, exhaust and/or ventilation systems emitting
air contaminants assigned an environmental rating of A under 6 NYCRR
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:
(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 0.5 million
gallons per day.
(28)
Publicly or privately owned sewage treatment works
which have an average daily design flow of more than 0.5 million gallons
per day.
(29)
Residential developments that include five or more
dwelling units.
B.
Any funding, licensing or planning activities in respect to any of the types of construction listed in Subsection A above.
C.
Application of pesticides or herbicides over more
than 15 contiguous acres.
D.
Clearcutting of 10 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, areawide 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 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 § 54-12 of these regulations, 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 in this section 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 20 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;
land use changes consistent with generally accepted principles of
farming; and timber harvesting on farm woodland, as such is defined
under § 301 of the Agriculture and Markets Law, in accordance
with currently accepted best management practices of forestry.
[Amended 3-28-2011 by L.L. No. 2-2011]
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 or 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, expenses 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.
Minor silvicultural
practices including: tree pruning, tree seeding and planting, weeding
and releasing, noncommercial thinning, the improvement of cuttings
and demonstration plot, the cutting of not more than 10 trees per
acre in the saw timber class, which class shall include softwood trees
of nine inches' diameter or more and hardwood trees of 11 inches'
diameter or more at breast height.
[Added 3-28-2011 by L.L. No. 2-2011[1]]
V.
Forest management
practices, including construction, maintenance and repair of facilities
or structures and silvicultural activities consistent with current
best management practices of forestry accepted by the New York State
Department of Environmental Conservation, including but not limited
to: A Landowner's Guide to Building Forest Access Roads, by Richard
Wiest, USDA NA-TP-06-98, July 1998, and Best Management Practices
for Water Quality BMP Field Guide, New York State Forestry (Latest
Revision 2007).
[Added 3-28-2011 by L.L. No. 2-2011]
W.
Eradication
of alternate host plants of parasitic tree diseases using registered
herbicides applied on an individual plant basis.
[Added 3-28-2011 by L.L. No. 2-2011]
X.
Any other Type II action included in Part 617 of Title
6 of NYCRR.
[Amended 3-28-2011 by L.L. No. 2-2011]
Consistent with Part 617 of Title 6 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 the existing
structure or facility, as well as the following:
B.
Actions undertaken or approval prior to the effective
date of Article 8 of the Environmental Conservation Law.
(1)
Actions undertaken or approved prior to the effective
date of Article 8 of the Environmental Conservation Law shall be considered
exempt actions; 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.
(2)
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:
Actions which are subject to federal environmental
legislation shall be treated as follows:
A.
Where there has duly been 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 determination 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 areawide
statements or statements of 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.
(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 statement 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.
