N.Y. Comp. Codes R. & Regs. tit. 17 § 15.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 15.11 - Criteria for determining whether an action may have a significant effect on the environment

(a) An action may have a significant effect on the environment when the action can reasonably be expected to have one or more of the following effects:

(1) a substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems;

(2) the removal or destruction of large quantities of vegetation or fauna; the substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial adverse effects on a threatened or endangered species of animal or plant or the habitat of such a species; or other significant adverse effects to natural resources;

(3) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

(4) the creation of a material conflict with a community's current plans or goals as officially approved or adopted;

(5) the impairment of the character or quality of important historical, archaeological, architectural or aesthetic resources or of existing community or neighborhood character;

(6) a major change in the use of either the quantity or type of energy;

(7) the creation of a hazard to human health;

(8) a substantial change in the use, or intensity of use, of land, including agricultural, open spaces or recreational resources, or in its capacity to support existing uses;

(9) the creation of a material demand for other actions which would result in one of the above consequences;

(10) changes in two or more elements of the environment, no one of which has a significant effect on the environment, but when considered together result in a substantial adverse impact on the environment;

(11) two or more related actions directly undertaken, funded or permitted by the department, none of which has or would have a significant effect on the environment, but when considered cumulatively would meet one or more of the criteria in this section.

(b) For the purpose of determining whether an action will cause one of the foregoing consequences, the department will consider reasonably related long-term, short-term and cumulative effects, including other simultaneous or subsequent actions which are:

(1) included in any long-range plan of which the action under consideration is a part;

(2) likely to be undertaken as a result thereof; or

(3) dependent thereon.

(c) The significance of a likely consequence (that is, whether it is material, substantial, large or important) should be assessed in connection with:

(1) its setting (e.g., urban or rural);

(2) its probability of occurrence;

(3) its duration;

(4) its irreversibility;

(5) its geographic scope;

(6) its magnitude; and

(7) the number of people affected.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.11