N.Y. Comp. Codes R. & Regs. tit. 10 § 97.14
Current through Register Vol. 46, No. 45, November 2, 2024
Section 97.14 - Lists of department actions(a) The purpose of this action is to simplify the tasks of determining whether or not a proposed action may have a significant effect on the environment by identifying actions or classes of actions that are likely to have a significant effect and those which will not have a significant effect. Because of the complex and varied nature of department actions, the lists in this section are not all-inclusive. The omission from the list of an action does not mean that it is exempt from this Part, nor does it mean that it is automatically an action requiring environmental impact statement preparation. The criteria set forth in 6 NYCRR 617.11 and section 97.13 of this Part shall be used to determine significance with respect to actions not listed in this section. The following system is used in this section: (1) Type I. Actions or classes of actions that are more likely to require preparation of environmental impact statements.
(2) Type II. Actions or classes of actions which have been determined not to have a significant effect on the environment and which do not require environmental impact statements under this Part.
(3) Unlisted. Actions or classes of actions, not excluded or exempt, not listed as a type I or type II action in this Part.
(b)Lists.Note:
This Part does not apply to actions by private persons where ministerial department action is involved. The following lists are intended to cover only actions of the department or actions which must be approved, funded or otherwise acted upon by the department.
TYPE I
Type I actions or classes of actions are likely to, but will not necessarily, require preparation of environmental impact statements. The following are type I department actions or classes of actions:
(1) Project approval and/or construction funding of a facility subject to article 28 of the Public Health Law which meets or exceeds any of the following thresholds; or the expansion of a facility subject to article 28 of the Public Health Law by more than 50 percent of any of the following thresholds, providing that the expansion and existing facilities, when combined, meet or exceed any threshold contained in this section:(i) a project or action which involves the physical alteration of 10 acres;(ii) a project or action which would use ground or surface water in excess of 2,000,000 gallons per day;(iii) parking for 1,000 vehicles;(iv) in a city, town or village having a population of 150,000 persons or less, a facility with more than 100,000 square feet of gross floor area;(v) in a city, town or village having a population of more than 150,000 persons, a facility with more than 240,000 square feet of gross floor area.(2) Initial plan approval: (i) public water systems, community and noncommunity;(ii) realty subdivisions;(iv) public swimming pools;(v) public bathing beaches;(vi) children's camps (summer day and overnight);(ix) travel vehicle parks and campsites.(3) Approval or funding of insect control programs.(4) Any action (unless the action is designated for the preservation of the facility or site) occurring wholly or partially within, or contiguous to, any facility or site listed on the National Register of Historic Places, or any historic building, structure or site, or prehistoric site, that has been proposed by the Committee on the Registers for consideration by the New York State Board for Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in said National Register.(5) Any structure exceeding 100 feet above original ground level in a locality without any zoning regulation to height. TYPE II
The following type II actions or classes of action by the department are ministerial or have been determined not to have a significant effect on the environment and do not require environmental impact statements under this Part:
(1) issuance of any permit, certification or registration which does not relate to construction;(2) license and permit renewals where there will be no material change in permit conditions or the scope of permitted activities;(3) issuance of a birth or death certificate, or other vital record;(4) replacement of a facility, in kind, on the same site unless such facility meets any of the criteria set forth to section 97.13 of this Part;(5) construction or placement of minor structures accessory or appurtenant to existing facilities, including garages, carports, patios, home swimming pools, fences, barns or other buildings not changing land use or density;(6) maintenance of existing landscaping or natural growth;(7) information collection, including basic data collection and research, master plan study components, water quality and pollution studies, traffic counts, engineering studies, boring studies, surveys and soils studies that are not a preliminary step towards any given type I project;(8) minor temporary uses of land having negligible or no permanent effect on the environment;(9) the extension of utility distribution facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions;(10) approval of an establishment, and/or construction application, submitted by or for a facility subject to article 28 of the Public Health Law, involving a change of name or ownership only, or a transfer of stock only, or involving reduction in the number of existing beds or the conversion of existing beds to the same or a lesser number of different level of care beds; and(11) review or approval of a certificate of incorporation, certificate of authority, amendment thereto, or similar document, when such review or approval is mandated by the Not-for-Profit Corporation Law or other similar law and when the certificate of incorporation, certificate of authority, amendment thereto, or similar document is not part of an establishment application.N.Y. Comp. Codes R. & Regs. Tit. 10 § 97.14