As used in this Subchapter, other than in Subpart 85-1 of this Part:
The term facility or transmission facility does not include any electric transmission line located wholly underground in a city with a population in excess of 125,000, or a primary transmission line (as such term is used in the Federal Power Act [ 16 U.S.C. 791 --a-828c]) approved by the Federal Energy Regulatory Commission in connection with a hydroelectric facility or any fuel gas transmission line that is located wholly underground in a city or wholly within the right-of-way of a state, county or town highway or village street (as those terms are defined in article 1 of the Highway Law and article 6 of the Village Law), or that replaces an existing transmission line, including appurtenant facilities, and extends a distance of less than one mile.
N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-2.1