N.Y. Comp. Codes R. & Regs. tit. 9 § 2550.15

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

Section 2550.15 - List of actions

(a) The purpose of this section is to simplify the task 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.

(b) Because of the complex and varied nature of actions, the lists in this section are not all inclusive. The omission from the lists of an action does not mean that it is exempt from this Part, nor does it mean that it is automatically an action requiring the preparation of an environmental impact statement. The criteria set forth in section 6 NYCRR 617.9 and this Part shall be used to determine significance with respect to actions not listed in this section.

(c) The following classification system is used in this section:

(1) Type I. Actions or classes of actions that are likely to require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment.

(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 or are exempt or ministerial action.

(d)

(1) The following are Type I actions:

(i) Community or site planning directly undertaken by the division.

(ii) A residential development outside any standard metropolitan statistical area as defined by the U.S. Census Bureau that includes 50 or more units in an unsewered area or 250 or more units in a sewered area or within a standard metropolitan statistical area that includes 50 or more units in an unsewered area or 2500 or more units in a sewered area.

(iii) Any facility, development or project which is to be directly located in one of the following critical areas:

(a) tidal wetlands as defined in article 25 of Environmental Conservation Law.

(b) fresh water wetlands as defined in article 24 of the Environmental Conservation Law.

(c) flood plains as defined in article 36 of the Environmental Conservation Law.

(d) wild, scenic and recreational rivers areas designated in title 27 of article 15 of the Environmental Conservation Law.

(iv) Any facility, development or project having an adverse impact on any historic or prehistoric building, structure or site listed on the National Register of Historic Places or in the Statewide Inventory of Historical and Cultural Resources.

(v) Amendments to urban renewal program activities.

(vi) Rules and regulations directly affecting the environment.

(2) The following are Type II actions or exempt actions:

(i) Actions taken pursuant to rent control statutes.

(ii) Actions taken pursuant to Emergency Tenant Protection Act statutes.

(iii) Routine administration and management of agency functions.

(iv) Operation, repair, maintenance or alteration of existing structures, land uses and equipment.

(v) Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 50 percent of the existing size, square footage or usage.

(vi) Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.

(vii) Research and information.

(viii) Capital grant low rent assistance.

(ix) Policy making activities, such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines which do not involve environmental considerations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2550.15