New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATION
Chapter I - Rules Generally
Part 15 - Procedures For Implementation Of State Environmental Quality Review Act
Section 15.11 - Criteria for determining whether an action may have a significant effect on the environment
Universal Citation: 17 NY Comp Codes Rules and Regs ยง 15.11
Current through Register Vol. 46, No. 12, March 20, 2024
(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.
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