New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter X - Power Authority Of The State Of New York
Part 461 - Implementation Of The State Environmental Quality Review Act
Section 461.6 - List of Type I actions
Universal Citation: 21 NY Comp Codes Rules and Regs ยง 461.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The purpose of the list of actions identified as Type I in this section is to identify those actions and projects that are more likely to require the preparation of EIS's than those not so listed (i.e., unlisted actions).
(b) The following actions are Type I if they are undertaken, funded or approved by the Power Authority:
(1) the adoption of a comprehensive resource
management plan;
(2) the
acquisition, sale, lease or other transfer of 100 or more contiguous acres of
land;
(3) construction of new
nonresidential facilities which meet or exceed any of the following thresholds;
or the expansion of existing nonresidential facilities by more than 50 percent
of any of the following thresholds, provided that the expansion and the
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; or
(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;
(4) any structure exceeding 100
feet above original ground level in a locality without any zoning regulation
pertaining to height;
(5) any
nonagricultural use occurring wholly or partially within an agricultural
district (certified pursuant to the Agriculture and Markets Law, article 25-AA,
sections 303 and 304) which exceeds 10 percent of any threshold established in
this section;
(6) any action
(unless the action is designed 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;
(7) any project or action, which exceeds 25
percent of any threshold in this section, occurring wholly or partially within
or substantially contiguous to any publicly owned or operated parkland,
recreation area or designated open space; and
(8) any action which exceeds the locally
established thresholds or, if no such thresholds are established, any action
which takes place wholly or partially within, or substantially contiguous to,
any critical environmental area designated by a local agency pursuant to 6
NYCRR 617.14.
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