New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VI - General Regulations
Part 617 - State Environmental Quality Review
Section 617.4 - Type I actions
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 617.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The purpose of the list of Type I actions in this section is to identify, for agencies, project sponsors and the public, those actions and projects that are more likely to require the preparation of an EIS than Unlisted actions. All agencies are subject to this Type I list.
(1)
This Type I list is not exhaustive of those actions that an agency determines
may have a significant adverse impact on the environment and requires the
preparation of an EIS. However, the fact that an action or project has been
listed as a Type I action carries with it the presumption that it is likely to
have a significant adverse impact on the environment and may require an EIS.
For all individual actions which are Type I or Unlisted, the determination of
significance must be made by comparing the impacts which may be reasonably
expected to result from the proposed action with the criteria listed in section
617.7(c)
of this Part.
(2) Agencies may
adopt their own lists of additional Type I actions, may adjust the thresholds
to make them more inclusive, and may continue to use previously adopted lists
of Type I actions to complement those contained in this section. Designation of
a Type I action by one involved agency requires coordinated review by all
involved agencies. An agency may not designate as Type I any action identified
as Type II in section
617.5 of this
Part.
(b) The following actions are Type I if they are to be directly undertaken, funded or approved by an agency:
(1) the adoption of a
municipality's land use plan, the adoption by any agency of a comprehensive
resource management plan or the initial adoption of a municipality's
comprehensive zoning regulations;
(2) the adoption of changes in the allowable
uses within any zoning district, affecting 25 or more acres of the
district;
(3) the granting of a
zoning change, at the request of an applicant, for an action that meets or
exceeds one or more of the thresholds given elsewhere in this list;
(4) the acquisition, sale, lease, annexation
or other transfer of 100 or more contiguous acres of land by a state or local
agency;
(5) construction of new
residential units that meet or exceed the following thresholds:
(i) 10 units in municipalities that have not
adopted zoning or subdivision regulations;
(ii) 50 units not to be connected (at the
commencement of habitation) to existing community or public water and sewerage
systems including sewage treatment works;
(iii) in a city, town or village having a
population of 150,000 persons or less, 200 units to be connected (at the
commencement of habitation) to existing community or public water and sewerage
systems including sewage treatment works;
(iv) in a city, town or village having a
population of greater than 150,000 persons but less than 1,000,000 persons, 500
units to be connected (at the commencement of habitation) to existing community
or public water and sewerage systems including sewage treatment works;
or
(v) in a city or town having a
population of 1,000,000 or more persons, 1000 units to be connected (at the
commencement of habitation) to existing community or public water and sewerage
systems including sewage treatment works;
(6) activities, other than the construction
of residential facilities, that 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:
(i) a
project or action that involves the physical alteration of 10 acres;
(ii) a project or action that would use
ground or surface water in excess of 2,000,000 gallons per day;
(iii) parking for 500 vehicles in a city,
town or village having a population of 150,000 persons or less;
(iv) parking for 1,000 vehicles in a city,
town or village having a population of more than 150,000 persons;
(v) 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;
(vi) 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;
(7) any structure exceeding 100
feet above original ground level in a locality without any zoning regulation
pertaining to height;
(8) any
Unlisted action that includes a nonagricultural use occurring wholly or
partially within an agricultural district (certified pursuant to Agriculture
and Markets Law, article 25-AA, sections 303 and 304) and exceeds 25 percent of
any threshold established in this section;
(9) any Unlisted action (unless the action is
designed for the preservation of the facility or site), that exceeds 25 percent
of any threshold established in this section, occurring wholly or partially
within, or substantially contiguous to, any historic building, structure,
facility, site or district or prehistoric site that is listed on the National
Register of Historic Places (Volume 36 of the Code of Federal Regulations,
parts 60 and 63, which is incorporated by reference pursuant to section
617.17 of
this Part), or that is listed on the State Register of Historic Places or that
has been determined by the Commissioner of the Office of Parks, Recreation and
Historic Preservation to be eligible for listing on the State Register of
Historic Places pursuant to sections
14.07 or
14.09 of the Parks, Recreation and
Historic Preservation Law;
(10) any
Unlisted action, that 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,
including any site on the Register of National Natural Landmarks pursuant to 36
CFR part 62 ( which is incorporated by reference pursuant to section
617.17 of
this Part); or
(11) any Unlisted
action that exceeds a Type I threshold established by an involved agency
pursuant to section
617.14
of this Part.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.