N.Y. Comp. Codes R. & Regs. tit. 17 § 15.12

Current through Register Vol. 46, No. 19, May 8, 2024

Section 15.12 - Exempt acts

The following acts have been determined to be exempt acts and are therefore not subject to the requirements of SEQR or this Part:

(a) Any act, decision or commitment required to be made within a specific time limit set by Federal law, rule, regulation, or set by other federally imposed requirement, where such time limit renders impact statement analysis impossible.

(b) All rehabilitation, maintenance and repair activities undertaken, funded or permitted by the department, involving no substantial changes in existing facilities, structures or equipment.

(c) The acquisition and use of equipment used to rehabilitate, maintain or repair existing transportation facilities, structures or equipment.

(d) All highway maintenance activities, including but not limited to:

(1) pavement maintenance;

(2) shoulder maintenance;

(3) roadside maintenance;

(4) maintenance of drainage systems;

(5) maintenance of stream channels;

(6) maintenance of bridges, including painting or repair by contract;

(7) snow and ice control;

(8) equipment maintenance;

(9) rest area maintenance;

(10) maintenance of traffic control;

(11) maintenance of pavement markings; and

(12) the execution of agreements for the maintenance of arterials.

(e) All waterways maintenance activities, including but not limited to:

(1) repair and replacement of riprap, concrete and bank protection;

(2) shore maintenance;

(3) all activities designed to prevent or halt leaks in the canal system; and

(4) excavating silt refill to restore channels to design dimensions, and removal of other debris from existing channels.

(f) Actions necessitated by emergencies, including but not limited to:

(1) cleanup of flood and storm damage;

(2) emergency local assistance;

(3) accident cleanup; and

(4) removal of ice jams.

(g) All ministerial acts, including those listed in section 15.3 of this Part.

(h) All suspensions or revocations of certificates or permits or other enforcement actions, after regulatory investigatory proceeding, for failure to comply with any provision of the Transportation Law or rule, regulation or order of the commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.12