N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-3.5

Current through Register Vol. 46, No. 36, September 4, 2024

Section 85-3.5 - Impacts deemed to not result in any significant adverse environmental impacts

The following are deemed to not result in any significant adverse environmental impacts:

(a) Visual impacts related to an increase in the height of any structures that are 10 feet or less or a change in the number of structures located on the right-of-way, unless such changes affect a protected viewshed including: landmark landscapes; wild, scenic or recreational rivers administered respectively by either the New York State Department of Environmental Conservation or the Adirondack Park Agency pursuant to Environmental Conservation Law article 15 or Department of Interior pursuant to 16 USC section 1271; forest preserve lands; scenic vistas specifically identified in the Adirondack Park State Land Master Plan; conservation easement lands; scenic byways designated by the Federal or State governments; Scenic districts and scenic roads, designated by the Commissioner of Environmental Conservation pursuant to Environmental Conservation Law article 49; designated New York State Coastal Area Scenic Areas of Statewide Significance; State parks or historic sites; properties listed or determined eligible for listing on the National or State Registers of Historic Places; areas covered by scenic easements, public parks or recreation areas; locally designated historic or scenic districts and scenic overlooks; and high-use public areas.

(b) Temporary construction access road stream crossings, other temporary access roads, or temporary facilities to facilitate construction provided reasonable avoidance or impact minimization efforts are available to assure minimization.

(c) Transient or temporary impacts related to construction, such as noise, preparation and use of lay down or staging areas, or air impacts, or non-transient impacts related to compliance with established electric system reliability and safety standards, such as danger tree clearing, so long as such impacts are mitigated to the extent practicable in accordance with best practices as determined by the Department of Public Service.

N.Y. Comp. Codes R. & Regs. Tit. 16 §§ 85-3.5

Adopted New York State Register May 5, 2021/Volume XLIII, Issue 18, eff. 4/16/2021