N.Y. Comp. Codes R. & Regs. tit. 16 § 102.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 102.3 - Classes of areas

(a) For transmission lines in the following areas, the analysis required by section 102.4 of this Part must be included in the report of proposed construction:

(1) National and State parks, preserves, reservations, landmarks, and monuments formally so designated and acquired for their natural, scenic or cultural value by appropriate State and Federal agencies. (Included would be historic landmarks, national landmarks, national monuments and trails, and wild and scenic rivers.)

(2) Historic sites formally so designated by National or State agencies but without acquisition of rights or ownership sufficient for the purpose of preservation.

(3) Central business districts in cities and villages.

(4) Developed and partly developed residential areas with an existing density of one or more dwelling units per acre, as shown on approved subdivision maps, occupying a minimum contiguous area of 20 acres, all or a portion of which would be traversed by the proposed transmission facility right-of-way.

(b) Other areas for which reports, but without the analysis required by section 102.4 of this Part, are required are:

(1) Areas of outstanding natural or scenic value which are preserved by non-profit private agencies but which have not been formally so designated by national or State agencies.

(2) Areas of outstanding cultural value (e.g., attractive pastoral scenes, locations of noteworthy architectural and/or social import both within and outside specific sites) that have been formally designated by the appropriate governmental authority.

(3) Existing local (city, town, village and county) parks and open space areas that have been formally established by governmental or private authorities.

(4) Public and semipublic facilities such as cemeteries, educational, correctional and medical facilities and military installations.

(5) Existing light industrial and commercial areas (e.g., industrial parks, shopping centers, office building complexes).

(6) Partially developed residential areas where the subdivision will have an eventual population density of one or more dwelling units per acre, as shown on approved subdivision maps, comprising a minimum contiguous area of 20 acres or a portion of which is traversed by the proposed transmission facility right-of-way.

(7) Areas of outstanding cultural value (e.g., attractive pastoral scenes, locations of noteworthy architectural and/or social import both within and outside specific sites that lend attractiveness to a neighborhood or community) that have not been formally designated by governmental or private authority.

(8) Residential areas with less population density than those specified in preceding categories.

(9) Planned and zoned undeveloped light industrial, commercial and residential areas.

(10) Managed woodlands (e.g., commercial and other productive forests).

(11) Agricultural districts established in accordance with article 25-AA of the Agriculture and Markets Law, and other farmlands.

(12) Existing and planned heavy industrial areas.

(13) Woods and open lands other than those included within areas specified in any priority area above.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 102.3