GENERAL AND MULTI-MODAL
Any action listed as type II by another agency in that agency's duly adopted type II list, when such action is the subject of an application to the department by such agency for funding or permit approval.
Any action listed as type II by a lead SEQR agency in such agency's duly adopted type II list, when such action is the subject of an application to the department for funding or permit approval.
The continuation of presently existing permitted conditions or permitted activities without significant change.
The use of State-owned property pursuant to a lease or permit which continues the use of the land and/or structures in their present condition.
Minor temporary uses of land having negligible or no permanent effect on the environment.
The sale or disposal by public auction of buildings and/or property which has been determined to be surplus to transportation needs, provided that paragraph (d)(6) of this section is not violated.
The private sale to a current occupant of buildings and/or property which has been determined to be surplus to transportation needs.
Sale of surplus property other than land, radioactive materials, pesticides, herbicides or other hazardous materials.
The acquisition and use of transportation fleet, safety or maintenance vehicles or equipment, or the replacement, rehabilitation or conversion of same, including aircraft, buses, trains, trucks and the like, when such vehicles or equipment would be used in undertaking exempt acts or type II actions.
The acquisition and operation of transportation fleet, equipment and parts used to replace, rehabilitate or convert existing equipment.
The acquisition, installation or operation of traffic signal equipment and systems and other operational improvements within existing highway, railroad and waterway rights-of-way.
The acquisition and use of communications equipment.
Any action that rebuilds or restores a previously existing transportation facility or structure, at its prior site, where the prior size and usage of such facility will not be significantly exceeded, where the property involved has not been developed or converted to other uses and where paragraph (3) of subdivision (d) of this section is not violated.
Replacement or reconstruction in kind and function of existing transportation buildings or terminals (including maintenance buildings, garages and the like) at existing sites and not involving real estate acquisition, and provided that paragraphs (5) through (8) of subdivision (d) of this section are not violated.
The expansion, reconstruction, rehabilitation or replacement, at existing sites, of existing transportation maintenance areas, sites, buildings, facilities or equipment, not involving the acquisition of real estate, and provided that paragraphs (5) through (8) of subdivision (d) of this section are not violated; or, if real estate acquisition is involved, provided that any expansion is less than 50 percent of existing site area or building floor area and provided that none of the criteria listed in subdivision (d) of this section is violated.
The expansion, reconstruction, rehabilitation or replacement, at existing sites, of existing public transportation passenger terminal buildings (air, rail, bus, ferry, port, etc.) involving an expansion by less than 50 percent of existing site area or building floor area, and provided that none of the criteria listed in subdivision (d) of this section is violated.
Minor alterations to existing structures or equipment within existing property boundaries for transportation safety or operational purposes.
The expansion of an existing highway or waterway maintenance site by less than 50 percent of current size or usage, provided that none of the criteria listed in subdivision (d) of this section is violated.
The construction of new transportation buildings, terminals or stations within the boundaries of property already owned or used for transportation purposes, provided that the project would:
Installation of fencing to secure transportation properties or to prevent inadvertent entry of transportation right-of-way.
The construction or reconstruction of bikeways, walkways, pedestrian bridges and the like, where no more than minor amounts of right-of-way need be acquired, provided that paragraphs (5) through (7) of subdivision (d) of this section are not violated.
Replacement, reconstruction or rehabilitation of existing highway/railroad crossings and crossing bridges at present sites not involving significant expansion, and provided that none of the criteria listed in subdivision (d) of this section is violated.
All activities within the existing boundaries of a highway or waterway maintenance site, other than construction of new buildings or expansion of buildings, provided that paragraph (7) of subdivision (d) of this section is not violated.
The establishment and operation of security or safety practices and activities, not involving construction, within existing transportation facilities or structures.
The expansion or reduction, by less than 50 percent, of existing levels of service or operations of existing passenger or freight public transportation, on or within existing travel routes or paths.
The maintenance of existing levels of service by railroads, bus lines, motor carriers or other operators of transportation services, or the expansion of such services by less than 50 percent.
All nonconstruction actions for the purpose of maintaining existing levels or patterns of public transportation services or operations, or to restore such services or operations to previously existing levels or patterns, or to prevent abandonment or discontinuance of existing services.
Acceptance, rejection, approval or denial by the commissioner or his duly authorized agent of:
All physical inventories and monitoring conducted solely to inventory existing conditions or operations, including but not limited to: traffic counting, soil sampling, surveys, photologging, aerial photography, operations monitoring and the like.
The establishment and implementation of policies, regulations, procedures and the like, for the purpose of the routine administration, coordination, review and management activities of the department.
All policy, regulation and procedure making of the department which relates exclusively to type II or exempt acts.
The establishment of:
Preparing, maintaining and updating manuals, directives, procedures, guidelines and the like which do not commit the department to undertake new capital programs, which do not involve a major reordering of priorities and which meet all the conditions stated in paragraph (36) of this subdivision.
The preparation and adoption of minor revisions to the department's Environmental Action Plan, pursuant to Federal requirements.
Any policy, regulation, procedure making and other similar activities of the department, including the updating of same, provided that such actions:
HIGHWAYS
All highway and associated construction projects which do not violate any of the criteria contained in subdivision (d) of this section and which are of a scale and scope illustrated by the following:
The construction of new parking areas for fewer than 250 automobiles, or the expansion of an existing parking area by fewer than 250 automobile spaces, provided that no occupied dwelling units or principal structures of businesses are acquired and that paragraphs (5) through (8) of subdivision (d) of this section are not violated.
The construction and operation of new exclusive or preferential bus or high-occupancy-vehicle lanes and ramps within existing transportation rights-of-way, not involving any significant restriction on existing vehicular travel.
The establishment, installation and/or operation of the following:
The construction and operation of park-and-ride areas and associated facilities, services and amenities, where paragraphs (5) through (8) of subdivision (d) of this section are not violated.
The construction and operation of transit transfer terminal areas, other than park-and-ride areas and terminal buildings.
The construction, along existing highways, of bus and transit turnout bays, turning lanes and shelters.
The implementation of the directional and tourist-oriented replacement sign program on interstate, expressway and primary highways.
The issuance or approval of traffic regulations.
PUBLIC TRANSIT
The establishment, operation and administration of car-pooling, van-pooling or other shared-ride programs.
The institution and operation of new bus services or the expansion of existing services.
Increases or decreases in the service frequency of bus lines.
Approval or denial of a certificate or amendment or extension of a certificate allowing:
RAIL
Any resolution of a conflict between agencies as to the order of priority with respect to the exercise of a preferential right of acquisition, pursuant to section 18 of the Transportation Law.
Except for the types of projects listed below, all railroad construction, reconstruction, rehabilitation and preservation projects, and associated capital projects, within existing rail travel corridors, provided that no acquisition of real estate is involved and paragraphs (5) through (8) of subdivision (d) of this section are not violated; or, if real estate acquisition is involved, provided that none of the criteria listed in subdivision (d) of this section is violated. The following do not qualify as type II under this paragraph:
AIRPORT
The following airport development projects:
The acquisition, installation or operation of airport operational, maintenance or safety equipment for use within existing areas of operation of an existing airport, except for the establishment or relocation of instrument landing systems, approach lighting systems and runway-end identification lights.
All airport construction, reconstruction, rehabilitation and preservation projects and associated capital projects, other than terminal building and parking lot construction, within an existing airport's boundaries, provided that paragraphs (5) through (8) of subdivision (d) of this section are not violated; or, if real estate acquisition is involved, provided that none of the criteria listed in subdivision (d) of this section is violated. The following do not qualify as type II under this paragraph:
PORTS
The expansion, reconstruction, rehabilitation or replacement, at existing sites, of existing port and dock facilities not involving the acquisition of real estate and provided that paragraphs (5) through (8) of subdivision (d) of this section are not violated; or, if real estate acquisition is involved, provided that any expansion is less than 50 percent of existing site area or building floor area, and provided that none of the criteria listed in subdivision (d) of this section is violated.
N.Y. Comp. Codes R. & Regs. Tit. 17 § 15.14