N.Y. Comp. Codes R. & Regs. tit. 19 § 1263.4

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

Section 1263.4 - List of actions

(a) The purpose of this section is to assist with the task of determining whether a proposed action may have a significant effect on the environment by identifying actions that are likely to have a significant effect and those that will not have a significant effect. Due to the complex and varied nature of the actions of the boards of review, the code council, the department, and the secretary, the list in subdivision c of this section is not all inclusive. The omission from the list of an action does not mean that it is exempt from this Part, nor does it mean that it is automatically an action requiring the preparation of an environmental impact statement.

(b) The criteria set forth in 6 NYCRR section 617.7 shall be used to determine significance with respect to actions not listed in this section.

(c) List.

(1) Type I actions are listed in 6 NYCRR section 617.4.

(2) The State-wide Type II list of actions is set forth in 6 NYCRR section 617.5. This list supplements the State-wide list of actions pursuant to 6 NYCRR section 617.5(b). Pursuant to 6 NYCRR section 617.5(b), the department has determined that the following actions would not have a potentially significant adverse impact on the environment and are not Type I actions listed in 6 NYCRR section 617.4, and therefore are not subject to further review under article 8 of the Environmental Conservation Law:

(i) Amendments to the Uniform Code in relation to any of the Statewide Type II list of actions set forth in 6 NYCRR section 617.5(c);

(ii) Amendments to the Energy Code in relation to any of the Statewide Type II list of actions set forth in 6 NYCRR section 617.5(c);

(iii) Uniform Code routine case variance decisions issued by the department pursuant to 19 NYCRR Part 1205;

(iv) Uniform Code variance decisions issued by the boards of review, provided that such decisions involve construction on an approved lot including provision of necessary utility connections as provided in 6 NYCRR section 617.5(c)(13) and the installation, maintenance and/or upgrade of a drinking well water or a septic system, or both, if any of the following conditions are applicable:

(a) construction relating to a one-family dwelling, two-family dwelling, townhouse, bed and breakfast dwelling, live/work unit located in a townhouse, or owner-occupied lodging house, or accessory structures to any such buildings;

(b) construction relating to an existing building or structure where the gross floor area of the building or structure does not exceed 10,000 square feet; or

(c) construction relating to a new building or structure where the gross floor area of the building or structure does not exceed 10,000 square feet; and

(v) Energy Code variance decisions issued by the secretary pursuant to section 11-106 of the Energy Law, provided that such decisions involve construction on an approved lot including provision of necessary utility connections as provided in 6 NYCRR section 617.5(c)(13) and the installation, maintenance and/or upgrade of a drinking well water or a septic system, or both, if any of the following conditions are applicable:

(a) construction relating to a one-family dwelling, two-family dwelling, townhouse, bed and breakfast dwelling, live/work unit located in a townhouse, or owner-occupied lodging house, or accessory structures to any such buildings;

(b) construction relating to an existing building or structure where the gross floor area of the building or structure does not exceed 10,000 square feet; or

(c) construction relating to a new building or structure where the gross floor area of the building or structure does not exceed 10,000 square feet.

N.Y. Comp. Codes R. & Regs. Tit. 19 § 1263.4

Adopted New York State Register October 18, 2023/Volume XLV, Issue 42, eff. 10/18/2023