N.Y. Comp. Codes R. & Regs. tit. 21 § 2500.16

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2500.16 - Lists of actions

The purpose of this section is to simplify the task of determining whether or not a proposed action may have a significant effect on the environment by identifying for agencies actions or classes of actions that are likely to have a significant effect and those which will not have a significant effect. Because of the complex and varied nature of agency actions, the lists in this section are not all inclusive. The omission from the lists of an action does not mean that it is exempt from this Part, nor does it mean that it is automatically an action requiring environmental impact statement preparation. The criteria set forth in 6 NYCRR 617.9 shall be used to determine significance with respect to actions not listed in this section.

(a) Type I actions or classes of actions are likely to, but will not necessarily, require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment. The following physical activities of the authority are examples of Type I actions or classes of actions:

(1) The construction of new pavements, trails, structures or terrain features that exceed specific thresholds of cost, dimension and location set by the authority.

(2) The addition or modification of terrain features such as the creation of lakes, ponds and other bodies of standing water; plantation plantings; forest cutting; major changes in contours, slopes and landforms; dredging and filling on land or in water; drainage modification; disposal areas and landfills; the stabilization of dunes and accretionary processes; the operation of flow control systems; and, channel rehabilitation.

(3) The performance of certain maintenance activities such as: chemical treatments; road salting; fertilization and material stockpiling when these activities exceed the specific thresholds for cost, dimension and location set by the authority.

(b) Type II actions or classes of actions have been determined by the authority not to have a significant effect on the environment and do not require environmental impact statements unless the authority determines that such action would be located in a particularly sensitive environmental setting where an otherwise insignificant impact could become significant. The following physical activities of the authority are examples of Type II actions and classes of actions:

(1) Reconstruction and rehabilitation activities on existing pavement or trail such as: functional improvements; safety improvements; resurfacing; and, minor alignment modifications.

(2) The reconstruction and rehabilitation of existing structures such as: buildings; bridges; shore protection structures; docks; boat launching facilities; drainage and water systems; electrical, sanitary and other utility systems; swimming pools; and, fencing.

(3) The reconstruction, rehabilitation and replacement of features that have become part of the local natural or artifically-sustained terrain such as: replacement of non-native plantings; manipulation of surface drainage systems, culverts and canals; maintenance of water tables, beach regrading; and, slope stabilization and maintenance.

(4) Maintenance and emergency procedures such as: emergency pest control; snow removal; firefighting; neutralization of cave-ins and drill holes; and the work performed to mitigate the effects of landslides, oil spills, floods, rockfalls, tree falls, intense erosion, and the effects of extreme weather conditions.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2500.16