N.Y. Comp. Codes R. & Regs. tit. 6 § 646-4.7

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

Section 646-4.7 - Project classification in stormwater regulatory programs for the purpose of review

(a) Minor projects. The following development activities shall be considered to be minor projects:

(1) Any building, land clearing or development activity affecting less than 15,000 square feet.

(2) Creation of a two-lot, three-lot or four-lot subdivision which may result in the construction of no more than one single-family residential structure and related accessory structures per lot, and will require land clearing or alteration activities of less than 15,000 square feet per lot and less than 15,000 square feet total for any subdivision road.

(3) Any building, alteration or modification of a stormwater control measure, excluding maintenance, cleaning or repair of such stormwater control measure.

(b) Major projects.

(1) Any project not expressly exempted from regulation or defined as a minor project shall be a major project.

(2) The following may be considered to be major projects:

(i) Any part of the activity listed in paragraph (a)(1), (2) or (3) of this section which occurs on:

(a) soils of high potential for overland or through-soil pollutant transport;

(b) an area with a slope of 15 percent or greater when measured in any direction over a distance of 100 feet from the center of the proposed building site; or

(c) an area with a soil percolation rate slower than 60 minutes per inch.

(ii) Any minor project may be treated as a major project if such treatment is desirable due to specific site limitations or constraints, anticipated environmental impacts, or the need or advisability of additional public notice and comment. When determining whether to treat a minor project as a major project, the criteria to be considered shall include, but shall not be limited to, whether the site lies within or substantially contiguous to a:

(a) a critical environmental area established pursuant to SEQR;

(b) a wetland;

(c) a designated stream corridor, See 6 NYCRR 646-5;

(d) an area of significant habitat for any wildlife or plant species; or

(e) an area of particular scenic, historic or natural significance. The project sponsor of a minor project that will be treated as a major project shall be given a written statement of the reasons for such a determination.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-4.7

Amended New York State Register March 17, 2021/Volume XLIII, Issue 11, eff. 3/17/2021