N.Y. Comp. Codes R. & Regs. tit. 9 § 586.5

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

Section 586.5 - Lists of actions

(a) Type I. The following actions are likely to require preparation of environmental impact statements (EIS's) because they are likely to have a significant effect on the environment:

(1) Review and action upon requests to amend the official Adirondack Park Land Use and Development Plan Map which would permit the construction of 50 or more principal buildings than presently allowed by the official map, or approval of any application or series of related applications to amend the map where the amendments would cumulatively exceed such threshold, except amendments pursuant to section 805(2)(c)(4) of the Adirondack Park Agency Act. A generic statement has been prepared upon the process by which the agency amends the official map.

(2) Recommendations to the Governor and Legislature of amendments to the official Adirondack Park Land Use and Development Plan Map.

(3) Additions to the classification of compatible uses lists, or recommendations to the Governor and Legislature of subtractions therefrom, pursuant to section 805(3)(b) of the Adirondack Park Agency Act.

(4) Approval of local land use programs.

(5) The approval of any rivers project which involves the construction of a boathouse, bridge, public road, trail for motorized open space recreational use, river area utility use that will be located within the applicable setback distance in section 577.6(b) of these regulations, or habitable structure (except a single family dwelling or mobile home), except:

(i) projects which are also subject to the jurisdiction of the agency or local government pursuant to section 809 or 808 of the Adirondack Park Agency Act, respectively;

(ii) projects which require a certificate of environmental compatibility and public need under article seven or eight of the Public Service Law; or

(iii) subdivisions of less than five lots, parcels or sites.

(6) The preparation and submission to the Governor of proposed major amendments of the master plan for the management of State lands pursuant to section 816(2) of the Adirondack Park Agency Act, including:

(i) any proposed reclassification of land from a more restrictive to a less restrictive category;

(ii) the designation of a new travel corridor;

(iii) material changes in the guidelines applicable to each classification;

(iv) any periodic review of the entire plan, as called for therein. A generic statement has been prepared on the process by which the agency proposes amendments to the plan.

(7) Preparation of minimum land use regulations, approval of local land use regulations, and framing of land use regulations pursuant to section 24-0805 of the Environmental Conservation Law.

(8) The transfer of agency jurisdiction over freshwater wetlands pursuant to section 24-0803 of the Environmental Conservation Law, including the determination of wetlands subject to the transfer.

(9) The approval of a land management plan pursuant to section 577.9 of these regulations.

(10) Revision to the rules and regulations of the agency which effects substantive changes in agency jurisdiction, or in the project review or map amendment functions, or in the local planning assistance program.

(b) Type II. The following actions do not have a significant effect on the environment and do not require an environmental impact statement:

(1) Contracting, including the contracting for or acceptance of professional and technical assistance or advice, or any funding or planning activities not in respect to type I actions listed in 6 NYCRR section 617.4 or in subdivision (a) of this section.

(2) The preparation and submission to the Governor of any amendments to the master plan for the management of State land not listed as a type I action in paragraph (a)(6) of this section.

(3) The adoption, amendment or repeal of rules and regulations, except for a revision listed in paragraph (a)(10) of this section.

(4) The approval of any rivers project not listed as a type I action in paragraph (a)(5) of this section.

(5) The approval of any wetlands project not subject to the jurisdiction of the agency pursuant to section 809 of the Adirondack Park Agency Act.

(6) The preparation and distribution of any report required by section 804(10) of the Adirondack Park Agency Act.

(7) The granting of individual variances and shoreline clustering permits pursuant to section 806 of the Adirondack Park Agency Act, the reversal of variances pursuant to section 808(3) of the Act, and the granting of individual variances pursuant to Part 577 of these regulations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 586.5