New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter XXXIII - State Fire Prevention and Building Code Council › Subchapter C - Other Regulations › Part 1263 - Implementation of State Environmental Quality Review Act › Section 1263.4 - List of actions

Current through Register Vol. 46, No. 28, July 10, 2024
(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.