17 CRR-NY App. A-17NY-CRR

17 CRR-NY App. A-17
17 CRR-NY App. A-17
(cf. ยง 185.2)
Type II actions:
The following type II actions or classes of actions have been determined by the department not to have a significant effect on the environment and do not require environmental impact statements. No individual action shall be considered a type II action if it would be located in a particularly sensitive environmental area where an otherwise insignificant impact could become significant as determined by the department.
(1) All actions designated as type II in 6 NYCRR 617.12.
(2) Minor reconstruction of an existing highway without making major capacity improvements, including such work as: shoulder widening; adding auxiliary lanes for local utility such as climbing, weaving, turning and speed change; and the correction of substandard curves, grades and sight distances. These projects shall qualify as type II only if the project requires:
(2) (a) less than three additional acres of right-of-way per mile;
(2) (b) less than 10 units of relocation per mile; and
(2) (c) no physical effect on unusual or unique areas including Federal- or State-registered historic sites, wetlands, parklands and floodplains.
(3) Reconditioning and preservation of an existing highway. These projects are essentially maintenance type work with improvements to correct substandard features. They include minor pavement and shoulder widenings, drainage improvements, resurfacing and replacement or repair of deteriorated roadway and structural elements. Minor amounts of additional right-of-way may be required.
(4) Spot correction of deteriorated or substandard elements of existing highway. These projects include minor work to accomplish a specific objective such as rehabilitation, demolition or replacement of deteriorated bridges or culverts; correction of a substandard feature. Minor amounts of additional right-of-way may be required.
(5) Installation of new or upgrading of existing roadside appurtenances. These projects are designed to maintain the operational standards of existing parkways and include installation of impact attenuators, highway lighting, guide rails, signs, delineators, intersection signals, traffic control devices, traffic surveillance systems, pavement markings, at-grade railroad protective devices, fencing, telephone communication systems and landscaping.
(6) Construction or acquisition of roadside facilities in isolated areas where water quality, wetlands and historical or archeological resources are not significantly affected. These projects are designed to increase the comfort, convenience and safety of highway users and include construction of a service area, a rest area or comfort station, purchase of scenic easements and right-of-way for sight distance purposes.
(7) The modification, reconstruction or expansion of an existing highway maintenance facility which will not increase its size or usage by more than 50 percent.
(8) Reconstruction, reconditioning or alterations to existing toll plaza facilities which do not expand their capacity by more than two toll lanes.
(9) The issuance of permits for:
(9) (a) The use of State-owned property for:
(9) (1) Accessory use by residential occupancies.
(9) (2) Municipal, religious, charitable or other public benefit purposes.
(9) (3) Commercial and industrial use of parcels smaller than 10 acres.
(9) (4) Any occupancy of less than 30 days.
(9) (5) Parking areas for less than 250 vehicles.
(9) (b) Minor work activities within the right-of-way.
(9) (c) Use of restricted vehicles, photography, surveys and other short-term occupancy.
(9) (d) Installation of underground utilities by others on parkway right-of-way.
(10) The sale or disposal of:
(10) (a) Buildings located on property which has been acquired for transportation purposes.
(10) (b) State-owned land which has been determined to be surplus to transportation needs, not exceeding 250 acres in contiguous area.
(10) (c) Surplus materials and equipment.
(11) Preparing, maintaining and updating manuals, directives, procedures, guidelines, etc. which do not commit the department to undertake new programs and which do not involve a major reordering of priorities.
(12) Review of environmental impact statements prepared by others.
(13) The conduct of studies and the establishment of standards, including:
(13) (a) Engineering research studies to evaluate materials, methods, equipment and procedures.
(13) (b) Establishing quality standards for engineering materials in accordance with accepted engineering practices.
(13) (c) Conducting studies to determine efficiency and safety of existing transportation systems.
(14) Defining the scope of services, negotiating and executing contracts with consultants for professional services.
(15) Issuance or approval of traffic regulations which do not have a statewide or regional effect.
(16) Training and training programs.
(17) The conduct, preparation or review of technical, engineering, economic, planning, environmental, toll collection, feasibility or research studies, reports or memoranda which are preliminary to and may support the formulation of proposal(s) for action(s) which do not commit to a particular course of action involving major environmental impacts.
(18) Planning, budgeting, cost estimation, preparation of work programs and other project process activities which do not commit to a particular course of action involving major environmental impacts.
(19) Stockpiling and storage of chemicals and abrasives for snow and ice control, including construction of storage facilities.
(20) Introduction of additional toll barriers or changes in toll rates which discourage rather than encourage overall use of private motor vehicles except as follows: (a) where an indirect source permit under 6 NYCRR Part 203 would be required for local streets receiving traffic diversions, or (b) where traffic diversions to local streets would increase noise levels by more than 14 dBA.
(21) Closing of private access drives and intersections or interchange connections with the department's parkways. Acquisition of private lands necessary therefor, not to exceed 50 acres.
(22) Preparation and adoption of new or revised transportation or master plans, studies or programs which are preliminary to and may support the formulation of proposal(s) for action(s) which do not commit to a particular course of action involving major environmental impacts.
(23) Decisions and actions involving the repair, restoration or reconstruction of a railroad crossing, at, above or below grade, when such crossing is being increased or expanded by less than 50 percent of its existing size or usage.
(24) All routine administration, coordination, review and management activities of the department.
(25) Issuance of bonds and notes.
Note to Appendix A-17: With respect to capital construction projects, many activities which might have been listed in this appendix as type II actions are the components of a project. These components may occur in the programming stage, the planning stage, the design stage or the construction stage. The entire project will be considered the "action" for the purpose of SEQR analysis.
17 CRR-NY App. A-17
Current through December 15, 2022
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.