19 CRR-NY 1263.1NY-CRR
19 CRR-NY 1263.1
19 CRR-NY 1263.1
1263.1 Definitions.
(a) Action means any activity directly undertaken by the council except an exempt action as defined in this section, including, without limitation;
(1) licensing activities including approval or disapproval of a lease, permit, license, certificate or other entitlement for use or permission to act;
(2) planning activities such as site selection for other activities and the proposing, approval or disapproval of master or long range plans, zoning or other land use maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities; and
(3) policy making activities by the council including adoption modification or amendment of rules, regulation, procedures, policies and guidelines.
(b) Applicant means any person making an application or other request for council action.
(c) Agency shall mean any State department, agency, board, public benefit corporation, public authority or commission or any local agency, including any village, town, city, county, board, district, commission, governing body and other political subdivision of the State.
(d) Commissioner means the Commissioner of Environmental Conservation.
(e) Complete application means an application which, in the judgment of the division, contains sufficient information on which to make a decision whether or not to approve an application.
(f) Council means the State Building Code Council.
(g) Department means the Department of Environmental Conservation.
(h) Division means Division of Housing and Community Renewal.
(i) Environment means the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character.
(j) Environmental analysis means division evaluation of the short and long term, primary and secondary environmental effects of an action, with particular attention to the same areas of environmental impacts as would be contained in an EIS. It is the means by which the council determines whether an action under consideration may or will not have a significant effect on the environment.
(k) Environmental impact statement (EIS) means a written document prepared in accordance with 6 NYCRR 617.6 and this Part. An environmental impact statement may either be a “draft” or a “final”.
(l) Environmental report shall mean a written report submitted to the council by an applicant who has declined to prepare an EIS requested by the council. It contains an analysis of the environmental factors specified in 6 NYCRR Part 617 and this Part, including the preparation of an EIS.
(m) Exempt action means any one of the following:
(1) enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings;
(2) ministerial actions;
(3) maintenance or repair involving not substantial changes in existing structure or facility;
(4) with respect to the requirements of subdivision 2 of section 8-0109 of article 8 of the Environmental Conservation Law, actions requiring a certificate of environmental compatibility and public need under articles VII and VIII of the Public Service Law and the consideration of, grant or denial of any such certificate;
(5) with respect to the requirements of subdivision 2 of section 8-0109 of article 8 of the Environmental Conservation Law, actions subject to the jurisdiction of the Adirondack Park Agency pursuant to section 809 of the Executive Law including actions of the Adirondack Park Agency thereunder, and actions subject to the jurisdiction of local governments pursuant to section 808 of the Executive Law including actions of such local governments thereunder.
(6) actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources; and
(7) actions of the Legislature of the State of New York or of any court.
(n) Ministerial action means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, although such law may require, in some degree, a construction of its language or intent.
(o) Negative declaration means a written statement prepared by the division after conducting an environmental analysis of an action which announces that the council has determined that the action will not leave a significant effect on the environment.
(p) Notice of determination means a written statement prepared by the division after conducting an environmental analysis that an action may have a significant effect on the environment.
(q) Person means any agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity.
(r) SEQR data sheet means a written description submitted to the division by an applicant in a form prescribed by the division providing an identification and analysis of the environmental impacts of proposed actions subject to the approval of the division. It shall also contain a brief discussion of reasonable alternatives to the proposed action that the applicant has considered that would avoid or minimize adverse environmental impacts.
(s) Type I action means an action contained in either (1) 6 NYCRR 617.12 or (2) section 1263.14 of this Part that is listed as likely to require the preparation of an environmental impact statement.
(t) Type II action means an action listed in either (1) 6 NYCRR 617.12 that the commissioner has found will not have a significant effect on the environment or (2) section 1263.14 of this Part that the council has determined will not have a significant effect on the environment or is an exempt action.
(u) Typical associated effect means changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles.
19 CRR-NY 1263.1
Current through October 31, 2021
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