Consistent with Part 617 of Title 6 of NYCRR and the criteria found in § A118-12, the following are considered to be Type I actions or classes of actions which are likely to, but will not necessarily, require preparation of environmental impact statements because they will in almost every instance have a significant effect on the environment:
A. 
Construction of new (or expansion by more than 50% of existing size, square footage or usage of existing):
(1) 
Airports.
(2) 
Public institutions such as hospitals, schools and institutions of higher learning and correction facilities, major office centers.
(3) 
Road or highway sections (including bridges) which require an indirect source permit under 6 NYCRR Part 203.
(4) 
Parking facilities or other facilities with an associated parking area for 250 or more cars only if such facility would require an indirect source permit under 6 NYCRR Part 203.
(5) 
Dams with a downstream hazard of C classification under Environmental Conservation Law (ECL) § 15-0503.
(6) 
Stationary combustion installations operating at a total heating input exceeding one thousand million (1,000,000,000) Btu's per hour.
(7) 
Chemical pulp mills.
(8) 
Portland cement plants.
(9) 
Iron and steel plants.
(10) 
Primary aluminum ore reduction plants.
(11) 
Incinerators operating at a refuse charging rate exceeding 250 tons of refuse per twenty-four-hour day.
(12) 
Sulfuric acid plants.
(13) 
Petroleum refineries.
(14) 
Lime plants.
(15) 
By-product coke manufacturing plants.
(16) 
Storage facilities designed for or capable of storing one million (1,000,000,000) or more gallons of liquid natural gas, liquid petroleum gas or other liquid fuels.
(17) 
Sulfur recovery plants.
(18) 
Fuel conversion plants.
(19) 
Process, exhaust and/or ventilation systems emitting air contaminants assigned an environmental rating of A under 6 NYCRR Part 212 and whose total emission rate of such A-contaminants exceeds one pound per hour.
(20) 
Process, exhaust and/or ventilation systems from which the total emission rate of all air contaminants exceeds 50 tons per day.
(21) 
Sanitary landfills for an excess of 100,000 cubic yards per year of waste fill.
(22) 
Facilities, developments or projects which are to be directly located in one of the following critical areas:
(a) 
Tidal wetlands as defined in Article 25 of the ECL.
(b) 
Freshwater wetlands as defined in Article 24 of the ECL.
(c) 
Floodplains as defined in Article 36 of the ECL.
(d) 
Wild, scenic and recreational river areas designated in Title 27 of Article 15 of the ECL.
(23) 
Facilities, developments or projects having an adverse impact on any historic building, structure or site listed on the National Register of Historic Places or in the Statewide Inventory of Historical and Cultural Resources.
(24) 
Developments, projects or permanent facilities of a nonagricultural use in an agricultural district which require a permit, except those listed as Type II actions.
(25) 
Facilities, developments or projects which would generate more than 5,000 vehicle trips per any hour or more than 25,000 vehicle trips per any eight-hour period.
(26) 
Facilities, developments or projects which would use ground or surface water in excess of 2,000,000 gallons in any day.
(27) 
Industrial facilities which have a yearly average discharge flow, based on days of discharge, of greater than one-half (0.5) million gallons per day.
(28) 
Publicly or privately owned sewage treatment works which have an average daily design flow of more than one-half (0.5) million gallons per day.
(29) 
Residential developments that include 50 or more dwelling units.
(30) 
Lakes or other bodies of water with a water surface in excess of 200 acres.
B. 
Any funding, licensing or planning activities in respect of any of the types of construction listed in Subsection A above.
C. 
Application of pesticides or herbicides over more than 1,500 contiguous acres.
D. 
Clear-cutting of 640 or more contiguous acres of forest cover or vegetation other than crops.
E. 
The proposed adoption of comprehensive land use plans, zoning ordinances, building codes, comprehensive solid waste plans, state and regional transportation plans, water resource basin plans, comprehensive water quality studies, area-wide wastewater treatment plans, state environmental plans, local floodplain control plans and the like.
F. 
Commercial burial of radioactive materials requiring a permit under 6 NYCRR Part 380.
G. 
Any action which will result in excessive or unusual noise or vibration, taking into consideration the volume, intensity, pitch, time, duration and the appropriate land uses for both the source and the recipient of such noise or vibration.
H. 
Acquisition or sale by a public agency of more than 250 contiguous acres of land.
I. 
Any other Type I actions included in Part 617 of Title 6 of NYCRR.
Consistent with Part 617 of Title 6 of NYCRR and the criteria found in § A118-12, the following are considered Type II actions or classes of actions which have been determined not to have a significant effect on the environment and do not require environmental impact statements:
A. 
Construction or alteration of a single- or two-family residence and accessory appurtenant uses or structures not in conjunction with the construction or alteration of two or more such residences and not in one of the critical areas described herein for Type I actions.
B. 
The extension of utility facilities to serve new or altered single- or two-family residential structures or to render service in approved subdivisions.
C. 
Construction or alteration of a store, office or restaurant designed for an occupant load of 250 persons or less if not in conjunction with the construction or alteration of two or more stores, offices or restaurants and if not in one of the critical areas described herein for Type I actions and the construction of utility facilities to serve such establishments.
D. 
Actions involving individual setback and lot line variances and the like.
E. 
Agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures and land use changes consistent with generally accepted principles of farming.
F. 
Operation, repair, maintenance or minor alteration of existing structures, land uses and equipment.
G. 
Restoration or reconstruction of a structure in whole or in part being increased or expanded by less than 50% of its existing size, square footage or usage.
H. 
Repaving of existing highways not involving the addition of new travel lanes.
I. 
Street openings for the purpose of repair or maintenance of existing utility facilities.
J. 
Installation of traffic control devices on existing streets, roads and highways other than multiple fixtures on long stretches.
K. 
Mapping of existing roads, streets, highways, uses, ownership patterns and the like.
L. 
Regulatory activities not involving construction or changed land use relating to one individual, business, institution or facilities, such as inspections, testing, operating certification or licensing and the like.
M. 
Sales of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
N. 
Collective bargaining activities.
O. 
Operating, expense or executive budget planning, preparation and adoption not involving new programs or major reordering of priorities.
P. 
Investments by or on behalf of agencies or pension or retirement systems.
Q. 
Actions which are immediately necessary for the protection or preservation of life, health, property or natural resources.
R. 
Routine administration and management of agency functions not including new programs or major reordering of priorities.
S. 
Routine license and permit renewals where there is no significant change in preexisting conditions.
T. 
Routine activities of educational institutions which do not include capital construction.
U. 
Any other action included in Part 617 of Title 6 of NYCRR.
Consistent with Part 617 of NYCRR, the Environmental Quality Review Act shall not apply to: enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings; official acts of a ministerial nature involving no exercise of discretion; and maintenance or repair involving no substantial changes in existing structure or facility; as well as:
A. 
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.
B. 
Actions undertaken or approved prior to the effective dates of Article 8 of the Environmental Conservation Law; provided, however, that if after such dates the local agency proposes to modify an action undertaken or approved prior to such dates, such modification shall be an action subject to this chapter and Part 617 of Title 6 of NYCRR. An action shall be deemed to be undertaken or approved prior to such date if, in the case of construction activities, a contract for substantial construction activities has been entered into or if a continuous program of on-site construction or modification has been engaged in or if, in the case of an action involving federal participation, either a draft environmental impact statement or a negative declaration has been duly prepared under the National Environmental Policy Act of 1969.
C. 
Actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources.
D. 
Actions of the Legislature of the State of New York or of any court.
E. 
Any other exempt actions included in Article 8 of the Environmental Conservation Law and/or Part 617 of Title 6 of NYCRR.
Actions performed upon a given state of facts in a prescribed manner imposed by law without exercise of any judgment or discretion as to the propriety of the action do not require preparation of an environmental impact statement. Such actions shall include issuance of:
A. 
Building permits.
B. 
Mobile home park licenses.
C. 
Sign permits.
D. 
Mobile home permits.
Actions which are subject to federal environmental legislation shall be treated as follows:
A. 
Where there has been duly prepared under the National Environmental Policy Act of 1969 both a draft environmental impact statement and a final environmental impact statement for an action under consideration, the local agency shall have no obligation to prepare an environmental impact statement or make findings pursuant to these regulations so long as the environmental impact statements contain or are supplemented by a description of any growth-inducing aspects of the proposed action as well as a discussion of the effects of the action on energy use and conservation.
B. 
Where there has been duly prepared under the National Environmental Policy Act of 1969 a negative declaration or other written threshold detemination that the action will not require a federal impact statement, the local agency shall determine, pursuant to these regulations, whether or not the action may have a significant effect on the environment.
The local agency may identify programs or categories of actions which would most appropriately serve as the subject of a single environmental impact statement, and no further environmental impact statements need be prepared for actions which are included in such a statement.
A. 
Such broad program statements, master or area-wide statements or statements for comprehensive plans shall be appropriate to assess the environmental effects of:
(1) 
A number of separate actions in a given geographic area:
(2) 
A chain of contemplated actions;
(3) 
Separate actions having generic or common impacts; or
(4) 
Programs or plans having wide application or restricting the range of future alternative policies or projects and to eliminate multiple sequential reviews of the same or similar actions.
B. 
In preparing such a statement, the local agency shall develop procedures for amending or supplementing such statements to reflect impacts which are not addressed or adequately analyzed in such a statement as initially prepared. Such procedures shall include provision for informing the public and other agencies of the preparation of such amendments or supplements and for allowing comment thereon before incorporation of such amendments or supplements in said statement. Actions undertaken or approved in conformity with this section prior to the incorporation of such amendments shall require no further review.