A. 
Purpose; construal.
(1) 
The purpose of the list of actions identified as Type I in this section is to identify for agencies, project sponsors and the public those actions and projects that are more likely to require the preparation of environmental impact statements (EIS's) than those not so listed (i.e., "unlisted actions"). This Type I list is not exhaustive of those actions that an agency may determine to have a significant effect on the environment and to require the preparation of an EIS. Therefore, the fact that an action or project has not been listed as a Type I action does not carry with it the presumption that it will not have a significant effect on the environment. For all individual actions which are Type I or unlisted, the determination of significance must be made by comparing the impacts which may be reasonably expected to result from the proposed action with the criteria listed in Part 617.11.
(2) 
The Type I actions on this list are considered more likely to require the preparation of an EIS than other actions and are likely to involve review by more than one (1) governmental agency, and therefore, the procedural requirements for Type I actions are more extensive than for those unlisted actions (Part 617.6).[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
The following actions are Type I if they are directly undertaken, funded or approved by an agency:
(1) 
The adoption of a municipality's land use plan or zoning regulations or the adoption by any agency of a comprehensive resource management plan.
(2) 
The following changes in the allowable uses within any zoning district, affecting twenty-five (25) or more acres of the district:
(a) 
Authorizing industrial or commercial uses within a residential or agricultural district; or
(b) 
Authorizing residential uses within an agricultural district.
(3) 
The granting of a zoning change at the request of an applicant for an action that meets or exceeds one (1) or more of the thresholds given in other sections of this list.
(4) 
The acquisition, sales, lease or other transfer of one hundred (100) or more contiguous acres of land by a state or local agency.
(5) 
Construction of new residential units which meet or exceed the following thresholds:
(a) 
Ten (10) units in municipalities which have not adopted zoning regulations.
(b) 
Fifty (50) units not to be connected (at commencement of habitation) to community or publicly owned utilities.
(c) 
In a city, town or village having a population of less than one hundred fifty thousand (150,000): two hundred fifty (250) units to be connected (at the commencement of habitation) to community or publicly owned utilities.
(d) 
In a city, town or village having a population of greater than one hundred fifty thousand (150,000) but less than one million (1,000,000): one thousand (1,000) units to be connected (at the commencement of habitation) to community or publicly owned utilities.
(e) 
In a city or town having a population of greater than one million (1,000,000): two thousand five hundred (2,500) units to be connected (at the commencement of habitation) to community or publicly owned utilities.
(6) 
Construction of new nonresidential facilities which meet or exceed any of the following thresholds or the expansion of existing nonresidential facilities by more than fifty percent (50%) of any of the following thresholds, provided that the expansion and the existing facilities, when combined, meet or exceed any threshold contained in this section:
(a) 
A project or action which involves the physical alteration of ten (10) acres.
(b) 
A project or action which would use ground or surface water in excess of two million (2,000,000) gallons per day.
(c) 
Parking for one thousand (1,000) vehicles.
(d) 
In a city, town or village having a population of one hundred fifty thousand (150,000) persons or fewer: a facility with more than one hundred thousand (100,000) square feet of gross floor area.
(e) 
In a city, town or village having a population of more than one hundred fifty thousand (150,000) persons: a facility with more than two hundred forty thousand (240,000) square feet of gross floor area.
(7) 
Any structure exceeding one hundred (100) feet above original ground level in a locality without any zoning regulation pertaining to height.
(8) 
Any nonagricultural use occurring wholly or partially within an agricultural district (certified pursuant to the Agriculture and Markets Law, Article 25-AA, § 303) which exceeds ten percent (10%) of any threshold established in this section.
(9) 
Any action (unless the action is designated for the preservation of the facility or site) occurring wholly or partially within or contiguous to any facility or site listed on the National Register of Historic Places or any historic building, structure or site or prehistoric site that has been proposed by the Committee on the Registers for consideration by the New York State Board on Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in said National Register.
(10) 
Any project or action which exceeds twenty-five percent (25%) of any threshold in this section, occurring wholly or partially within or substantially contiguous to any publicly owned or operated park land, recreation area or designated open space.
(11) 
Any action which exceeds the locally established thresholds or, if no such thresholds are established, any action which takes place wholly or partially within or substantially contiguous to any critical environmental area designated by a local agency pursuant to Part 617.4.
A. 
Actions or classes of actions which have been determined not to have a significant effect on the environment are classified as Type II actions and do not require environmental impact statements or any other determination or procedure under this chapter.
B. 
Each agency may adopt its own Type II list, provided that it finds that each of the actions contained on it:
(1) 
Is no less protective of the environment than the list in this section; and
(2) 
Will in no case have a significant effect on the environment based on the criteria contained in 617.11 and any additional criteria contained in its procedures adopted pursuant to Part 617.4.
C. 
An agency may not designate as Type I any action on the Type II list.
D. 
The following actions are Type II actions:
(1) 
Replacement of a facility, in kind, on the same site unless such facility meets any of the thresholds in Part 617.13.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(2) 
The granting of individual setback and lot line variances.
(3) 
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.
(4) 
Repaving of existing highways not involving the addition of new travel lanes.
(5) 
Street openings for the purpose of repair or maintenance of existing utility facilities.
(6) 
Installation of traffic control devices on existing streets, roads and highways.
(7) 
Public or private forest management practices other than the removal of trees or the application of herbicides or pesticides.
(8) 
Construction or placement of minor structures accessory or appurtenant to existing facilities, including garages, carports, patios, home swimming pools, fences, barns or other buildings not changing land use or density.
(9) 
Maintenance of existing landscaping or natural growth.
(10) 
Mapping of existing roads, streets, highways, uses and ownership patterns.
(11) 
Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession.
(12) 
Sales of surplus government property other than land, radioactive material, pesticides, herbicides or other hazardous materials.
(13) 
Collective bargaining activities.
(14) 
Investments by or on behalf of agencies or pension or retirement systems.
(15) 
Routine or continuing agency administration and management, not including new programs or major reordering of priorities.
(16) 
License and permit renewals where there will be no material change in permit conditions or the scope of permitted activities.
(17) 
Routine activities of educational institutions which do not include capital construction.
(18) 
Information collection including basic data collection and research, master plan study components, water quality and pollution studies, traffic counts, engineering studies, boring studies, surveys and soils studies that are not a preliminary step towards any given Type I project.
(19) 
Minor temporary uses of land having negligible or no permanent effect on the environment.
A. 
Environmental impact statement.
(1) 
When an action subject to this chapter involves an applicant, the lead agency may charge a fee to the applicant in order to recover the actual costs of preparing or reviewing the EIS; provided, however, that an applicant may not be charged a separate fee for both the preparation and review of an EIS and provided further that any fee charged must reflect the actual costs to the lead agency for such preparation or review.
(2) 
Where an applicant does not choose to prepare the EIS, the agency shall provide the applicant, upon request, with an estimate of the costs for preparing such statement based on the total cost of the project for which funding or approval is sought.
B. 
Calculation of project costs.
(1) 
For residential projects, the total project cost shall be the cost of the land plus the cost of all site improvements required, not including the cost of buildings and structures.
(2) 
In the case of a residential project, the fee charged by an agency may not exceed two percent (2%) of the total project cost.
C. 
Construction projects.
(1) 
For nonresidential construction projects, the total project cost shall be the cost of supplying utility service to the project, the cost of site preparation and the cost of labor and material as determined with reference to a current cost data publication in common usage, such as Building Construction Cost Data by Means.
(2) 
In the case of construction projects, the fee charged may not exceed one-half of one percent (1/2 of 1%) of the total project cost.
D. 
Appeals procedure. When a dispute arises concerning fees charged to an applicant by a state agency, the applicant may make a written request to the agency setting forth reasons why it is felt that such fees are inequitable. Upon receipt of a request, the chief fiscal officer of the agency or his or her designee shall examine the agency record and prepare a written response to the applicant setting forth reasons why the applicant's claims are valid or invalid.
E. 
The technical services of the department may be made available to other agencies on a fee basis reflecting the costs thereof, and the fee charged to any applicant pursuant to Subsection A of this section may reflect such costs.