N.Y. Comp. Codes R. & Regs. tit. 16 § 101.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 101.1 - Definitions

When used in this Part, the following definitions apply:

(a) Subsurface electric facilities means all underground cable and/or conduit, transformers and other associated equipment, manholes or any other subsurface structures, including poles and anchors, utilized to furnish electric service and owned or operated by any electric utility company under the jurisdiction of the New York State Public Service Commission.

(b) Gas transmission facilities means gas pipelines that:

(1) transport gas from a production or underground storage facility to a distribution center or underground storage facility;

(2) transport gas within a storage field; or

(3) operate at a pressure of 125 psig or more.

(c) Gas distribution facilities means gas pipelines other than gas transmission facilities and includes gas service lines.

(d) Liquid petroleum pipeline means a pipeline that either:

(1) transports liquid petroleum from a production or storage facility to a distribution center or storage facility; or

(2) transports petroleum within a production field; and

(3) is certified to operate at a pressure of 200 psig or more.

(e) Land used in agricultural production (as defined in Agriculture and Markets Law, section 301), means not less than 10 acres of land used as a single operation in the preceding two years for the production of an average gross sales value of $10,000 or more. For the purposes of this subdivision, whenever a crop is processed before sale, the average gross sales value shall be based upon the market value of such crop in its unprocessed state. Land used in agricultural production shall not include land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include:

(1) rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment;

(2) land of not less than 10 acres used as a single operation for the production for sale of crops, livestock or livestock products, exclusive of woodland products, which does not independently satisfy the gross sales value requirement, where such land was used in such production for the preceding two years and currently is being so used under a written rental arrangement of five or more years in conjunction with land which qualifies for an agricultural assessment;

(3) land used in support of a farm operation or land used in agricultural production, constituting a portion of a parcel, as identified on the assessment roll, which also contains land qualified for an agricultural assessment;

(4) farm woodland which is part of land which is qualified for an agricultural assessment, provided, however, that such farm woodland attributable to any separately described and assessed parcel shall not exceed 50 acres. For purposes of determining average gross sales value, proceeds from the sale of woodland products from farm woodland eligible to receive an agricultural assessment may be included up to a maximum annual amount of $2,000; and

(5) land set aside through participation in a Federal conservation program pursuant to title one of the Federal Food Security Act of 1985 or any subsequent Federal programs established for the purposes of replenishing highly erodible land which has been depleted by continuous tilling or reducing national surpluses of agricultural commodities.

(f) Cultivated land (as defined in 1 NYCRR section 370.2[j]) means land used for growing crops, hay, pasture, and permanent pasture for the preceding two years.

(g) Farm operator is a person who owns or leases land used in agricultural production.

(h) Double-ditching is a method of separately excavating and stockpiling the topsoil layer (i.e., the A horizon) of a respective soil from the subsoil/substratum layers.

(i) Sensitive resources means areas that are likely to be adversely affected by electric facility construction, including: wetlands; streams; waterbodies; springs; wells; rare, threatened and endangered species habitat; unique old forest stands; officially designated scenic areas; officially designated historical and cultural resources; soil resources contained in cultivated land requiring land management facilities and practices on or below the surface and specialty cropland (i.e.,vineyards, apiaries, hop fields, orchards, sugar bush, etc.).

(j) Noise-sensitive uses means those land uses which may be adversely affected by noise; for example, residences, schools, churches, cemeteries, hospitals and outdoor amphitheaters.

(k) Public R/W means the area within the territorial limits of any street, avenue, road or way that is for any highway purpose under the jurisdiction of the State of New York or a legislative body of any county, city, town or village, that is open to public use and that may be used for the placement of utility facilities.

(l) R/W (right-of-way) means a right to pass over, occupy or use another's land for placing and maintaining utility facilities.

(m) Direct buried cable installation by cable plowing means a procedure using specialized equipment which, in a linked sequence of operations, opens soils to the desired depth, places or lays in a utility service cable and replaces the temporarily disturbed surface soil.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 101.1