N.Y. Comp. Codes R. & Regs. tit. 21 § 461.18

Current through Register Vol. 46, No. 50, December 11, 2024

Section 461.18 - Criteria for determination of significance

In order to determine whether a proposed Type I or unlisted action may have a significant effect on the environment, the impacts which may be reasonably expected to result from the proposed action must be compared against the criteria in this section, whether or not an EAF has been prepared. The following list is not exhaustive; however, these criteria are considered indicators of significant effects on the environment:

(a) a substantial adverse change in existing air quality, water quality or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding or drainage problems;

(b) the removal or destruction of large quantities of vegetation or fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; or substantial adverse effects on a threatened or endangered species of animal or plant, or the habitat of such a species;

(c) the encouraging or attracting of a large number of people to a place or places for more than a few days, compared to the number of people who would come to such place absent the action;

(d) the creation of a material conflict with a community's existing plans or goals as officially approved or adopted;

(e) the impairment of the character or quality of important historical, archeological, architectural or aesthetic resources or of existing community or neighborhood character;

(f) a major change in the use of either the quantity or type of energy;

(g) the creation of a hazard to human health or safety;

(h) a substantial change in the use, or intensity of use, of land or other natural resources or in their capacity to support existing uses;

(i) the creation of a material demand for other actions which would result in one of the above consequences;

(j) changes in two or more elements of the environment, no one of which has a significant effect on the environment, but which when taken together result in a substantial adverse impact on the environment; or

(k) two or more related actions undertaken, funded or approved by an agency, no one of which has or would have a significant effect on the environment, but which cumulatively meet one or more of the criteria in this section.

(1) For the purpose of determining whether an action will cause one of the foregoing consequences, the action shall be deemed to include other simultaneous or subsequent actions which are:

(i) included in any long-range plan of which the action under consideration is a part;

(ii) likely to be undertaken as a result thereof; or

(iii) dependent thereon.

(2) The significance of a likely consequence (i.e., whether it is material, substantial, large or important) should be assessed in connection with:

(i) its setting (i.e., urban or rural);

(ii) its probability of occurring;

(iii) its duration;

(iv) its irreversibility;

(v) its geographic scope; and

(vi) its magnitude.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 461.18