N.Y. Comp. Codes R. & Regs. tit. 9 § 9500.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 9500.4 - Projects exempt from review

(a) No project described in subdivision (b) of this section shall be subject to review unless the project sponsor informs the commission in writing of the sponsor's desire to have the project reviewed, or the commission, at its discretion determines that the project might result in significant impairment of the scenic, historic, recreational, ecological, conservational or natural resources of the area and informs the project sponsor in writing of its intention to review the project.

(b) The following projects are exempt from review:

(1) residential projects consisting of five or less dwelling units;

(2) projects consisting of landscape improvements, interior alterations, ordinary improvements and repairs necessary for the maintenance of existing buildings, roads and other structures;

(3) electric power line projects of a rating of 69 KV or less, unless private right-of-way or easements are to be acquired;

(4) gas distribution line projects of six inches or less in diameter, unless private right-of-way or easements are to be acquired;

(5) water distribution line projects of 12 inches or less in diameter;

(6) sewer line projects of 12 inches in diameter; and

(7) all projects sponsored by the New York State Department of Transportation, the New York State Department of Environmental Conservation, and the New York State Office of Parks, Recreation and Historic Preservation unless such projects are to be reviewed at the discretion of the project sponsor or the commission as provided in subdivision (a) of this section.

(c) Projects for which an application for a certificate of environmental compatability and public need has been filed with the New York State Public Service Commission pursuant to articles VII and VIII of the Public Service Law are exempt provided that the commission has received notice of such filing in accordance with section 122 of article VII or section 142 of article VIII of such law.

(d) Projects located within the jurisdiction of a local government which has completed a comprehensive master plan and which has adopted and enforced land use controls such as zoning and land subdivision regulations in accordance with a memorandum of understanding with the commission are exempt.

(e) Projects jointly reviewed by the commission and another person when a memorandum of understanding for joint project review exists between the commission and the other person are exempt.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9500.4