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Home My WebLink About20220862 190-194 Grand Area Variance SEQRSEQR Regulations – reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 11 of 40 617.5 § 617.5 T YPE II ACTIONS (a) Actions or classes of actions identified in subdivision (c) of this section are not subject to review under this Part, except as otherwise provided in this section. These actions have been determined not to have a significant impact on the environment or are otherwise precluded from environmental review under Environmental Conservation Law, article 8. The actions identified in subdivision (c) of this section apply to all agencies. (b) Each agency may adopt its own list of Type II actions to supplement the actions in subdivision (c) of this section. No agency is bound by an action on another agency's Type II list. The fact that an action is identified as a Type II action in an agency's procedures does not mean that it must be treated as a Type II action by any other involved agency not identifying it as a Type II action in its procedures. An agency that identifies an action as not requiring any determination or procedure under this Part is not an involved agency. Each of the actions on an agency Type II list must: (1) in no case, have a significant adverse impact on the environment based on the criteria contained in section 617.7(c) of this Part; and (2) not be a Type I action as defined in section 617.4 of this Part. (c) The following actions are not subject to review under this Part: (1) maintenance or repair involving no substantial changes in an existing structure or facility; (2) replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site, including upgrading buildings to meet building, energy, or fire codes unless such action meets or exceeds any of the thresholds in section 617.4 of this Part; (3) retrofit of an existing structure and its appurtenant areas to incorporate green infrastructure; (4) 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; (5) repaving of existing highways not involving the addition of new travel lanes; (6) street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; (7) installation of telecommunication cables in existing highway or utility rights of way utilizing trenchless burial or aerial placement on existing poles; (8) maintenance of existing landscaping or natural growth; SEQR Regulations – reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 12 of 40 617.5 (9) construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities; (10) routine activities of educational institutions, including expansion of existing facilities by less than 10,000 square feet of gross floor area and school closings, but not changes in use related to such closings; (11) construction or expansion of a single-family, a two-family or a three-family residence on an approved lot including provision of necessary utility connections as provided in paragraph (13) of this subdivision and the installation, maintenance or upgrade of a drinking water well or a septic system, or both, and conveyances of land in connection therewith; (12) construction, expansion or placement of minor accessory/appurtenant residential structures, including garages, carports, patios, decks, swimming pools, tennis courts, satellite dishes, fences, barns, storage sheds or other buildings not changing land use or density; (13) extension of utility distribution facilities, including gas, electric, telephone, cable, water and sewer connections to render service in approved subdivisions or in connection with any action on this list; (14) installation of solar energy arrays where such installation involves 25 acres or less of physical alteration on the following sites: (i) closed landfills; (ii) brownfield sites that have received a Brownfield Cleanup Program certificate of completion (“COC”) pursuant to ECL § 27-1419 and 6 NYCRR § 375-3.9 or Environmental Restoration Project sites that have received a COC pursuant to 6 NYCRR § 375-4.9, where the COC under either program for a particular site has an allowable use of commercial or industrial, provided that the change of use requirements in 6 NYCRR § 375-1.11(d) are complied with; (iii) sites that have received an inactive hazardous waste disposal site full liability release or a COC pursuant to 6 NYCRR § 375-2.9, where the Department has determined an allowable use for a particular site is commercial or industrial, provided that the change of use requirements in 6 NYCRR § 375-1.11(d) are complied with; (iv) currently disturbed areas at publicly-owned wastewater treatment facilities; SEQR Regulations – reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 13 of 40 617.5 (v) currently disturbed areas at sites zoned for industrial use; and (vi) parking lots or parking garages; (15) installation of solar energy arrays on an existing structure provided the structure is not: (i) listed on the National or State Register of Historic Places; (ii) located within a district listed in the National or State Register of Historic Places; (iii) been determined by the Commissioner of the Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places pursuant to sections 14.07 or 14.09 of the Parks, Recreation and Historic Preservation Law; or (iv) within a district that has been determined by the Commissioner of the Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places pursuant to sections 14.07 or 14.09 of the Parks, Recreation and Historic Preservation Law; (16) granting of individual setback and lot line variances and adjustments; (17) granting of an area variance for a single-family, two-family or three-family residence; (18) reuse of a residential or commercial structure, or of a structure containing mixed residential and commercial uses, where the residential or commercial use is a permitted use under the applicable zoning law or ordinance, including permitted by special use permit, and the action does not meet or exceeds any of the thresholds in section 617.4 of this Part; (19) the recommendations of a county or regional planning board or agency pursuant to General Municipal Law sections 239-m or 239-n; (20) public or private best forest management (silviculture) practices on less than 10 acres of land, but not including waste disposal, land clearing not directly related to forest management, clear-cutting or the application of herbicides or pesticides; (21) minor temporary uses of land having negligible or no permanent impact on the environment; (22) installation of traffic control devices on existing streets, roads and highways; (23) mapping of existing roads, streets, highways, natural resources, land uses and ownership patterns;