City Environmental Quality Review (CEQR) [Executive Order No. 91 of 1977, As Amended]

RCNY tit. 43, ch. 6

in effect

43 RCNY § 6-01 Applicability.

§ 6-01 Applicability. [Except as modified by City Planning Rules, 62 RCNY § 5-02(a) and (d).] No final decision to carry out or approve any action which may have a significant effect on the environment shall be made by any agency until there has been full compliance with the provisions of this chapter.

43 RCNY § 6-02 Definitions.

§ 6-02 Definitions. [Additional definitions, City Planning Rules 62 RCNY § 5-02(c).] As used herein, the following terms shall have the indicated meanings unless noted otherwise: Action. [Modified by City Planning Rules 62 RCNY § 5-02(c)(2).] "Action" means any activity of an agency, other than an exempt action enumerated in 43 RCNY § 6-04, including but not limited to the following: (1) non-ministerial decisions on physical activities such as construction or other activities which change the use or appearance of any natural resource or structure; (2) non-ministerial decisions on funding activities such as the proposing, approval or disapproval of contracts, grants, subsidies, loans, tax abatements or exemptions or other forms of direct or indirect financial assistance, other than expense budget funding activities; (3) planning activities such as site selection for other activities and the proposing, approval or disapproval of master or long range plans, zoning or other land use maps, ordinances or regulations, development plans or other plans designed to provide a program for future activities; (4) policy making activities such as the making, modification or establishment of rules, regulations, procedures, policies and guidelines; (5) non-ministerial decisions on licensing activities, such as the proposing, approval or disapproval of a lease, permit, license, certificate or other entitlement for use or permission to act. Agency. [Inapplicable. See City Planning Rules 62 RCNY § 5-02(a), 62 RCNY § 5-02(c).] "Agency" means any agency, administration, department, board, commission, council, governing body or any other governmental entity of the City of New York, unless otherwise specifically referred to as a state or federal agency. Applicant. "Applicant" means any person required to file an application pursuant to this chapter. Conditional negative declaration. "Conditional negative declaration" means a written statement prepared by the lead agencies after conducting an environmental analysis of an action and accepted by the applicant in writing, which announces that the lead agencies have determined that the action will not have a significant effect on the environment if the action is modified in accordance with conditions or alternatives designed to avoid adverse environmental impacts. DEC. "DEC" means the New York State Department of Environmental Conservation. Environment. "Environment" means the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution or growth, and existing community or neighborhood character. Environmental analysis. "Environmental analysis" means the lead agencies' evaluation of the short and long term, primary and secondary environmental effects of an action, with particular attention to the same areas of environmental impacts as would be contained in an EIS. It is the means by which the lead agencies determine whether an action under consideration may or will not have a significant effect on the environment. Environmental assessment form. [Retitled Environmental Assessment Statement; see City Planning Rules 62 RCNY § 5-04(c)(3).] "Environmental assessment form" means a written form completed by the lead agencies, designed to assist their evaluation of actions to determine whether an action under consideration may or will not have a significant effect on the environment. Environmental impact statement (EIS). "Environmental impact statement (EIS)" means any written document prepared in accordance with 43 RCNY §§ 6-08, 6-10, 6-12 and 6-13. An EIS may either be in a draft or a final form. Environmental report. "Environmental report" means a report to be submitted to the lead agencies by a non-agency applicant when the lead agencies prepares or cause to be prepared a draft EIS for an action involving such an applicant. An environmental report shall contain an analysis of the environmental factors specified in 43 RCNY § 6-10 as they relate to the applicant's proposed action and such other information as may be necessary for compliance with this chapter, including the preparation of an EIS. Lead agencies. [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by City Planning Rules 62 RCNY § 5-02(b)(1) and 62 RCNY § 5-02(c)(3)(vi); also see City Planning Rules 62 RCNY § 5-03 for choice of lead agency.] "Lead agencies" means the Department of Environmental Protection and the Department of City Planning of the City of New York, as designated by the Mayor pursuant to § 617.4 of Part 617 of Volume 6 of the New York Code of Rules and Regulations, for the purpose of implementing the provisions of Article 8 of the Environmental Conservation Law (SEQRA) in the City of New York, by order dated December 23, 1976. Ministerial action. "Ministerial action" means an action performed upon a given state of facts in a prescribed manner imposed by law without the exercise of any judgment or discretion as to the propriety of the action, although such law may require, in some degree, construction of its language or intent. Negative declaration. "Negative declaration" means a written statement prepared by the lead agencies after conducting an environmental analysis of an action which announces that the lead agencies have determined that the action will not have a significant effect on the environment. Notice of determination. [See also City Planning Rules 62 RCNY § 5-02(c)(3)(iii).] "Notice of determination" means a written statement prepared by the lead agencies after conducting an environmental analysis of an action which announces that the lead agencies have determined that the action may have a significant effect on the environment, thus requiring the preparation of an EIS. NYCRR. [See also City Planning Rules 62 RCNY § 5-02(c)(3)(viii).] "NYCRR" means the New York Code of Rules and Regulations. Person. "Person" means an agency, individual, corporation, governmental entity, partnership, association, trustee or other legal entity. Project data statement. [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by Environmental Assessment Statement, see City Planning Rules 62 RCNY § 5-04(c)(3). See also City Planning Rules 62 RCNY § 5-05(b)(1) and § 5-08(a).] "Project date statement" means a written submission to the lead agencies by an applicant on a form prescribed by the lead agencies, which provides an identification of an information relating to the environmental impacts of a proposed action. The project data statement is designed to assist the lead agencies in their evaluation of an action to determine whether an action under consideration may or will not have significant effect on the environment. SEQRA. "SEQRA" means the State Environmental Quality Review Act (Article 8 of the New York State Environmental Conservation Law). Typically associated environmental effect."Typically associated environmental effect" means changes in one or more natural resources which usually occur because of impacts on other such resources as a result of natural interrelationships or cycles. ULURP. "ULURP" means the Uniform Land Use Review Procedure (Section 197-c of Chapter 8 of the Charter).

43 RCNY § 6-03 Actions Involving Federal or State Participation.

§ 6-03 Actions Involving Federal or State Participation. (a) [See also City Planning Rules 62 RCNY § 5-04(e)] If an action under consideration by an agency may involve a "major federal action significantly affecting the quality of the human environment under the National Environmental Policy Act of 1969," then the following procedures shall apply: (1) in the case of an action for which there has been duly prepared both a draft EIS and a final EIS, no agency shall have an obligation to prepare an EIS or to make findings pursuant to 43 RCNY § 6-12. (2) in the case of an action for which there has been prepared a Negative Declaration or other written threshold determination that the action will not require a federal impact statement under the National Environmental Policy Act of 1969, the lead agencies shall determine whether or not the action may have a significant effect on the environment pursuant to this chapter, and the action shall be fully subject to the same. (b) [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Entire subdivision (b) superseded by City Planning Rules 62 RCNY § 5-03(j) and 62 RCNY § 5-04(d).] If an action under consideration by any agency may involve any state action which may have a significant effect on the environment under SEQRA, pursuant to which a state agency is required to comply with the procedures specified in 6 NYCRR 617, then the determination as to whether the state agency or the lead agencies shall be responsible for the environmental review shall be made on the basis of the following criteria: (1) the agency to first act on the proposed action; (2) a determination of which agency has the greatest responsibility for supervising or approving the action as a whole; (3) a determination of which agency has the more general governmental powers as compared to single or limited powers or purposes; (4) a determination of which agency has the greatest capability for providing the most thorough environmental assessment of the action; (5) a determination of whether the anticipated impacts of the action being considered are primarily of statewide, regional or local concern, e.g., if such impacts are primarily of local concern, the lead agencies shall conduct the environmental review. If this determination cannot be made within 30 days of the filing of an application, the Commissioner of DEC shall be requested, in writing, to make such determination.

43 RCNY § 6-04 Exempt Actions.

§ 6-04 Exempt Actions. [See also City Planning Rules 62 RCNY § 5-02(d).] The following actions shall not be subject to the provisions of this chapter: (a) projects or activities classified as Type I pursuant to 43 RCNY § 6-15 directly undertaken or funded by an agency prior to June 1, 1977 except that if such action is sought to be modified after June 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of [this chapter]; (1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-09. "Action" (1), (2), (3) and (4) of this chapter; (2) an action shall be deemed to be undertaken at the point that: (i) the agency is irreversibly bound or committed to the ultimate completion of a specifically designed activity or project; or (ii) in the case of construction activities, a contract for substantial construction has been entered into or if a continuous program of on-site construction or modification has been engaged in; or (iii) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or (iv) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively. (b) projects or activities classified as Type I pursuant to 43 RCNY § 6-15 of this chapter approved by an agency prior to September l, 1977 except that if such action is sought to be modified after September 1, 1977, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter; (1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-02, "Action" (2) and (5) of this chapter; (2) an action shall be deemed to be approved at the point that: (i) the agency gives final approval for the issuance to an applicant of a discretionary contract, grant, subsidy, loan or other form of financial assistance; or (ii) the agency gives final approval for the issuance to an applicant of a discretionary lease, permit, license, certificate or other entitlement for use or permission to act; or (iii) in the case of an action involving federal or state participation, a draft EIS has been prepared pursuant to the National Environmental Policy Act of 1969 or SEQRA, respectively. (c) projects or activities not otherwise classified as Type I pursuant to 43 RCNY § 6-15 directly undertaken, funded or approved by an agency prior to November 1, 1978 except that if such action is sought to be modified after November 1, 1978, which modification may have a significant adverse effect on the environment, then such modification shall be an action fully subject to the requirements of this chapter; (1) such actions include, but are not limited to, those actions defined in 43 RCNY § 6-02 "Action" of this chapter; (2) an action shall be deemed to be undertaken as provided in paragraphs (a)(2) and (b)(2) of this section, as applicable. (d) enforcement or criminal proceedings or the exercise of prosecutorial discretion in determining whether or not to institute such proceedings; (e) [See City Planning Rules 62 RCNY § 5-02(d).] ministerial actions, which shall appear on a list compiled, certified and made available for public inspection by the lead agencies, except as provided in 43 RCNY § 6-15(a), Type I, relating to critical areas and historic resources; (f) maintenance or repair involving no substantial changes in existing structures or facilities; (g) actions subject to the provisions requiring a certificate of environmental compatibility and public need in Article 7 and 8 of the Public Service Law; (h) actions which are immediately necessary on a limited emergency basis for the protection or preservation of life, health, property or natural resources; and (i) actions of the Legislature of the State of New York or of any court.

43 RCNY § 6-05 Determination of Significant Effect – Applications.

§ 6-05 Determination of Significant Effect – Applications. (a) [Inapplicable, City Planning Rules 62 RCNY § 5-02(a). Superseded by City Planning Rules 62 RCNY § 5-05(a). See also City Planning Rules 62 RCNY § 5-02(b)(2) and 62 RCNY § 5-02(d).] Each agency shall ascertain whether an application need be filed pursuant to this section, employing lists of actions, classified as either exempt, Type I or Type II pursuant to 43 RCNY §§ 6-04 and 6-15, respectively, which lists shall be certified by the lead agencies. (b) [Introductory paragraph inapplicable, City Planning Rules 62 RCNY § 5-02(a). Paragraph (b) superseded by City Planning Rules 62 RCNY § 5-08.] The applicant initiating the proposed action, other than an exempt or Type II action pursuant to 43 RCNY § 6-04, shall file an application with the lead agencies, which application shall include a Project Data Statement and such other documents and additional information as the lead agencies may require to conduct an environmental analysis to determine whether the action may or will not have a significant effect on the environment. Where possible existing City applications shall be modified to incorporate this procedure and a one-stop review process developed; (1) within 20 calendar days of receipt of a determination pursuant to 43 RCNY § 6-03(b), if applicable, the lead agencies shall notify the applicant, in writing, whether the application is complete or whether additional information is required; (2) [Determination pursuant to City Planning Rules 62 RCNY § 5-03(b) deemed to refer to lead agency selection pursuant to City Planning Rules 62 RCNY § 5-03. See City Planning Rules 62 RCNY § 5-02(b)(3).] when all required information has been received, the lead agencies shall notify the applicant, in writing, that the application is complete. (c) Each application shall include an identification of those agencies, including federal or state agencies, which to the best knowledge of the applicant, have jurisdiction by law over the action or any portion thereof. (d) Where appropriate, the application documents may include a concise statement or reasons why, in the judgment of the applicant, the proposed action is one which will not require the preparation of an EIS pursuant to this chapter. (e) Initiating applicants shall consider the environmental impacts of proposed actions and alternatives at the earliest possible point in their planning processes, and shall develop wherever possible, measures to mitigate or avoid adverse environmental impacts. A statement discussing such considerations, alternatives and mitigating measures shall be included in the application documents. (f) Nothing in this section shall be deemed to prohibit an applicant from submitting a preliminary application in the early stages of a project or activity for review and comment by the lead agencies.

43 RCNY § 6-06 Determination of Significant Effect – Criteria.

§ 6-06 Determination of Significant Effect – Criteria. (a) An action may have a significant effect on the environment if it can reasonably be expected to lead to one of the following consequences: (1) a substantial adverse change to ambient air or water quality or noise levels or in solid waste production, drainage, erosion or flooding; (2) the removal or destruction of large quantities of vegetation or fauna, the substantial interference with the movement of any resident or migratory fish or wildlife species, impacts on critical habitat areas, or the substantial affecting of a rare or endangered species of animal or plant or the habitat of such a species; (3) the encouraging or attracting of a large number of people to a place or places for more than a few days relative to the number of people who would come to such a place absent the action; (4) the creation of a material conflict with a community's existing plans or goals as officially approved or adopted; (5) the impairment of the character or quality of important historical, archeological, architectural or aesthetic resources (including the demolition or alteration of a structure which is eligible for inclusion in an official inventory of such resources), or of existing community or neighborhood character; (6) a major change in the use of either the quantity or type of energy; (7) the creation of a hazard to human health or safety; (8) a substantial change in the use or intensity of use of land or other natural resources or in their capacity to support existing uses, except where such a change has been included, referred to, or implicit in a broad "programmatic" EIS prepared pursuant to 43 RCNY § 6-13 of this chapter; (9) the creation of a material demand for other actions which would result in one of the above consequences; (10) changes in two or more elements of the environment, no one of which is substantial, but taken together result in a material change to the environment. (b) [Reference to 43 RCNY § 6-15 Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(b)(2).] For the purpose of determining whether an action will cause one of the foregoing consequences, the action shall be deemed to include other contemporaneous or subsequent actions which are included in any long-range comprehensive integrated plan of which the action under consideration is a part, which are likely to be undertaken as a result thereof, or which are dependent thereon. The significance of a likely consequence (i.e., where it is material, substantial, large, important, etc.) should be assessed in connection with its setting, its probability of occurring, its duration, its irreversibility, its controllability, its geographic scope and its magnitude (i.e., degree of change or its absolute size). 43 RCNY § 6-15 refers to lists of actions which are likely to have a significant effect on the environment and contains lists of actions found not to have a significant effect on the environment.

43 RCNY § 6-07 Determination of Significant Effect – Notification.

§ 6-07 Determination of Significant Effect – Notification. (a) [Error. Reference to 43 RCNY § 6-05(a) should be to 43 RCNY § 6-05(b).] The lead agencies shall determine within 15 calendar days following notification of completion of the application pursuant to 43 RCNY § 6-05(a) whether the proposed action may have a significant effect on the environment; (1) [Reference to 43 RCNY § 6-15(b) Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(b)(2).] In making their determination, the lead agencies shall employ the Environmental Assessment Form, apply the criteria contained in 43 RCNY § 6-06 and consider the lists of actions contained in 43 RCNY § 6-15; (2) The lead agencies may consult with, and shall receive the cooperation of any other agency before making their determination pursuant to this subdivision (a). (b) The lead agencies shall provide written notification to the applicant immediately upon determination of whether the action may or will not have a significant effect on the environment. Such determination shall be in one of the following forms: (1) Negative Declaration. [Reference to 43 RCNY § 6-15, Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See Rules 43 RCNY §§ 5-02(b)(2).] If the lead agencies determine that the proposed action is not an exempt action or a Type II action pursuant to 43 RCNY §§ 6-04 and 6-15, respectively, and that the action will not have a significant effect on the environment, they shall issue a Negative Declaration which shall contain the following information: (i) an action identifying number; (ii) a brief description of the action; (iii) the proposed location of the action; (iv) a statement that the lead agencies have determined that the action will not have a significant effect on the environment; (v) a statement setting forth the reasons supporting the lead agencies' determination. (2) Conditional Negative Declaration. [Reference to 43 RCNY § 6-15, Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(b)(2).] If the lead agencies determine that the proposed action is not an exempt action or a Type II action pursuant to 43 RCNY §§ 6-04 and 6-15, respectively, and that the action will not have a significant effect on the environment if the applicant modifies its proposed action in accordance with conditions or alternatives designed to avoid adverse environmental impacts, they shall issue a Conditional Negative Declaration impacts, they shall issue a Conditional Negative Declaration which shall contain the following information (in addition to the information required for a Negative Declaration pursuant to paragraph (1) of this subdivision): (i) a list of conditions, modifications or alternatives to the proposed action which supports the determination; (ii) the signature of the applicant or its authorized representative, accepting the conditions, modifications or alternatives to the proposed action; (iii) a statement that if such conditions, modifications or alternatives are not fully incorporated into the proposed action, such Conditional Negative Declaration shall become null and void. In such event, a Notice of Determination shall be immediately issued pursuant to paragraph (3) of this subdivision. (3) Notice of Determination. [Reference to 43 RCNY § 6-15 Type II list, deemed to be State Type II list of 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(b)(2).] If the lead agencies determine that the proposed action is not an exempt action or a Type II action pursuant to 43 RCNY §§ 6-04 and 6-15, respectively, and that the action may have a significant effect on the environment, they shall issue a Notice of Determination which shall contain the following information: (i) an action description number; (ii) a brief description of the action; (iii) the proposed location of the action; (iv) a brief description of the possible significant effects on the environment of the action; (v) a request that the applicant prepare or cause to be prepared, at its option, a draft EIS in accordance with 43 RCNY §§ 6-08 and 6-12. (c) [See additional circulation provisions, City Planning Rules 62 RCNY § 5-06(b) and 62 RCNY § 5-06(c). City Clerk function transferred to Office of Environ. Coord., City Planning Rules 62 RCNY §§ 5-02(b)(4).] The lead agencies shall make available for public inspection the Negative Declaration, Conditional Negative Declaration or the Notice of Determination, as the case may be, and circulate copies of the same to the applicant, the Regional Director of the DEC, the Commissioner of DEC, the appropriate Community Planning Board(s), the City Clerk, and all other agencies, including federal and state agencies, which may be involved in the proposed action.

43 RCNY § 6-08 Draft Environmental Impact Statements – Responsibility for Preparation.

§ 6-08 Draft Environmental Impact Statements – Responsibility for Preparation. (a) Non-agency applicants. (1) [Rules add formal scoping, City Planning Rules 62 RCNY § 5-07. Interested and involved agencies assist with DEIS on request. See City Planning Rules 62 RCNY § 5-05(b)(2).] After receipt of a Notice of Determination pursuant to 43 RCNY § 6-07(c)(3), a non-agency applicant shall notify the lead agencies in writing as to whether it will exercise its option to prepare or cause to be prepared a draft EIS, and as to whom it has designated to prepare the draft EIS, provided that no person so designated shall have an investment or employment interest in the ultimate realization of the proposed action; (2) [See also City Planning Rules 62 RCNY § 5-05(b)(3) for requirements of lead consultation on mitigations.] The lead agencies may prepare or cause to be prepared a draft EIS for an action involving a non-agency applicant. In such event, the applicant shall provide, upon request, an environmental report to assist the lead agencies in preparing or causing to be prepared the draft EIS and such other information as may be necessary. All agencies shall fully cooperate with the lead agencies in all matters relating to the preparation of the draft EIS. (3) If the non-agency applicant does not exercise its option to prepare or cause to be prepared a draft EIS, and the lead agencies do not prepare or cause to be prepared such draft EIS, then the proposed action and review thereof shall terminate. (b) Agency applicants. (1) When an action which may have a significant effect on the environment is initiated by an agency, the initiating agency shall be directly responsible for the preparation of a draft EIS. However, preparation of the draft EIS may be coordinated through the lead agencies. (2) [See City Planning Rules 62 RCNY § 5-05(b)(3)for requirements of lead consultation on mitigations.] All agencies, whether or not they may be involved in the proposed action, shall fully cooperate with the lead agencies and the applicant agency in all matters relating to the coordination of the preparation of the draft EIS. (c) Notwithstanding the provisions contained in subdivisions (a) and (b) of this section, when a draft EIS is prepared, the lead agencies shall make their own independent judgment of the scope, contents and adequacy of such draft EIS.

43 RCNY § 6-09 Environmental Impact Statements – Content.

§ 6-09 Environmental Impact Statements – Content. (a) [Lead to be guided by technical standards and methodologies developed by Office of Environ. Coord., City Planning Rules 62 RCNY § 5-04(c).] Environmental impact statements should be clearly written in a brief and concise manner capable of being read and understood by the public. Within the framework presented in subdivision (d) of this section, such statements should deal only with the specific significant environmental impacts which can be reasonably anticipated. They should not contain more detail than is appropriate considering the nature and magnitude of the proposed action and the significance of its potential impacts. (b) All draft and final EIS's shall be preceded by a cover sheet stating: (1) whether it is a draft or a final; (2) the name or other descriptive title of the action; (3) the location of the action; (4) the name and address of the lead agencies and the name and telephone number of a person at the lead agencies to be contacted for further information; (5) identification of individuals or organizations which prepared any portion of the statement; and (6) the date of its completion. (c) If a draft or final EIS exceeds ten pages in length, it shall have a table of contents following the cover sheet. (d) The body of all draft and final EIS's shall contain at least the following: (1) a description of the proposed action and its environmental setting; (2) a statement of the environmental impacts of the proposed action, including its short-term and long-term effects, and typically associated environmental effects; (3) an identification of any adverse environmental effects which cannot be avoided if the proposed action is implemented; (4) a discussion of the social and economic impacts of the proposed action; (5) a discussion of alternatives to the proposed action and the comparable impacts and effects of such alternatives; (6) an identification of any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented; (7) a description of mitigation measures proposed to minimize adverse environmental impacts; (8) a description of any growth-inducing aspects of the proposed action, where applicable and significant; (9) a discussion of the effects of the proposed action on the use and conservation of energy, where applicable and significant; (10) a list of underlying studies, reports or other information obtained and considered in preparing the statement; and (11) (for the final EIS only) copies or a summary of the substantive comments received in response to the draft EIS and the applicant's response to such comments. (e) An EIS may incorporate by reference all or portions of other documents which contain information relevant to the statement. The referenced documents shall be made available to the public in the same places where copies of the statement are made available. When a statement uses incorporation by reference, the referenced document shall be briefly described and its date of preparation provided.

43 RCNY § 6-10 Draft Environmental Impact Statements – Procedures.

§ 6-10 Draft Environmental Impact Statements – Procedures. (a) Notice of Completion. Upon the satisfactory completion of a draft EIS, the lead agencies shall immediately prepare, file and make available for public inspection a Notice of Completion as provided in paragraphs (1), (2) and (3) of this subdivision. Where a proposed action is simultaneously subject to the Uniform Land Use Review Procedure ("ULURP"), the City Planning Commission shall not certify an application pursuant to ULURP until a Notice of Completion has been filed as provided in paragraph (3) of this subdivision. (1) Contents of Notice of Completion. All Notices of Completion shall contain the following: (i) an action identifying number; (ii) a brief description of the action; (iii) the location of the action and its potential impacts and effects; and (iv) a statement that comments on the draft EIS are requested and will be received and considered by the lead agencies at their offices. The Notice shall specify the public review and comment period on the draft EIS, which shall be for not less than 30 calendar days from the date of filing and circulation of the notice, or not less than 10 calendar days following the close of a public hearing on the draft EIS, whichever last occurs. (2) Circulating Notice of Completion. All Notices of Completion shall be circulated to the following: (i) all other agencies, including federal and state agencies, involved in the proposed action; (ii) all persons who have requested it; (iii) the editor of the State Bulletin; (iv) the State clearinghouse; (v) the appropriate regional clearinghouse designated under the Federal Office of Management and Budget Circular A-95. (3) Filing Notice of Completion. All Notices of Completion shall be filed with and made available for public inspection by the following: (i) the Commissioner of DEC; (ii) the Regional Director of DEC; (iii) the agency applicant, where applicable; (iv) the appropriate Community Planning Board(s); (v) the City Clerk; (vi) the lead agencies. (b) Filing and availability of draft EIS. [City Clerk function transferred to OEC, City Planning Rules 62 RCNY § 5-02(b)(4).] All draft EIS's shall be filed with and made available for public inspection by the same persons and agencies with whom Notices of Completion must be filed pursuant to paragraph (a)(3) of this section. (c) Public hearings on draft EIS. (1) Upon completion of a draft EIS, the lead agencies shall conduct a public hearing on the draft EIS. (2) The hearing shall commence no less than 15 calendar days or more than 60 calendar days after the filing of a draft EIS pursuant to subdivision (b) of this section, except where a different hearing date is required as appropriate under another law or regulation. (3) Notice of the public hearing may be contained in the Notice of Completion or, if not so contained, shall be given in the same manner in which the Notice of Completion is circulated and filed pursuant to subdivision (a) of this section. In either case, the notice of hearing shall also be published at least 10 calendar days in advance of the public hearing in a newspaper of general circulation in the area of the potential impact and effect of the proposed action. (4) Where a proposed action is simultaneously subject to ULURP, a public hearing conducted by the appropriate community or borough board and/or the City Planning Commission pursuant to ULURP shall satisfy the hearing requirement of this section. Where more than one hearing is conducted by the aforementioned bodies, whichever hearing last occurs shall be deemed the hearing for purposes of this chapter.

43 RCNY § 6-11 Final Environmental Impact Statements – Procedures.

§ 6-11 Final Environmental Impact Statements – Procedures. (a) [Interested and involved agencies assist with FEIS on request, City Planning Rules 62 RCNY § 5-05(b)(2).] Except as provided in paragraph (1) of this subdivision, the lead agencies shall prepare or cause to be prepared a final EIS within 30 calendar days after the close of a public hearing. (1) If the proposed action has been withdrawn or if, on the basis of the draft EIS and the hearing, the lead agencies have determined that the action will not have a significant effect on the environment, no final EIS shall be prepared. In such cases, the lead agencies shall prepare, file and circulate a Negative Declaration as prescribed in 43 RCNY § 6-07. (2) The final EIS shall reflect a revision and updating of the matters contained in the draft EIS in light of further review by the lead agencies, comments received and the record of the public hearing. (b) Immediately upon the completion of a final EIS, the lead agencies shall prepare, file, circulate and make available for public inspection a Notice of Completion of a final EIS in a manner specified in 43 RCNY § 6-11(a), provided, however, that the Notice shall not contain the statement described in subparagraph (a)(1)(iv) of such section. (c) Immediately upon completion of a final EIS, copies shall be filed and made available for public inspection in the same manner as the draft EIS pursuant to 43 RCNY § 6-11(b).

43 RCNY § 6-12 Agency Decision Making.

§ 6-12 Agency Decision Making. (a) No final decision to carry out or approve an action which may have a significant effect on the environment shall be made until after the filing and consideration of a final EIS. (1) [Inapplicable, City Planning Rules, 62 RCNY § 5-02(a).] Except as provided in paragraph (2) of this subdivision where a final decision whether or not to carry out or approve an action is required by law to be made by any agency, such decision shall be made within 30 calendar days of the filing of a final EIS. (2) [Inapplicable, City Planning Rules, 62 RCNY § 5-02(a).] Where a proposed action is simultaneously subject to ULURP, the final decision whether or not to carry out or approve the action shall be made by the Board of Estimate or its successor agency within 60 calendar days of the filing of the final EIS. (b) When an agency decides to carry out or approve an action which may have a significant effect on the environment, it shall make the following findings in a written decision: (1) consistent with social, economic and other essential considerations of state and city policy, from among the reasonable alternatives thereto, the action to be carried out or approved is one which minimizes or avoids adverse environmental effects to the maximum extent possible, including the effects disclosed in the relevant environmental impact statement; (2) consistent with social, economic and other essential considerations of state and city policy, all practicable means will be taken in carrying out or approving the action to minimize or avoid adverse environmental effects. (c) For public information purposes, a copy of the Decision shall be filed in the same manner as the draft EIS pursuant to 43 RCNY § 6-11(b).

43 RCNY § 6-13 Programmatic Environmental Impact Statements.

§ 6-13 Programmatic Environmental Impact Statements. (a) Whenever possible, agencies shall identify programs or categories of actions, particularly projects or plans which are wide in scope or implemented over a long time frame, which would most appropriately serve as the subject of a single EIS. Broad program statement, master or area wide statements, or statements from comprehensive plans are often appropriate to assess the environmental effects of the following; (1) a number of separate actions in a given geographic area; (2) a chain of contemplated actions; (3) separate actions having generic or common impacts; (4) programs or plans having wide application or restricting the range of future alternative policies or projects. (b) No further EIS's need be prepared for actions which are included in a programmatic EIS prepared pursuant to subdivision (a) of this section. However: (1) a programmatic EIS shall be amended or supplemented to reflect impacts which are not addressed or adequately analyzed in the EIS as originally prepared; and (2) actions which significantly modify a plan or program which has been the subject of an EIS shall require a supplementary EIS; (3) programmatic EIS's requiring amendment and actions requiring supplementary EIS's pursuant to this section shall be processed in full compliance with the requirements of this chapter.

43 RCNY § 6-14 Rules and Regulations.

§ 6-14 Rules and Regulations. [Inapplicable, City Planning Rules 62 RCNY § 5-02(a).] The lead agencies shall promulgate such rules, regulations, guidelines, forms and additional procedures as may be necessary to implement this chapter.

43 RCNY § 6-15 Lists of Actions.

§ 6-15 Lists of Actions. (a) Type I. [See City Planning Rules 62 RCNY § 5-02(d).] Type I actions enumerated in § 617.12 of 6 NYCRR 617 are likely to, but will not necessarily, require the preparation of an EIS because they will in almost every instance significantly affect the environment. However, ministerial actions never require the preparation of an EIS except where such actions may directly affect a critical area or an historic resource enumerated in paragraphs (22) and (23), respectively, of subdivision (a) of § 617.12. In addition, for the purpose of defining paragraph (2) of said subdivision and section, the following thresholds shall apply: (1) relating to public institutions: (i) new correction or detention centers with an inmate capacity of at least 200 inmates; (ii) new sanitation facilities, including: (A) incinerators of at least 250 tons per day capacity; (B) garages with a capacity of more than 50 vehicles; (C) marine transfer stations; (iii) new hospital or health related facilities containing at least 100,000 sq. ft. of floor area; (iv) new schools with seating capacity of at least 1,500 seats; (v) any new community or public facility not otherwise specified herein, containing at least 100,000 sq. ft. of floor area, or the expansion of an existing facility by more than 50 percent of size or capacity, where the total size of an expanded facility exceeds 100,000 sq. ft. of floor area. (2) relating to major office centers: any new office structure which has a minimum of 200,000 sq. ft. of floor area and exceeds permitted floor area under existing zoning by more than 20 percent, or the expansion of an existing facility by more than 50 percent of floor area, where the total size of an expanded facility exceeds 240,000 sq. ft. of floor area. (b) Type II. (1) [See City Planning Rules 62 RCNY § 5-02(d).] Type II actions will never require the preparation of an EIS because they are determined not to have a significant effect on the environment, except where such actions may directly affect a critical area or an historic resource enumerated in paragraphs (22) and (23), respectively, of subdivision (a) of § 617.12 of 6 NYCRR 617. (2) [Inapplicable. Replaced by State Type II list 6 NYCRR Part 617.13. See City Planning Rules 62 RCNY § 5-02(a) and 62 RCNY § 5-02(b)(2).] Pursuant to SEQRA, as amended, a list of Type II actions shall be promulgated prior to July 1, 1978, to become effective on September 1, 1978. Effective Date. [See new City Planning transition Rules 62 RCNY § 5-08 and 62 RCNY § 5-11. New Rules effective Oct. 1, 1991.]

43 RCNY § 6-16 Type II Actions.

§ 6-16 Type II Actions. (a) Definitions. The following additional definitions shall apply to this section: City Environmental Quality Review. "City Environmental Quality Review" (CEQR) means the environmental quality review procedure established by Executive Order 91 as modified by 62 RCNY Chapter 5. Development Site. "Development site" means the zoning lot all or part of which the applicant proposes to develop through the action. Developable Site. "Developable site" means a zoning lot, including the development site, within the area that is the subject of the action that the lead agency determines is likely to be developed as a result of the action. Lead Agency. "Lead agency" means the agency principally responsible for environmental review pursuant to 62 RCNY § 5-03. Natural Resource. "Natural Resource" means surface water bodies; wetland resources; upland resources, such as beaches, shrublands, meadows, and forests; or other significant or sensitive resources. SEQRA Regulations. "SEQRA Regulations" means Part 617 of Title 6 of New York Codes, Rules and Regulations. (b) Type II. The following actions are not subject to review by the Mayor's Office under City Environmental Quality Review, the State Environmental Quality Review Act (Environmental Conservation Law, Article 8) or the SEQRA Regulations, subject to subdivision (c) of this section: (1) Special permits for radio and television towers, pursuant to § 73-30 of the Zoning Resolution; (2) Special permits for ambulatory diagnostic or treatment health care facilities, pursuant to § 73-125 of the Zoning Resolution; (3) Special permits to allow a building or other structure to exceed the height regulations around airports, pursuant to § 73-66 of the Zoning Resolution; (4) Special permits for eating and drinking establishments of up to 2,500 gross square feet with accessory drive-through facilities, pursuant to § 73-243 of the Zoning Resolution; (5) Acquisition or lease disposition of real property by the City, not involving a change of use, a change in bulk, or ground disturbance; (6) Construction or expansion of primary or accessory/appurtenant park structures or facilities involving less than 10,000 square feet of gross floor area; (7) Park mapping, site selection or acquisition of less than ten (10) acres of existing open space or natural areas; (8) Authorizations for a limited increase in parking spaces for existing buildings without parking, pursuant to § 13-442 and § 16-341 of the Zoning Resolution; (9) Special permits for accessory off-street parking facilities, which do not increase parking capacity by more than eighty-five (85) spaces or involve incremental ground disturbance, pursuant to § 16-351 of the Zoning Resolution; (10) Special permits for public parking garages and public parking lots, which do not increase parking capacity by more than eighty-five (85) spaces or involve incremental ground disturbance, pursuant to § 16-352 of the NYC Zoning Resolution; (11) Special permits for additional parking spaces, which do not increase parking capacity by more than eighty-five (85) spaces or involve incremental ground disturbance, pursuant to § 13-45 of the NYC Zoning Resolution; and (12) An action listed in subdivision (d) of this section, provided that such action also meets the requirements in subdivision (e) of this section. (c) Type II Prerequisites. (1) An action listed in subdivision (b) of this section, which is also classified as Type I pursuant to 6 NYCRR Part 617.4, shall remain Type I and subject to environmental review. (2) An action listed in 43 RCNY § 6-16(b)(1) - (3), or (6)* involving ground disturbance shall remain subject to environmental review, unless it is determined that any potentially significant hazardous materials impacts will be avoided. (3) An action listed in 43 RCNY § 6-16(b)(1), (2), or (6)* involving excavation of an area that was not previously excavated shall remain subject to environmental review, unless it is determined that the project site is not archaeologically sensitive. (4) An action listed in 43 RCNY § 6-16(b)(3)* shall remain subject to environmental review, unless it is determined that any potentially significant noise impacts will be avoided. (5) An action listed in 43 RCNY § 6-16(b)(1), (2), or (6)* involving the removal or alteration of significant natural resources shall remain subject to environmental review. (6) An action listed in 43 RCNY § 6-16(b)(1), (3), (4), (6), or (9) - (11)* shall remain subject to environmental review if the project site is: (i) wholly or partially within any historic building, structure, facility, site or district that is calendared for consideration or eligible for designation as a New York City Landmark, Interior Landmark or Scenic Landmark; (ii) substantially contiguous to any historic building, structure, facility, site or district that is designated, calendared for consideration or eligible for designation as a New York City Landmark, Interior Landmark or Scenic Landmark; or (iii) wholly or partially within or substantially contiguous to any historic building, structure, facility, site or district, or archaeological or prehistoric site that is listed, proposed for listing or eligible for listing on the State Register of Historic Places or National Register of Historic Places. * Editor's note: the section number in these citations was set forth as "43 RCNY § 6-15" in the original rule; corrected at the discretion of the editor. (d) Residential Development Type II Actions. The following actions are not subject to review by the Mayor's Office under City Environmental Quality Review, the State Environmental Quality Review Act (Environmental Conservation Law, Article 8) or the SEQRA Regulations, subject to subdivision (e) of this section: (1) Actions that enable incremental development of at least 1 and no more than 250 new dwelling units or new income-restricted dwelling units, and no more than 35,000 gross square feet of space for non-residential uses, which includes no more than 25,000 gross square feet of space for commercial uses and no more than 25,000 gross square feet of community facility space, and which at the time of the environmental determination are: (i) located wholly within an existing R5 through R10 Residence zoning district, provided that such action does not include the creation or enlargement of a Special Mixed Use zoning district or a stand-alone Commercial zoning district; or (ii) located in an existing stand-alone Commercial zoning or Manufacturing zoning district and are being developed pursuant to a regulatory agreement or lease with a government agency to develop housing or a decision by the Board of Standards and Appeals authorizing residential development; or (2) Actions that enable incremental development of at least 1 and no more than 175 new dwelling units or new income restricted dwelling units, and no more than 20,000 gross square feet of space for non-residential uses, which includes no more than 10,000 gross square feet of space for commercial uses, and no more than 10,000 gross square feet of community facility space, and which at the time of the environmental determination, are located at least partially within an existing R1 through R4 Residence zoning district, provided that such action shall not include actions that include the creation or enlargement of a Special Mixed Use zoning district or a stand-alone Commercial zoning district. (e) Type II Residential Development Prerequisites. An action listed in subdivision (d) of this section must also comply with all of the following to be a Type II action, at or before the time environmental review is required to be completed: (1) Any new building or any enlargement of an existing building on the development site shall not burn fossil fuels to supply heat or hot water; (2) The applicant or development site owner shall have complied with the following site-specific requirements: (i) for developable sites that include one or more tax lots that do not have an (E) designation for hazardous materials pursuant to § 11-15 of the New York City Zoning Resolution at the time of the environmental determination, completed a Phase I Environmental Site Assessment for the development site and either: (A) obtained a written signoff from the lead agency that no further environmental investigation is required or that a plan to address any hazardous materials is acceptable; or (B) consented to the establishment of an (E) designation for hazardous materials pursuant to § 11-15 of the New York City Zoning Resolution and 15 RCNY Chapter 24 on the developable sites, provided that where an (E) designation is not available and the development site will be developed pursuant to a regulatory agreement with a government agency, such government agency shall include protections and development oversight requirements equivalent to an (E) designation found in 15 RCNY Chapter 24 in such regulatory agreement; and (ii) obtained a determination from the New York City Landmarks Preservation Commission (LPC) stating whether any developable site is within an archaeologically sensitive area, is designated, calendared for consideration or eligible for designation as a New York City Landmark or Historic District, is listed on, or formally determined to be eligible for inclusion on, the National Register of Historic Places or the New York State Register of Historic Places, or is substantially contiguous to a sunlight sensitive architectural resource, and (A) if LPC determines a developable site is within an archaeologically sensitive area, completed an archaeological document study for the development site and obtained a writing from LPC that the development of such development site does not raise archaeological concerns; and (B) if LPC determines a developable site is designated, calendared for consideration or eligible for designation as a New York City Landmark or Historic District or is listed on, or formally determined to be eligible for inclusion on, the National Register of Historic Places or the New York State Register of Historic Places, obtained a writing from LPC that the development of such development site does not raise historic preservation concerns; (iii) agreed to prepare and implement a Construction Protection Plan consistent with the requirements of the New York City Department of Buildings Technical Policy and Procedure #10/88 for a development site located at least partially within 90 feet of a building or site formally determined to be eligible for listing on the National Register of Historic Places or the New York State Register of Historic Places or of a building or site that is eligible for designation as a New York City Landmark or Historic District; (iv) for developable sites within 1,000 feet of an air emissions source that operates under a permit issued pursuant to subpart 2015 of title 6 of the New York Codes, Rules and Regulations (New York State facility permits) or subpart 201-6 of such title (Clean Air Act Title V permits) or either within 400 feet of any existing air emission source with an active or expired industrial permit issued by the New York City Department of Environmental Protection or within 400 feet of any unpermitted industrial source, confirmed to the lead agency based on the emission limits in the permit(s) or, for any unpermitted source, the estimated emission limits from similar source permit(s) provided by the lead agency, that concentrations of any pollutant regulated by the permit(s) or identified by the lead agency for any unpermitted source will not exceed the corresponding National Ambient Air Quality Standards (including background concentrations) and Annual Guideline Concentration (AGC) and Short-term Guideline Concentration (SGC) in the New York State Department of Environmental Conservation Division of Air Resources Guidelines for Evaluation and Control of Ambient Air Contaminants (DAR-1) at such developable site, as determined in accordance with the industrial source screen in 43 RCNY Chapter 6, Appendix A (Industrial Air Quality Checklist). (v) With respect to calculation of noise levels, either: (A) provided to the lead agency representative peak hour outdoor noise sampling showing less than 70 A-weighted decibels (dBA) L10 ambient noise levels at all developable sites, and provided outdoor noise sampling for all developable site buildings within the line of sight of any railway or elevated subway showing less than 65 dBA Ldn ambient noise levels and confirmed that all developable sites are outside the 65 Day Night Average Sound Level contours established in the Noise Exposure Map (NEM) Report for John F. Kennedy Airport and LaGuardia Airport, or (B) agreed to establishment of an (E) designation for noise pursuant to § 11-15 of the NYC Zoning Resolution on any developable sites that cannot meet the requirements of item (A) above, provided that where the development site will be developed pursuant to a regulatory agreement with a government agency, such government agency shall include protections equivalent to those imposed by an (E) designation for noise attenuation in such regulatory agreement. (3) The projected duration of construction at each development site shall not be greater than 24 months and no consecutive projected construction period for all substantially contiguous developable sites shall be greater than 24 months. (4) No portion of any developable site shall: (i) be located adjacent to an arterial highway listed in Appendix H to the New York City Zoning Resolution or a vent structure for a tunnel; (ii) be located within in a Special Coastal Risk District mapped pursuant to Article XIII, Chapter 7 of the New York City Zoning Resolution; or (iii) contain a natural resource. (5) The action shall not enable construction of a new building or other structure or enlargement of an existing building or structure with a maximum allowable height greater than 250 feet, including all rooftop bulkheads, mechanical equipment, parapets, and any other parts of the building, or with a maximum possible height greater than 50 feet if substantially contiguous to a public open space other than a street or sidewalk, natural resource or an architectural sunlight sensitive resource identified by LPC under subparagraph (ii) of paragraph (2) of this subdivision above, unless such open space, natural resource or sunlight sensitive resource is entirely within the area between -108 degrees from true north and +108 degrees from true north of the building or other structure or is an architectural resource that is located on a facade that faces directly away from a developable site. (Added City Record 5/2/2024, eff. 6/1/2024)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-81138Fetched: 10/24/2026