§ 6-04 Exempt Actions.
RCNY § 6-04
[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.
