N.Y. ENV Law § 27-2513

§ 27-2513. Exemptions.\n Notwithstanding any inconsistent provision of law, this title shall\nnot apply to:\n 1. railroads, as defined in subdivisions twenty-four and twenty-nine\nof section two of the transportation law or within the scope of titles\nnine and eleven of article five of the public authorities law;\n 2. the operation and/or maintenance of railroad and railroad shipping\nfacilities, including but not limited to the right of way, tracks, track\nsidings, team tracks and bridges;\n 3. any electric corporation, as defined by subdivision thirteen of\nsection two of the public service law, nor shall it apply to the\noperation, use, or maintenance of any new or existing utility pole or\nfacilities owned or used, in whole or in part, by a telephone\ncorporation, utility company, or cable television company, as defined by\nsubdivisions seventeen and twenty-three of section two and subdivision\none of section two hundred twelve of the public service law,\nrespectively;\n 4. the use of one or more utility poles by any person in connection\nwith the suspension or support of power, communications, utility wires,\nlines or cables and related equipment, antennae, lighting, signals,\nelectric or electronic devices or similar equipment or apparatus;\n 5. any public authority that owns and operates electric transmission\nor distribution lines, a municipally owned electric utility or a rural\nelectric cooperative, nor shall it apply to the operation, use, or\nmaintenance of any new or existing utility pole or facilities owned or\nused, in whole or in part, by any such public authority, municipally\nowned electric utility, or rural electric cooperative; and\n 6. until January first, two thousand ten, any existing marina or other\nfacility for berthing and mooring of pleasure vessels, including\nrowboats and canoes, and the storage thereof, and any existing facility\nthat services pleasure vessels other than an existing marina or other\nfacility for berthing and mooring of pleasure vessels, or facility that\nservices pleasure vessels owned and/or operated by a municipal entity.\nFor the purpose of this section, pleasure vessel shall have the same\nmeaning as in paragraph (c) of subdivision six of section two of the\nnavigation law.\n