1. What, When, and a Start on How
WELCOME TO “SEQR 101"
What, When, and a Start on How
-We are not attorneys disclaimer

2. New York State Environmental Quality Review Act
What Is “SEQR”?
New York State
Environmental Quality Review Act
Statute is Article 8 of NYS
Environmental Conservation
Law Ch. 43, Consolidated Laws of
NYS
Regulations are Part 617
of Title 6 of the New
York Codes, Rules and Regulations
(”6 NYCRR”)
-1975 State Environmental Quality Review Act
- Passed by Legislature & Signed by Governor,
- Regulations written at the agency level for implementation of Law

3. Purpose of SEQR Incorporate the consideration
of environmental factors into an
agency’s decision making process
at the earliest possible time
- key idea is that a state or local agency’s discretionary decision is the trigger mechanism.
- SEQR Scales, not scales of just rather the balance of Economic, Social, and Environmental considerations.
- Read Page 1 (d) of regs.

4. What Are “Environmental Factors”?
SEQR Defines Environment Broadly
Resources or characteristics that could be affected by
an action, including:
-Land, air, water, minerals
-Flora, fauna
-Noise
-Features of historic or
aesthetic significance
-Population patterns
-Community character
- SEQR interprets the term environment very broadly
- The Environment does not pertain to just Natural Resources.

5. What is An “Agency”? State Agencies County Legislatures
A public body which has jurisdiction by law to fund, approve or directly undertake an “action”
State Agencies
County Legislatures
Town or Village Boards
City Councils
Planning Boards
Zoning Boards of Appeal
School Boards
- Notice absence of Federal Agencies
- Point out agencies that you believe the audience are members of

6. Involved, Interested and Lead Agencies
Who are they? What are they?
An Involved Agency is a public body which has jurisdiction by law to fund, approve or directly undertake an action
An Interested Agency is a public body which does not have jurisdiction over a project, but wishes to participate in the process because of its expertise or specific concern
The Lead Agency is an involved agency and is responsible for determining whether an EIS will be required, and for its preparation and filing if it is required 6
-Describe each type of agency and give scenario example
NYS Department of Environmental Conservation

7. Agency is the Decision-Maker
Must have independent, statutory decision-
making authority
May rely on staff or consultants for expert
advice or administration of process
May not delegate decisions or conclusions
- What work of the SEQR process must be performed by the reviewing agency and to what extent outside help may be relied upon.

8. What Is An “Action”? When an Agency:
Sponsors, undertakes or approves projects or
physical activities
Conducts planning or policy-making
that may commit the agency
to a future course of action
Adopts rules, regulations
or procedures
Combinations of the above
- 3 groups of actions
- Physical actions directly performing or approving
- Build a road, Build a school, approve subdivision, approve wetland permit
•Site plan Review
•Zoning Variance
•Subdivision review
- Planning or Policy making
•Municipal land use plan, planning board
Adopt rules & regs
•100' from 50' general permit for stream conditions
•Give a local government example

9. How SEQR Works Agency Proposes Action or Receives Application
Action Classified *
Lead Agency Established
Significance of Action Determined *
Environmental Impact Statement, If Needed
Findings and Agency Decision *
*This slide is an overview of the entire SEQR process of which each step will be further explored throughout the presentation.....
SEQR is an sequential process which can have varying levels of review.... *indicate steps where the process can end.
- Agency proposes an action or receives an application
.School district proposes building a school
.Town gets an application for a subdivision
- Action Classified, Type I, Type II, Unlisted
- Lead agency established
- Significance of Action
.Based on EAF Review
.Neg Dec
.Pos Dec
- DEIS, EIS
- Findings
SEQR Process Can Conclude At Any of These Points *

10. When Is the “Earliest Possible Time”?
Start SEQR:
Early enough to affect
all decisions which could
impact the environment,
location as well as design
But far enough into planning
that the range of available
choices can be defined.
When an application is received or a discretionary decision is made

11. When An Agency Undertakes a Project:
SEQR should be started at the earliest stages of project planning
-Site selection is part of “action”
when government is sponsor
-Bond resolution also part of action
-Exemption in regulations
for preliminary studies
-Don’t wait for final site plans
For example - new public or municipal facilities
like schools, offices, roads, parks
-feasibility of scoping out a site for a school vs choosing one of the sites
.preliminary studies exempt (Type II (21) ... Conduct concurrent environmental, engineering, and economic feasibility studies

12. When Agencies Fund or Approve a Project:
As an “Involved” Agency, SEQR Begins When an Application is Received
-Review of and decisions on wetlands or other state
and local permits for site work
-Review and decisions on state or local
highway access applications
-Review and approval of applications
for state grants and loans
- SEQR begins when an application is recived

13. SEQR for Planning and Policy-Making
Agencies “Involved” If Decisions May Commit Them to Future Actions
Comprehensive or program plans
-SEQR applies to the planning, not only to individual
resulting projects
Also applies to formally-adopted policies that could
affect the environment
-Not new personnel rules or
operating hours for public facilities
Local laws and ordinances
Analyze before adopting
Planning and Policy Making
- Municipal land use plan
.Industrial, Residential, Agricultural zoning
- Not Type II (20) Routine Agency Administration

14. “Actions” Under SEQR Thought Questions:
What typical local activities would be “actions” under SEQR? Why, or why not?

15. Local Legislative Body Zoning Board of Appeals
Agencies may not Act …
Local Legislative Body
Planning Board
Zoning Board of Appeals
… Before complying with SEQRA 15
NYS Department of Environmental Conservation

16. When an Agency is Sponsor:
How Do You “Start SEQR”?
When an Agency is Sponsor:
▪First “involved agency”
▪Should identify other state or local agencies who may be “involved”
▪May reach out to other agencies during
project planning to clarify jurisdictions
and interest
▪Must “classify” the action

17. When an Agency Reviews:
How Do You “Start SEQR”?
When an Agency Reviews:
First agency to receive an application responsible
for initiating SEQR process
First involved agency must identify other state or
local agencies who may be “involved” based on one
or more jurisdictions over the project, for example:
-Highway access
-Natural resource-based permits
-Local land use approvals
First agency must “classify” the action

18. “Classifying“ the Action
Look at the “Whole Action”
Consider all components, phases or
aspects of a proposal
Examples:
-Projects to be undertaken in phases
-Sequenced new construction plus
conversions of old facilities
-Projects requiring siting decisions
followed by final site design
-Determining location as well as design
of new residential facilities
- Whole Action, Segmentation
- give a segmentation example, Happy Acres Subdivision...

19. Classifying Actions Type 2 A Type 2 classification concludes SEQR
Most maintenance or repair including upgrading
buildings to meet building and fire codes
Purchase or sale of equipment
New non-residential uses under 4,000 sq.ft.
Routine educational activities, including
expansion under 10,000 sq.ft. or school closing,
but not new use following closing
Statutory exemption
A Type 2 classification concludes SEQR
-list in regs that are presumed benign
-617.5
-End of SEQR, Note to file to show SEQR was performed

20. Classifying Actions Type 1 Carry the presumption that they may have a
significant adverse impact on the environment, and more likely to require the preparation of an Environmental Impact Statement (EIS)
- list in regs, 617.4
- Presumption of significant impact leading to EIS
- Full EAF to Determine Significance
- Coordinated review (indicate that will be explored later)

21. Classifying Actions Unlisted Fall between the two “listed” categories
Type 2
Fall between the two “listed”
categories
Examples:
-New 20-unit apartment building
-New non-residential use of 10 acres or less
-Parking for less than 1,000 cars
-Other activities not specifically listed in either
617.4 or 617.5
Require that SEQR continue
Type 1
617.5
617.4
- Not on Type I or type II List
- Full EAF or Short
-Coordinated or Uncoordinated Review

22. Why Classification Matters
Sets Basic Review Requirements
Type 1 Actions:
-Must “coordinate” with other “involved agencies“
-Must use Full EAF (Environmental Assessment Form)
Unlisted Actions:
-May choose whether to coordinate
-May use Full or Short EAF
Type 2 Actions
-No further review required
- Determines level of review an action will receive
-reiterate the info from Type I, Type II, Unlisted slides

23. What is Coordinated Review?
Establishes a “Lead Agency” to Conduct a Single, Integrated Environmental Review of Proposed Actions
Lead Agency is responsible for the conduct and
administration of the SEQR review process
Must have its own decision-making authority
May not delegate to an advisory body
- one agency serves as the lead agency to conduct the review even though their may be multiple involved agencies. (Just read do not explain to next slide)

24. Coordinated Review: How?
Start by Establishing Lead Agency
Agency which proposes a project or first receives an
application must:
-Identify all potentially “involved” agencies
-Send EAF Part I plus supporting maps or related
materials to those agencies
-Advise each that SEQR Lead Agency
must be established
Involved agencies should establish
Lead Agency within 30 days of notice
Lead Agency should be established by consensus
Frame in experiences with lead agency response letters

25. Uncoordinated Review Unlisted Actions Only
Each agency acts independently
-Do separate environmental reviews
Allowed under 617 but individual agency rules
or policy may require otherwise
If any agency finds that a project may have significant
adverse environmental impacts, uncoordinated
review ends:
-Must coordinate for Lead Agency
-Other uncoordinated environmental
reviews superseded
- uncoordinated until any one agency identifies a significant impact

26. Lead Agency
If only one agency has jurisdiction, then it is the Lead Agency
If more than one agency has jurisdiction, a Lead Agency is selected from among them by consensus 26
NYS Department of Environmental Conservation

27. “Involved” Agencies Thought Questions:
Are there other agencies who are typically “involved” in your local projects? What is the basis for their being “involved”?

28. Lead Agency Determines “Significance”
Sets Path of Environmental Review
Analyze
EIS
(Environmental
Impact Statement)
No EIS
Pos Dec
Neg Dec
EAF Plus Plans or Application
Lead Agency should determine significance within 20 days of being established.

29. Review Starts With the “EAF” (Environmental Assessment Form)
Project, Site and Impact Descriptions
Part 1: Site and Project Descriptions
-Prepared by Project Sponsor
Part 2: Potential Project Impacts
and Magnitudes
-Prepared by Lead Agency
Part 3: Importance of Impacts
Identified in Part 2

30. Find and Use Additional Sources:
Evaluate the EAF Part 1
Find and Use Additional Sources:
all project designs, studies, maps, applications or
other documents available to date
resource and reference maps
published sources
other agencies
local resources

31. Systematic Analysis by Category to Identify Potential Impacts
Part 2: What Is Affected?
Systematic Analysis by Category to Identify Potential Impacts
-Land -Water -Air -Plants & Animals
-Agricultural Land -Aesthetics
-Historic & Archaeological
-Open Space & Recreation
-Critical Environmental Areas
-Transportation -Energy
-Noise & Odor -Public Health
-Growth & Community Character

32. Determine Magnitude of Impacts
Part 2: How Big an Effect?
Determine Magnitude of Impacts
Lead Agency must show assessment
Identify potential impacts of
proposed action
-“Yes” if any impact possible
-“Maybe” should be treated as “Yes”
Compare elements of proposed
action to examples and thresholds
-Size only: small-to-moderate v. large
-Large impact is not always significant impact
Be reasonable
-Use Part 2 examples as a guide
Review Project as proposed by the project sponsor

33. Part 3: Weighing Impacts
Evaluate potential impacts
One or more potentially large impacts identified in
Part 2
Describe impacts identified in Part 2
-Include design features which avoid
or reduce potential impacts
▪Decide if any of the impacts identified
as “potentially large” are important

34. Using the Environmental Assessment Form
Thought Question:
Who is responsible for the evaluations in Parts 2 and 3 when the lead agency is also the project sponsor?

35. Determining Significance
What You Are Looking For
Impairment of “Community Character”
Adverse changes to the environment
Reduction of wildlife habitat
Hazard to human health
Substantial change in the use of land
Creating a conflict with adopted community plans or goals 35
NYS Department of Environmental Conservation

36. Determination of Significance
Must Be In Writing
▪Review the “Whole Action”
▪Identify all relevant impacts
▪Analyze / Take a “Hard Look” *
▪Provide “reasoned elaboration”
-explain why impact may,
or will not be, significant
* H.O.M.E.S. v NYS Urban Development Corporation
69AD 2d 222, 418 NYS 2d 287
(4th Dept., 1979)

37. Determination of Significance
Be Explicit in Your “Reasoned Elaboration”
▪ State whether you find each potential impact
likely, significant, or neither
▪ Describe mitigation included in the project plans
▪ Name sources you rely on to reach your
conclusions
▪ Explain how cited sources support your

38. Determination of Significance
Positive Declaration
▪ Lead agency determines that the action has the
potential to cause or result in:
-at least one
-significant
-adverse environmental impact
▪ “Low threshold” for requiring an environmental impact statement

39. Determination of Significance
Negative Declaration
▪ Lead agency must conclude that project as proposed
will have no significant adverse environmental
impacts, because:
-no likely impacts were identified
-no identified impacts are significant
-Identified significant impacts are mitigated
▪ Written determination must include reasons behind
conclusions

40. After the Determination of Significance
Two Possible Pathways
After a negative
declaration,
SEQR has been
completed
Planning, design or
review continue
under fundamental
agency mandates
After a positive
declaration, SEQR
review continues
Next step is defining
content of the EIS
Integrates with
standard process when
draft EIS is accepted
Leads to findings in
support of decision

41. Optional but recommended
Scoping the Draft EIS
Optional but recommended
▸Focus on significant issues
▸Identify necessary information
▸Identify alternatives or mitigation to minimize impacts
▸Enable other agency and public input

42. Analytic, NOT Encyclopedic
DEIS Content
Analytic, NOT Encyclopedic
Describe the Action
Define Location
Describe the Setting
Evaluate Potentially Significant Adverse
Environmental Impacts
Identify Potential
Mitigation Measures
Discuss Reasonable
Alternatives
DEIS

43. Lead Agency “Accepts” After Review
Draft EIS
Lead Agency “Accepts” After Review
DEIS often prepared and submitted by sponsor
Lead agency reviews to determine if DEIS is “adequate”
-May be returned to sponsor for revision
-Must provide specific written comments or
suggested changes
- Lead agency has 45 days for review
days if resubmission

44. Required Element of SEQR
Public Comment on DEIS
Required Element of SEQR
Minimum is 30 day public comment period
after filing Notice of Completion of DEIS
Hearing is optional under SEQR:
-May run concurrently with any other
required hearing on the same project
-Minimum of 14 days advance notice of hearing
-Must start no less than 15 and no more than 60
days after Notice of Completion of DEIS
SEQR public comment period must continue at
least 10 days after hearing closes
Notice of Completion

45. FEIS: Lead Agency Product
Lead Agency Responsible for Accuracy and Adequacy
DEIS and any revisions
All comments received
Lead agency responses to
all substantive comments +
DEIS
FEIS =

46. Lead Agency is responsible.
FEIS Preparation
Lead Agency is responsible.
For projects where lead agency is reviewing an
application, FEIS should be completed:
-within 45 days after a public hearing OR
-within 60 days after the
DEIS Notice of Completion
if there is no public hearing
Notice of Completion of FEIS starts
a 10-day public “consideration” period
No involved agencies can issue findings
and final decisions until those 10 days
have run

47. Linking the EIS to Agency Decisions
After the FEIS
Linking the EIS to Agency Decisions
Lead Agency must file Notice of Completion of
Final EIS
No sooner than 10 days after that notice, lead
and every other involved agency must each
issue their own findings and decisions
-“Findings” are rationale for each agency’s
decision
-Comprehensive, reasoned
elaboration based on EIS
-Must certify that selected alternative, or
mitigation measures, avoid or minimize adverse
environmental impacts

48. Agency Final Decisions After SEQR
SEQR Findings after an FEIS may be made
concurrently with final decision on project
Negative Declaration may be made
No enforcing entity named in the statute, so
SEQR is enforced through the courts
Significant factors in SEQR challenges:
-Standing of litigants
-Statute of limitations
-Timing of challenges

49. Compliance Must Be “Substantive” and “Literal”
Complying with SEQR
Compliance Must Be “Substantive” and “Literal”
▪ “Substantive”: agency must evaluate all potential
impacts of a proposed action
-Not just those within its own jurisdiction
▪ “Literal”: agency must follow
SEQR’s procedural requirements
-Appropriate to integrate SEQR with other
reviews
-But other reviews may not be substituted for or be
represented as equivalent to SEQR’s requirements

50. Rules Vary by Project and Decision
Filing & Notice
Rules Vary by Project and Decision
File with involved agencies, applicant, CEO of municipality, and individuals who request copies For:
-Type 1 Negative Declaration
-Notice of Completion of
Draft or Final EIS
-Notices of Hearing (if any)
-Findings
Also publish in “ENB”:
-Type 1 Negative Declaration;
-EIS Acceptance or SEQR Hearing Notice
Retain in lead agency files:
-Unlisted Negative Declaration
As of 2/26/06:
ALL EIS’s to be posted on “publicly- accessible” website(s), unless “impracticable”

51. A Few Practitioners’ Tips
Think “Back to Basics”
▪Involve the public early
-provide thorough and accurate information
▪Establish and maintain
communication links with all parties:
-sponsors, other agencies, and the public
▪Remember why we “do SEQR”:
-to balance environmental
with other values in
decision-making
▪Prepare documents to guide
and support agencies’
decisions

52. For More Information NYS Department of Environmental Conservation
Division of Environmental Permits
625 Broadway Albany, NY
(518)
NYS Department of State
41 State Street
Albany, New York 12231
(518) (Counsel’s Office)
(518) (Division of Local Government
Services)