Environmental
Review
One of the single most important factors of any land use project requiring governmental approval is the environmental review required by the State Environmental Quality Review Act or “SEQR”. According to applicable regulations “the purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision-making processes of state, regional and local governmental agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and if it is determined that the action may have significant adverse impact, prepare or request an environmental impact statement.” 6 NYCRR § 617.1(c).
You can review the details of the New York SEQR Act here:
http://www.dec.state.ny.us/website/dcs/seqr/index.html.
Under SEQR regulations an environmental review is required many instances of state, county or local action and in nearly all types of land use approvals. The regulations provide that no governmental agency may undertake, fund or approve an action until it has complied with SEQR. A project sponsor (that is, the party undertaking the action) may not commence any physical alteration related to an action until the provisions of SEQR have been complied with. 6 NYCRR § 617.3(a).
SEQR provides that there are three types of governmental actions: type I actions and type II actions, which are specifically listed in the regulations at 6 NYCRR §§ 617.4 and 617.5, and those actions not appearing on either list, known as “unlisted actions.” The type I actions are those “more likely to require the preparation of an environmental impact statement than unlisted actions” and a governmental agency is permitted to expand upon the type I list to create additional type I actions. Type II actions are not subject to environmental review because they are governmental activities that are largely ministerial or routine in nature and not likely to have any significant environmental impacts.
Not surprisingly, many actions are unlisted actions and the first step under a SEQR review is to determine whether a particular action of a governmental agency is subject to SEQR (that is, not a type II action) and to make a preliminary classification as to whether the proposed action is a type I action or an unlisted action. After that preliminary classification has been completed, and if SEQR review is required, the involved governmental agency (or agencies) will determine which agency will serve as lead agency and SEQR review begins in earnest.
If you have a land use project under consideration and have a question about how the SEQR review process may impact your project, please contact me via email, or by mail or telephone and I’ll be happy to answer your questions.
This memorandum was accurate when written. However, statutory and regulatory provisions, and how they are interpreted, change over time. The matters discussed in this memorandum should not be considered legal advice and readers should seek advice of counsel for any questions involving personal or business decisions relating to the issues raised herein.
