Assembly Member Brian Kavanagh Environmental Conservation Committee Member NYS Assembly District 74.
NYS Department of Environmental Conservation 1 WELCOME TO “SEQR 101" What, When, and a Start on...
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Transcript of NYS Department of Environmental Conservation 1 WELCOME TO “SEQR 101" What, When, and a Start on...
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NYS Department of Environmental Conservation1
WELCOME TO “SEQR 101"
What, When, and aStart on How
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What Is “SEQR”?New York State
Environmental Quality Review Act
▪Statute is Article 8 of NYSEnvironmental 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”)
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Purpose of SEQRIncorporate the consideration
of environmental factors into an agency’s decision making process
at the earliest possible time
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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
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What is An “Agency”?
▪State Agencies ▪County Legislatures
▪Town or Village Boards
▪City Councils▪Planning Boards▪Zoning Boards of
Appeal▪School Boards
A public body which has
jurisdiction by law to fund, approve or
directly undertake an
“action”
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Involved, Interested and Lead Agencies
• 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
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Who are they? What are they?
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Agency is the Decision-Maker
▪Must have independent, statutory decision-making authority
▪May rely on staff or consultants for expertadvice or administration of process
▪May not delegate decisions or conclusions
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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
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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 *
SEQR Process Can Conclude At Any of These Points *
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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.
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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
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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
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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 oroperating hours for public facilities
▪Local laws and ordinances▪Analyze before adopting
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“Actions” Under SEQR
Thought Questions:
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