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Mostly Cloudy Civic Law
Q: What is the State Environmental Quality Review Act, and what could it mean for me?
A: The State Environmental Quality Review Act (known by its acronym SEQRA) is a complex State statute meant to insure that governments consider environmental impacts when taking various discretionary actions. It applies most often in the context of land development and zoning, but can also apply in a variety of other situations.,
All governmental actions which are subject to SEQRA are divided into three classes: Type I (the most substantial actions, in which some degree of environmental review is always required), Type II (actions which are deemed insubstantial by definition, and in which environmental review is not required), and Unlisted (in which decisions are made on a case by case basis whether detailed environmental review is required). Most actions all into the Unlisted category. Local governments have the option to expand the State law list of Type I actions, but cannot shorten that list.
The obligation of a local government to implement SEQRA applies at the earliest reasonable time before a government makes a decision to fund, approve, or undertake a project which requires SEQRA review.
The SEQRA review process is conducted by the agency which has jurisdiction to approve the project. If more than one agency has authority to approve any part of the project, the agencies must together designate one of them to be the “Lead Agency”, and to conduct the SEQRA review process. This way, the process is done only one time for each project.
The extent to which review is required will depend upon the nature and scope of the particular project, and the decisions of the Lead Agency. Smaller projects may require only complete of an Environmental Assessment Form (EAF) by the project sponsor, and review by the Lead Agency. (Environmental Assessment Forms may be either the “short form” or “long form” promulgated by the State, depending upon the Lead Agency’s requirements.)
