A look at the state environmental review process and its impact

Q&A ABOUT SEQRA

Q: What the heck is SEQRA?

A: State Environmental Quality Review Act, otherwise commonly just called SEQR.

Q: What does it do?

A: The SEQR process provides a consistent method of analysis to determine the potential environmental impact, large, small or none at all, of a project or decision made by any municipal board.

Q: When did this process become required?

A: Back in the mid 1980’s New York State adopted these regulations. It requires all municipal boards to make certain decisions as to the potential environmental impact their decision [usually a physical project] may have on the community and environment.

Q: I had an Area Variance application before the Zoning Board of Appeals last year and the board did say something about SEQR, but said nothing more was needed. What was that all about?

A: The SEQR regulation provides the tools needed for the reviewing board to qualify the type of application before them. There are three basic types; Type I action, Type II action or an Unlisted action.

If the reviewing board makes a determination that the application qualifies as a Type II action, as most area variances are, there is no further review required under the SEQR regulations.

Q: What happens when an application is determined to be Type I or Unlisted?

A: Several different things are set into play. First the applicant must fill out a “Long Form Environmental Assessment.” Usually this may need to be filled out by a Professional Engineer, or design professional. Most of the form is fact finding stuff. Things like the nature of work, how much land in project area, how much land actually disturbed, how many proposed lots, how many buildings, public water and/or sewer availability, noise generation, light pollution, traffic generation, commercial or residential activities, etc.

Q: Okay…but what happens?

A: After the board has made a decision as to which “action” the application is, they must make a “determination of significance”, also known as a Declaration of Significance.

This can be from no significant environmental impact, moderate or substantial.

Q: Can the reviewing board make a determination of no impact?

A: Generally, no. Almost any project can be said to have some kind of an impact, thus the term “no significant impact.”

Q: How can the reviewing board make such a determination?

A: It can be challenging for sure. To make the declaration of no significant environmental impact the board is basically saying that there does not seem to be a major impact that can’t be reasonable mitigated or controlled through proper design and implementation of the project.

This may also be called a Conditioned Negative Declaration [CND].

Q: What kind of controls do you mean?

A: It could be many different things depending on the identified potential impact.

Things like; drainage control for surface storm water management, traffic patterns, ingress & egress to a site, visual impacts from roads, lakes or scenic rivers, on-site septic systems, wells, height and color of structures, exterior lighting, even the character of the neighborhood could be an issue.

Q: What would happen if the reviewing board made a declaration of potential significant environmental impact?

A: That would lead into another process, outlined in the SEQR regs, where the applicant is required to produce environmental impact statements.

This can be a lengthy process that involves more public hearings, and detailed analysis of the identified impact.

Q: Does the town, or reviewing board, have to follow the SEQR regs all the time?

A: Not all the time. In many cases, the local municipality may be exempt from the SEQR process as one of a number of potential exemptions may apply. If the municipality is located inside the Adirondack State Park AND the Adirondack Park Agency has jurisdiction is one such exemption.

The Park Agency’s internal review process is at least as throughout as the SEQR process.

Q: So why is the local board involved at all when the Park Agency has jurisdiction?

A: Because the Park Agency does not have jurisdiction or administrative authority over local zoning issues.

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Knowledge and understanding, there is more than meets the eye.