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Updates to SEQR Presented by the Cayuga County Department of Planning and Economic Development July 17, 2013 Land Use Training Series Cayuga County Planning Board ---PAGE BREAK--- S E Q R State Environmental Quality Review • State Environmental Quality Review Act (SEQRA) first took effect November 1978 • Codified in Article 8 of the New York State Environmental Conservation Law • Regulations at 6 Part 617 ---PAGE BREAK--- SEQR • SEQR is a necessary part of all actions by Planning Boards, Zoning Boards of Appeals, Town and Village Boards. • Process is there to make sure that environmental concerns are given due consideration. • Best to see SEQR as a tool to help your decision making. There are a lot of rules and procedures to go through, but if you are familiar and comfortable with the procedures, you can use the process to concentrate on the environmental issues. • Environmental assessment should be one of the first issues to discuss with applicants. ---PAGE BREAK--- Purpose of SEQR Protection of the Environment USDA NRCS, Photo by Gary Kramer USDA-NRCS PLANTS Database, Photo by Clarence A. Rechenthin, ---PAGE BREAK--- Purpose of SEQR The “Environment” includes: • Land • Air • Water • Minerals • Flora (Plants) • Fauna (Animals) • Noise • Human Health • Resources of agricultural, archeological, historic, or aesthetic significance • Existing patterns of population concentration distribution or growth • Existing community or neighborhood character ---PAGE BREAK--- Purpose of SEQR SEQR should be redundant. You are already considering these issues. • Process is there to make sure that environmental concerns are given due consideration. Environmental issues are not the only consideration. Other considerations include for example: • Economic Impact • Architectural Design • Direct effect on neighboring properties (that may not rise to the level of “significance” for SEQR) ---PAGE BREAK--- The SEQR Process ---PAGE BREAK--- Step 1: Is the Action Subject to SEQR? ---PAGE BREAK--- Actions SEQR applies to Discretionary Actions • Undertaking, funding, or approving projects or physical activities • Planning & policy making activities • Adopting rules, regulations & procedures • Any combination of the above You must consider environmental review of the “whole action.” No “segmentation.” ---PAGE BREAK--- Step 2: Classify the Action ---PAGE BREAK--- Classifying Actions Actions Big Impact No Impact Type I Type II Unlisted National Archives, Photo by John L. Alexandrowicz USDA NRCS, Photo by Stephen Kirkpatrick ---PAGE BREAK--- Type II Actions Categorically determined NOT to have a significant adverse impact on the environment Examples: • Maintenance or repair • Farm management practices • Construction or expansion of a single-family, two-family, or three-family residence No further environmental review required. ---PAGE BREAK--- Unlisted Actions Not Type I or Type II Examples: • Non-residential structures between 4,000 and 100,000 gross square feet • Local laws regulating land use that affect < 25 acres Environmental review must continue. ---PAGE BREAK--- Type I actions Presumed to have a significant adverse impact on the environment • More likely to require the preparation of an EIS Examples: • Adoption of a municipality’s land use plan (including comprehensive plan) • Local laws regulating land use that affect ≥ 25 acres • 50 residential units not connected to public water and sewer, or 250 units connected • Non-residential structures with more than 100,ooo square feet of gross floor area Environmental review must continue. ---PAGE BREAK--- Step 3: Complete the EAF ---PAGE BREAK--- Full EAF Applicants or projects sponsors must submit an Environmental Assessment Form (EAF) for the environmental review. • Type I actions must use the longer “full” EAF. • Unlisted actions can also use the full EAF. ---PAGE BREAK--- Short EAF Unlisted actions can use the short EAF. ---PAGE BREAK--- Step 4: Coordinate Review ---PAGE BREAK--- Agencies Regulations define agency as any state or local decision-making body, but only state or local (not federal, not private). • Lead • Involved • Interested ---PAGE BREAK--- Agencies Lead Agency • The one agency that takes the lead on environmental review. • Should be the agency closest to the action and principle responsible for undertaking, funding, or approving the action. • Example: lead agency for subdivision application might be town planning board. ---PAGE BREAK--- Agencies Involved Agency • Any agency that has jurisdiction to make a discretionary decision to fund, approve, or directly undertake the action (even if it has not received an application yet). • The lead agency is always one of the involved agencies (and sometimes the only involved agency). • Example: NYS DOT for highway permit, NYS DOT for wetlands permit, other state agency for funding. ---PAGE BREAK--- Agencies Interested Agency • Any other agency that will not make a discretionary decision on the action, but wishes to participate in the review process because of specific expertise or concern. • Participate in the review process the same as a member of the public. • Example: County Planning Board, federal agency. ---PAGE BREAK--- Review Coordinated Review • Lead agency contacts other involved agencies to ask for their comments • Type I actions must have coordinated review • Unlisted actions may have coordinated review Uncoordinated Review • Each agency does its own environmental review • Only possible for unlisted actions Conduct the review based on the information in the EAF ---PAGE BREAK--- Step 5: Determine Significance ---PAGE BREAK--- Determination of Significance Based on information in the EAF Criteria to consider: • 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 • Impairment of “community character” ---PAGE BREAK--- Determination of Significance • Review Projects in Context • Review the “whole action” • Identify all relevant impacts • Analyze and take a “hard look • Provide written reasons why impact may, or will not be significant ---PAGE BREAK--- Determination of Significance Will the action have a potential significant adverse impact on the environment? Positive Declaration Prepare an EIS. Yes Negative Declaration SEQR is complete. No Conditioned Negative Declaration No, so long as… ---PAGE BREAK--- Determination of Significance Conditioned Negative Declaration • Only possible for Unlisted Actions. • If you have a Type I action and you think that conditions might be able to eliminate or mitigate all of the significant environmental impacts, use the EIS to analyze those conditions. ---PAGE BREAK--- Environmental Impact Statement • Identifies and analyzes significant adverse environmental impacts • Evaluates alternatives to avoid those impacts • Discusses mitigation measures which could minimize impacts • Analytic, not ---PAGE BREAK--- Step 6: Scope the EIS ---PAGE BREAK--- Scoping the EIS • Focus the draft EIS on significant issues • Identify what information is needed • Eliminate non-significant issues • Identify alternatives • Identify mitigation measures ---PAGE BREAK--- Scoping the EIS • Best if lead agency provides a scope to the project sponsor, but the sponsor can start by submitting a draft scope. • Just the significant issues. Not all issues. • Scoping is currently optional, but always recommended. Proposed changes to regulations would make scoping mandatory. • There must be some opportunity for public comment on the draft scope. ---PAGE BREAK--- Step 7: Prepare the Draft EIS ---PAGE BREAK--- Prepare the Draft EIS Who prepares draft EIS? • Either lead agency or applicant • Most common is for applicant to prepare the draft. ---PAGE BREAK--- Step 8: Accept the Draft EIS ---PAGE BREAK--- Accept the Draft EIS • Subdivisions application are not complete, and the clock does not start running, until there is either a negative declaration or an accepted draft EIS. • Lead agency can charge a fee to the applicant to cover the costs of either preparing a draft or final EIS, or reviewing a draft and final EIS (but not both). ---PAGE BREAK--- Steps 9 and 10: Public Comment ---PAGE BREAK--- Public Comment • Lead agency must provide opportunity for public comment, but that opportunity does not have to be a public hearing. • Public hearing is optional. • If a public hearing is held, it should be concurrent with any other required hearing (e.g. for subdivision review). ---PAGE BREAK--- Steps 11: Prepare the Final EIS ---PAGE BREAK--- Prepare the Final EIS • Final EIS is the responsibility of the lead agency. • Lead agency can make the applicant write EIS, but it must represent the lead agency’s assessment of the proposed project. ---PAGE BREAK--- Steps 12: Make Findings ---PAGE BREAK--- Findings • Findings certify that: Selected alternative avoids or minimizes significant adverse environmental impacts to the maximum extent practicable, and; Mitigation measures incorporated in project, or conditions of approval will avoid or minimize all significant adverse environmental impacts Each involved agency makes its own findings ---PAGE BREAK--- Conditions Agencies are empowered to impose substantive conditions (even beyond the agency’s normal scope of authority) so long as the conditions are practicable and reasonably related to impacts identified in the EIS. Three ways to impose conditions: • Conditioned Negative Declaration (only for Unlisted Actions) • Conditions in Findings (only after EIS) • Conditions in Final Decision (must be within the agency’s scope of authority) ---PAGE BREAK--- Final Decision And last of all… ---PAGE BREAK--- Updates to SEQR • Regulatory Changes • Form Changes ---PAGE BREAK--- Changes to SEQR Regulations Full details on the web: http://www.dec.ny.gov/permits/83389.html ---PAGE BREAK--- Changes to SEQR Regulations Changes to Type I actions: • Lowers threshold of residential units from 250 to 200 (for municipalities with populations lower than 150,000) • Lowers threshold of parking from 1,000 vehicles to 500 vehicles (for municipalities with populations lower than 150,000) • Creates 25% threshold when action is near a historic site ---PAGE BREAK--- Changes to SEQR Regulations Changes to Type II actions: • New exemption for disposition of land, by auction, where there is no discretion on the part of the disposing agency on the outcome • New exemption for reuse of a residential or commercial structure • Expands exemption for lot line and area variances to apply in any case that does not increase allowable density (not just single- family homes) ---PAGE BREAK--- Changes to SEQR Regulations Changes to Type II actions continued: • New exemption for minor subdivisions, by local definition or up to four lots • Explicit exemption for recommendations by county agencies under GML §239-m or n • New exemptions for larger commercial sites in “municipal centers” • New exemption for installing rooftop solar arrays • New exemption for installing cellular antennas on existing structures • New exemption for brownfield site clean-up agreements ---PAGE BREAK--- Changes to SEQR Regulations • Scoping becomes mandatory • Lead agency can charge fees to applicant, but the applicant can request copies of invoices or statements of work ---PAGE BREAK--- Changes to EAFs http://www.dec.ny.gov/permits/70293.html • Short form is longer, provides more detail • Full EAF still long, but questions are grouped more logically • Workbooks For Full EAF: www.nysfeaf.net For Short EAF: www.nysseaf.net ---PAGE BREAK--- www.nysfeaf.net ---PAGE BREAK--- www.nysseaf.net