Making SEQRA Work for You By Danny Lapin

Making SEQRA Work for You By: Danny Lapin, Environmental Planner

Quick Overview Who I AM: • Environmental Planner with the Otsego County Conservation Association. • Specialization in SEQRA Review, agriculture and farmland protection, climate adaptation, and environmental policy. Who I AM NOT: • An attorney. Municipal officials should always consult their Town Attorney on SEQRA-related issues. • An enforcer. SEQRA is self-enforcing. OCCA can provide information and assistance during review processes. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

GROUND RULES 1) Don’t be afraid! SEQRA is confusing for EVERYONE. 2) You don’t have to agree with me, but remember this is a process you should follow. 3) Questions are welcomed, but project specific questions can be addressed at the end of the training. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

OVERVIEW 1. Get more comfortable with SEQRA. Objectives: 2. Know how to make SEQRA work for you. 3. Be able to better protect your community. WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

What is SEQRA? Regulations Statute • Article 8 of NYS Environmental Conservation Law, Chapter 43, Consolidated Laws of New York. OVERVIEW • Part 617 of Title 6 of the New York Codes, Rules and Regulations (6 NYCRR). WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

What is SEQRA cont’d. SEQRA IS… A tool that helps agencies examine the environmental effects of their actions. Activated when agencies undertake a discretionary decision. The Purpose of SEQRA is… “To incorporate the consideration of environmental factors into decision-making processes of state, regional and local government agencies at the earliest possible time. ” SEQRA is NOT… An additional permit or approval. Intended to be the sole consideration in decision-making. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

The SEQRA Seesaw SEQRA is a balancing act between Environmental and Socio-economic factors… Environmental Factors • Land, air, and water resources • Wildlife • Agricultural resources • Noise Socio-economic Factors • Community Character • Economic impacts • Visual Character OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

What is an Agency? Part 617. 2 of SEQR defines an agency as a: STATE or LOCAL agency. EXAMPLE • State agencies • Town/Village Boards • Planning Boards • City Councils • Zoning Boards of Appeals • County Legislatures • School Boards Are “agencies” under SEQRA. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

What is an Action? Action - when an agency undertakes: • Discretionary decision (judgment call); • Sponsors, undertakes, or approves a project; • Engages in planning or policymaking that may commit the agency to a future course of action; or • Adopts a rule. • Or any combination of the above. REGULATORY CITATION: 6 NYCRR Part 617. 2(B) OVERVIEW WHAT IS SEQRA? • • Examples Site Plan Review Subdivision Review Funding a project Rezoning Use Variances Purchase of Land Adoption of a local laws/policies TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Coordinated Review Step 1 Subject to SEQR? Full EAF Unliste d Action Step 5 Step 4 -Inform Agencies -Select lead agency Uncoordina Short/Lo ted ng EAF Review CND See Later Slides Type 2 Action End Review Pos. Dec. Step 6 Formal Scoping Option Determine significanc e Neg. Dec. End Review Step 7 Draft EIS For Lead Agency Review Step 8 Step 9 Draft EIS Accepte d for Public review Public Comme nt Step 11 FEIS Draft EIS Step 12 Changes If Agencie Necessa s make ry Step 10 findings SEQR Hearing Option End Review The SEQRA Process

The SEQRA Process: Getting Started Review should start as soon as application is received. Process should start early enough to identify all environmental impacts, but late enough to know what the action is. Agencies can undertake actions themselves. EX. Comprehensive Plan Update Agencies can also receive applications. EX. Application to build a Wal -Mart. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

The SEQRA Process: Getting Started When it’s time to start your SEQRA Review, you must: OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS 1. Classify the Action 2. Notify other agencies who may have jurisdiction a) NYS DEC; b) NYS DOT Remember an agency may not undertake an action until they have complied with SEQRA. HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 2 Type 1 Action Step 1 Subject to SEQR? Unliste d Action Type 2 Action The SEQRA Process

Classifying the Action: STOP! OVERVIEW WHAT IS SEQRA? Remember, it is CRITICAL that an agency looks at the WHOLE action. That means looking at all components, phases, or aspects of the proposal. Examples: Why Classify? 1) Projects to be undertaken in phases. 2) Projects requiring siting decisions followed by final site design (e. g. , solar arrays). 3) Determining location and design of residential facilities. Classification establishes the basic review requirements under SEQRA. TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Classifying the Action: Type 1 Actions: Actions that are likely to have a significant environmental impact. Unlisted Actions: Actions that are less likely to have a significant environmental impact. Type 2 Actions: Actions that are not likely to have a significant environmental impact. • Large nonresidential facilities; • USDA Slaughterhouse • Zoning changes affecting less than 25 acres; • 20 unit apartment building • Lot line adjustment; • Agricultural and farm management practices OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Type 1 Actions: • Type 1 Actions are listed in Part 617. 4 of SEQRA. It is important to note that the list is not all-inclusive. • There are review requirements: • Must use the Full Environmental Assessment Form (EAF) • Must coordinate review with agencies who may have jurisdiction over the proposed action Note: Thresholds are LOWER in certain districts like an agricultural district or a historic district. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Type 2 Actions: • Type 2 Actions are listed in Part 617. 5 of SEQRA. It is important to note that the list is not all-inclusive • Classifying an action as Type 2 under SEQRA concludes the review process OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU SEQRA Pro Tip: Always keep a record of which actions were classified as a Type 2 Action. NOTABLE COURT DECISIONS

Unlisted Actions: • Unlisted actions are those that are not listed in Part 617. 4 or 617. 5. • There are review requirements: • May use either the Full EAF or the Short EAF. • Use Full EAF – ex. 5 acre solar farm • Use Short EAF – ex. Small zoning change • Lead agency can choose whether to coordinate review with agencies who may have jurisdiction over the proposed action. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 2 Type 1 Action Step 3 Full EAF -Inform Agencies -Select lead agency Step 1 Subject to SEQR? Step 4 Unliste d Action Type 2 Action Short/Lo ng EAF End Review The SEQRA Process

Selecting a Lead Agency OVERVIEW Involved Agency Interested Agency Lead Agency WHAT IS SEQRA? Public body which is directly undertaking the proposed action or has jurisdiction by law to fund or approve it. Public body which does not have jurisdiction but wishes to participate because of specific expertise or concern. The involved agency which is responsible for determining whether an EIS will be required, along with its preparation and filing. TRUSTING the PROCESS Regulatory Citation: 6 NYCRR Part 617. 2(s) Regulatory Citation: 6 NYCRR Part 617. 2(t) Regulatory Citation : 6 NYCRR Part 617. 2(u) HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Selecting a Lead Agency: to Coordinate or not to Coordinate OVERVIEW WHAT IS SEQRA? Coordinated Review • Required for Type 1 Actions, but is optional for unlisted actions. • Regulatory Citation: 6 NYCRR Part 617. 4 (a)(2) • ONLY applies to Unlisted Actions. • Regulatory Citation: 6 NYCRR Part 617. 6(b)(4) • Lead Agency is typically established by consensus. • Each individual agency conducts their own review. Uncoordinated Review • If an agency finds that a project may have significant environmental impacts, uncoordinated review ends. • Must coordinate for lead agency • Earlier uncoordinated reviews are superseded. TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Selecting a Lead Agency: cont’d. If your municipality receives an Application… You must: 1. Identify all potentially involved agencies 2. Let them know that a lead agency must be established 3. Send them the EAF and supporting materials Regulatory Citation: 6 NYCRR Part 617. 6(3)(i) Remember, lead agencies must be established by consensus. Potentially involved agencies… 1. Have 30 days to respond. 2. Should identify potential concerns, if any. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

SEQRA Pro-Tip: Coordinated Review When undertaking a coordinated review, remember your ABC’s. Always, make sure the application package is complete. Before, you send the application package, make sure you have made a good faith effort to identify all potentially involved agencies. Check in with involved agencies within five to 10 business days to make sure they received the application packages. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Selecting a Lead Agency: cont’d. OVERVIEW WHAT IS SEQRA? Involved Agencies TRUSTING the PROCESS Consultant, public, or Staff input Analysis LEAD AGENCY SEQRA Determination HOW to MAKE SEQRA WORK FOR YOU EAF, plans, and supplemental information NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Subject to SEQR? Full EAF Step 4 Coordinated Review Step 1 Unliste d Action Type 2 Action Step 5 -Inform Agencies -Select lead agency Uncoordina Short/Lo ted ng EAF Review End Review Pos. Dec. Determine significanc e Neg. Dec. End Review The SEQRA Process

Determining Significance: the EAF If you have not done so already, bookmark the EAF Workbook Webpage http: //www. dec. ny. gov/permits/90125. html (it’ll make your life easier). Short EAF: For small, unlisted actions. (If SEAF is not sufficient for unlisted actions, use the FEAF) Full EAF: Required for Type 1 Actions. Optional for unlisted actions. Information on the form is organized by environmental factor. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU SEQR Pro-Tip: Remember, do not be shy about requesting more information. It is in your best interest to have all of the information you need. NOTABLE COURT DECISIONS

Determining Significance: the EAF Part One: Project information • Prepared by project sponsor • Describes the site and project Part Two: Impact Assessment OVERVIEW WHAT IS SEQRA? Part Three: Determination of Significance • Prepared by lead agency • Importance of • Identifies impacts potential impacts identified in Part and their 2 magnitude • Prepared by Lead Agency TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Determining Significance: Checking the EAF The Applicant should: • Provide accurate, complete, and comprehensible information • Support certain responses with additional information The Lead Agency should: • Verify information in the EAF matches what is in the application • Fact check the information with all of the tools at your disposal Look over the EAF Flag issues by page/section Identify missing information Notify Applicant and request revisions OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Determining Significance: EAF Part 2 guides the Lead Agency through the identification of environmental impacts and their magnitude. Land Water Wildlife Impacts can be classified as: Visual GHG Emissions • “No impact or small impact” “moderate Transporta to large” Geologic Surface Critical -OR-Community Features Environme character tion impact”water ntal Areas • Remember to be REASONABLE: Lead agency. Energy should Human Groundwater Flooding Historic health Resources examine whether proposed mitigation measures actually mitigate potential Open environmental Agricultureimpacts Noise, Space odor, light OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Determining Significance: Evaluating Impacts OVERVIEW WHAT IS SEQRA? When evaluating the impacts of an action, the Lead Agency must: 1. Evaluate all potential impacts of a project and link them to specific project components 2. Decide if any of the “moderate to large impacts” are relevant TRUSTING the PROCESS 3. Determine the magnitude of impacts 4. Determine the importance of the impacts Stuff to watch out for: Likelihood of impact; duration of impact; quality of resources to be affected; communitywide impacts; growth inducing impacts; and consistency with existing plans and ordinances. HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Determining Significance: Evaluating Impacts SEQRA case law establishes a “standard” for review: Review the Whole Action • Every part of the project must be examined. • This includes impacts separated by time and/or distance. Take a “Hard Look” • Established by case law. • Requires lead agency to identify all impacts. • Lead agency must analyze (take a hard look) at every impact. • • Make a Reasoned Elaboration: Must explain how conclusions are reached. Be explicit in reasoning. Cite and name your sources. Explain how sources support your conclusion. Case Law Citation: H. O. M. E. S. v. NYS Urban Development Corporation 69 AD 2 d 222, 418 NYS 2 d 287 (4 th Dept. , 1979) OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Determining Significance: Time to make a Choice Positive Declaration • Project, as proposed, will have no significant environmental impact • Requires an Environmental Impact Statement (EIS) • Written determination IS required (Part 3 EAF) • The threshold for a “Pos Dec” is low • For Type 1 actions, negative declaration must be filed with the state • SEQRA continues WHAT IS SEQRA? Negative Declaration • Action has the potential for at least one significant adverse environmental impact. • Must be filed with the State OVERVIEW • SEQRA review concludes TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Determining Significance: Time to make a Choice If the lead agency issues a negative declaration, is their choice set in stone? No OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS • You can amend or rescind your negative declaration if… • Changes are proposed for the project • New information is discovered; or • Changes in circumstances arise that were not previously identified/discussed HOW to MAKE SEQRA WORK FOR YOU Regulatory Citation: 6 NYCRR Part 617. 7(e) & 617. 7(f) NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Coordinated Review Step 1 Subject to SEQR? Full EAF Unliste d Action Step 5 Step 4 -Inform Agencies -Select lead agency Uncoordina Short/Lo ted ng EAF Review CND See Later Slides Type 2 Action End Review OVERVIEW Pos. Dec. WHAT IS SEQRA? Determine significanc e Neg. Dec. TRUSTING the PROCESS End Review The SEQRA Process HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

The Conditioned Negative Declaration (CND): What is it? Lead agency concludes that an action that may have a significant impact can be mitigated or eliminated by conditions imposed by the lead agency, without the need for additional study. CND’s CANNOT be issued for a Type 1 action or where the lead agency is the applicant. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU Regulatory Citation: 6 NYCRR Part 617. 2(h) NOTABLE COURT DECISIONS

So, you want to issue a CND? For Unlisted Actions, issuing a CND involves several steps: Remember: CND’s can be rescinded if warranted by public comments. 1. CND’s must be based on a Coordinated Review. 2. Applicant should use Full EAF. 3. Conditions must be stated up front. 4. Notice must be published in the Environmental Notice Bulletin (ENB). 5. 30+ day public comment period. 6. Notice and filing requirements for Type 1 actions. 7. Lead agency must consider ALL comments. Regulatory Citation: 6 NYCRR Part 617. 7(d) OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Coordinated Review Step 1 Subject to SEQR? Full EAF Unliste d Action Short/L ong EAF Step 5 Step 4 -Inform Agencies -Select lead agency Uncoordina ted Review CND See Later Slides Type 2 Action End Review Pos. Dec. Step 6 Formal Scoping Option Determine significanc e Neg. Dec. End Review The SEQRA Process

Scoping, why do it? Regulatory Citation: 6 NYCRR Part 617. 8 Scoping is optional, but recommended for the following reasons: • • Focuses the EIS on the most relevant environmental impacts; Ensures public participation; Allows for open discussion of public concerns; and The most relevant issues get included in the final scope. So, you want to scope… • 60 -day window to engage in process — can be extended by mutual agreement • Roles • Project Sponsor: Starts process by submitting draft scope to lead agency. • Involved Agencies: Explain their jurisdiction; identify relevant issues that should go into the EIS. • Public: Have opportunity to comment on draft scope (this is REQUIRED). OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Scoping: Preparing your Research Arsenal Scoping can be a challenging and time-consuming endeavor. So be sure to have: Primary Resources Secondary Resources • A copy of the pos. dec; • Peer reviewed academic studies; • Supporting information contained in the EAF; • EIS’s prepared for nearby areas; • Local or regional plans showing the community’s characteristics; • Newspaper articles; and • Natural Resource inventories • White papers prepared by Applicant or other organizations. • State/Federal plans for the area; and • Studies on area traffic and population projections OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Coordinated Review Step 1 Subject to SEQR? Full EAF Unliste d Action Short/L ong EAF Step 5 Step 4 -Inform Agencies -Select lead agency Uncoordina ted Review CND See Later Slides Type 2 Action End Review Pos. Dec. Step 6 Formal Scoping Option Determine significanc e Neg. Dec. Step 7 Draft EIS For Lead Agency Review Step 8 Draft EIS Accepte d for Public review Draft EIS Changes If Necessa ry End Review The SEQRA Process

The Draft Environmental Impact Statement (DEIS) Who Prepares the DEIS? • Applicant, typically with help of a consultant. What should DEIS contain? • Description of the action • Definition of the location and setting • Evaluation of potentially significant impacts • Potential mitigation measures • Discussion of reasonable alternatives OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

The Draft Environmental Impact Statement (DEIS) Cont’d The Lead Agency… Decides whether scope and content of material submitted • is. Remember, Agencyofcan require SUPPLEMENTAL EIS at “adequate” Lead for purpose public review. any time. Can return the DEIS to Applicant with revisions, comments, • Lead Agencies must also file a “Notice of Completion” with or suggested changes. DEC after accepting the DEIS for purposes of public review Has 45 days to review document, resubmitted. 30 days if it is Regulatory Citation: 6 NYCRR Part 617. 9 OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Coordinated Review Step 1 Subject to SEQR? Full EAF Unliste d Action Short/L ong EAF Step 5 Step 4 -Inform Agencies -Select lead agency Uncoordina ted Review CND See Later Slides Type 2 Action End Review Pos. Dec. Step 6 Formal Scoping Option Determine significanc e Neg. Dec. End Review Step 7 Draft EIS For Lead Agency Review Step 8 Step 9 Draft EIS Accepte d for Public review Public Comme nt Draft EIS Changes If Necessa ry Step 10 SEQR Hearing Option The SEQRA Process

The Public Comment Phase Regulatory Citation: 6 NYCRR Part 617. 9 If a lead agency chooses to conduct a public hearing, what are requirements? 1. Notice must be provided minimum of 14 days before hearing 2. Hearing must start no less than 15 and no more than 60 days after Notice of Completion is filed 3. Public comment period must last minimum of 30 days 4. Public Comment period must last for another 10 days after the public hearing closes OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Coordinated Review Step 1 Subject to SEQR? Full EAF Unliste d Action Short/L ong EAF Step 5 Step 4 -Inform Agencies -Select lead agency Uncoordina ted Review CND See Later Slides Type 2 Action End Review Pos. Dec. Step 6 Formal Scoping Option Determine significanc e Neg. Dec. End Review Step 7 Draft EIS For Lead Agency Review Step 8 Step 9 Draft EIS Accepte d for Public review Public Comme nt Step 11 FEIS Draft EIS Changes If Necessa ry Step 10 SEQR Hearing Option The SEQRA Process

The Final EIS : What goes into it? OVERVIEW The lead agency is responsible for: 1. ALL content 2. The accuracy, relevance, and quality of all of FEIS’ content. The FEIS must contain… 1. DEIS and any revisions. 2. All comments received. 3. Lead Agency responses to substantive comments. WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

It’s the Final EIS Countdown! When completing Final EIS, Lead Agency should be aware of the following time frames: 45 days Time that FEIS must be completed after public hearing. 60 days Time that FEIS must be completed after DEIS Notice of Completion (NO HEARING). 10 days The time that FEIS must be “considered” prior to Lead Agency’s final decision. Regulatory Citation: 6 NYCRR Part 617. 9 OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Step 3 Step 2 Type 1 Action Coordinated Review Step 1 Subject to SEQR? Full EAF Unliste d Action Step 5 Step 4 -Inform Agencies -Select lead agency Uncoordina Short/Lo ted ng EAF Review CND See Later Slides Type 2 Action End Review Pos. Dec. Step 6 Formal Scoping Option Determine significanc e Neg. Dec. End Review Step 7 Draft EIS For Lead Agency Review Step 8 Step 9 Draft EIS Accepte d for Public review Public Comme nt Step 11 FEIS Draft EIS Step 12 Changes If Agencie Necessa s make ry Step 10 findings SEQR Hearing Option End Review The SEQRA Process

The Final EIS: The Light at the End Regulatory Citation: 6 NYCRR Part of the Tunnel 617. 11 Each Agency Must… • Issue a “findings statement. ” • Use well-reasoned information from FEIS itself. The “Findings Statement” should Contain • Evidence showing alternatives or mitigation measures avoid or minimize environmental impacts to the greatest extent practicable • Explanation showing how agencies balanced unavoidable significant impacts against social, economic, and public need. OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Questions?

Making SEQRA Work for You: A note on Compliance No enforcing entity named in the statute Citizens can challenge decisions through an Article 78 proceeding Citizens and the Courts Lead Agency must follow SEQR provisions literally Lead Agency Review must be substantive OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Making SEQRA Work for You: SEQRA ABC’s Part Deux Always be prepared to ask for help and always be sure to have your OVERVIEW WHAT IS SEQRA? SEQRA forms handy. Be sure to engage the public early and often throughout the review TRUSTING the PROCESS process. Create a provision in your land-use regulations to allow your municipality to hire a consultant to review large, high-profile projects at the cost of the APPLICANT. HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

With SEQRA, It’s Okay to have a Cheat Sheet OVERVIEW WHAT IS SEQRA? Or a SEQRA Binder that includes: • The SEQRA Regulations 6 NYCRR Part 617 • The EAF Workbook • The SEQRA Handbook • The SEQRA Flow Chart TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Even better than a “cheat sheet, ” is a well-maintained project file It is CRUCIAL to have well-maintained files when conducting SEQRA Reviews. • MINUTES from relevant Town and Planning Board meetings OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS • ALL relevant votes, resolutions, and motions • APPLICATION FILES sorted chronologically • RELEVANT STUDIES sorted by environmental/economic factor • PUBLIC COMMENTS sorted chronologically HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Online Tools: For those who can’t afford the Thousand Dollar ESRI License Federal Resources OVERVIEW WHAT IS SEQRA? 1. EPA Environmental Justice Screen Tool: https: //ejscreen. epa. gov/mapper/ Does your municipality have access to GIS? NO? 2. NRCS Web Soil Survey: https: //websoilsurvey. sc. egov. usda. gov/App/Web. Soil Survey. aspx TRUSTING the PROCESS State-Level Resources 1. DEC EAF Mapper: http: //www. dec. ny. gov/eafmapper/ 2. DEC Environmental Resource Mapper: http: //www. dec. ny. gov/gis/erm/ Local-Level Resources 1. Otsego County GIS: http: //otsegocountygis. mapxpress. net/ags_map/ HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Streamlining Your SEQRA Review Include EAF in routine application materials Provide your clerk with SEQR training DO NOT declare application complete until SEQRA is DONE OVERVIEW WHAT IS SEQRA? Make list of Type 1, Type 2, and Unlisted Actions Develop internal process for reviewing projects TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Streamlining Your SEQRA Review Cont’d. Municipal Officials • Include status of review and classification in Board Resolutions • Review Part 2 and Part 3 of the EAF before coming to meetings where SEQRA determinations are made Citizens • Read SEQRA regulations • Understand lead agency’s responsibilities under SEQRA • Develop comments relevant to SEQRA process • Cite your sources Applicants OVERVIEW WHAT IS SEQRA? • Learn SEQRA process • For large projects, work with Environmental Consultant before submitting Application TRUSTING the PROCESS • Request pre-application meeting with involved agencies HOW to MAKE SEQRA WORK FOR • Be as thorough as possible when filling out EAF YOU NOTABLE COURT DECISIONS

Notable Court Decisions: “Hard Look” OVERVIEW H. O. M. E. S. v. UDC 6 A. D. 2 d 222 (1979) Overview • Applicant Urban Development Corp (UDC) wants to build sports stadium for Syracuse University • Planning Commission declares UDC Lead Agency • UDC issues Neg. Dec. without analyzing traffic/safety impacts. Project is approved. • Petitioner H. O. M. E. S. sues via Article 78 proceeding Outcome • Court rules Syracuse Planning Commission and UDC acted “arbitrarily and capriciously. ” • Approval “paused” so Applicant could comply with the provisions of SEQRA. Importance • Establishes threepronged “hard look” test • Elevates standard of SEQRA review • Prevents Lead Agencies from ignoring potentially significant environmental impacts WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Notable Court Decisions: “Hard Look” OVERVIEW H. O. M. E. S. v. UDC 6 A. D. 2 d 222 (1979) Cont’d. WHAT IS SEQRA? Three-Pronged H. O. M. E. S. Test TRUSTING the PROCESS Prong #1: Examine scope of entire action Prong #2: Identify all potential environmental impacts Prong #3 : Take “hard look” at impacts and make well-reasoned findings HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Notable Court Decisions: Procedural Compliance OVERVIEW Town Assn. v. Town of Rye 82 A. D. 2 d 474 (NY App Div. 1981) Overview Outcome • Rye Town Board issues • Court rules SEQRA permit to developer in mandates literal 1979 to build office compliance with rule of building on 17. 8 acres of law land • Rye Town Board rezoned • Court states it is not in 1973 allowing for enough to “substantially Planned Unit comply” with respect to Developments (PUDs) SEQRA • Town Board issues permit without requiring • Court orders Town EIS Board to prepare an EIS • Neighbors sue via Article 78 proceeding Importance • Sets standard for following SEQRA literally • Substantially limits SEQRA-related wiggle room WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Notable Court Decisions: Segmentation OVERVIEW Karasz v. Wallace 134 Misc. 2 d 1052 (N. Y. Misc. 1987) Overview Outcome Importance • Zoning Board of Town of • Applicant originally • Establishes Moreau grants Applicant intended to build 20 four precedent for permit to build four-unit apartments, reviewing “whole apartment building on 31 application was action” -acre parcel withdrawn. • Zoning Board issues Neg. • Prevents “piecemeal” Dec. • Court finds that “whole review of projects • Neighbors file Article 78 action” includes future • Suit dismissed by lower plans to build must be • Part of case law court considered precedent for • Applicant seeks to build preventing illegal second four-unit • Court annuls Zoning segmentation apartment on same Board decision parcel • Neighbors file second Article 78 WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Notable Court Decisions: SEQRA Threshold OVERVIEW Inland Vale Farm v. Stergianopoulos 104 A. D. 2 d 395 (1984) Overview Outcome Importance • Town of N. Salem • Court rules that projects • Helps establish “low” Planning Board issues which may have SEQRA threshold Neg. Dec. for 4. 23 -acre significant commercial development environmental impact • Nests low SEQRA require EIS threshold in “literal • Neighbors file Article 78 compliance” ruling of contending that record • Court found that the Rye matter clearly shows risk of Planning Board failed to significant environmental account for runoff • Notes that “hard impacts of proposed look” involves project identifying • Board reviews numerous alternatives that environmental factors • Court annuls negative could mitigate declaration, orders EIS environmental to be prepared impacts WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Notable Court Decisions: SEQRA Findings WEOK Broadcasting Corp. v. Town of Lloyd PB 79 N. Y. 2 d 373, 592 N. E. 2 d 778, 583 N. Y. S. 2 d 170 (1992) Overview Outcome • Applicant seeks to build • Court ruled that PB AM Radio Transmitter in failed to provide Ulster County substantial evidence showing environmental • Town of Lloyd PB denies impacts were Site Plan Application due “unavoidable, ” to “unavoidable especially with environmental impacts” information to the • Applicant files Article 78 contrary alleging PB acted arbitrarily and • Court stated that capriciously. “generalized community • NY Supreme Court objections” do not merit annuls PB denial and PB rejection of a project appeals Importance • Prevents NIMBYism through SEQRA • Requires Lead Agencies to rely on factual evidence when making SEQRArelated decisions • Places high standard of proof on commenters and public during SEQRA review OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

OCCA’s Circuit Rider Planner Program • Assists municipalities with: • SEQRA review • Comprehensive Planning • Zoning-related matters • Other environmental initiatives • Cost: • 50/50 share with OCCA $35/hour rates for municipalities • Other Trainings Offered: • Agriculture and Farmland Protection Planning • Comprehensive Planning • Zoning • Town-specific SEQRA review *This pilot SEQRA training was provided through a grant from the Community Foundation of South Central New York OVERVIEW WHAT IS SEQRA? TRUSTING the PROCESS HOW to MAKE SEQRA WORK FOR YOU NOTABLE COURT DECISIONS

Danny Lapin, Environmental Planner Otsego County Conservation Association 7207 State Highway 80 Cooperstown, NY 13326 PO Box 931 Cooperstown, NY Phone: 607 -547 -4488 Email: planner@occainfo. org QUESTIONS?