SEQRA Step-By-Step: PART 1 – What Is the Purpose of SEQRA, and When Does It Apply?

We are pleased to introduce a blog series exploring the ins and outs of the New York State Environmental Quality Review Act (SEQRA). In the coming weeks, we’ll walk through the SEQRA process, covering everything from action classifications and completing required forms to preparing Environmental Impact Statements (EISs), issuing findings, and facilitating public input. Whether you’re a municipal official, developer, planner, or a concerned resident, our goal is to make SEQRA accessible and practical.

PART 1 – What is the Purpose of SEQRA, and When Does it Apply?

Enacted in 1975, SEQRA is one of New York’s most important environmental statutes. It requires that state and local government agencies consider environmental impacts alongside social and economic factors before making decisions on discretionary actions. In doing so, SEQRA ensures that the potential environmental consequences of governmental actions are not overlooked—and that the public has a meaningful opportunity to participate in the decision-making process.

The Purpose of SEQRA

SEQRA has two principal objectives:

1. Informed Decision-Making: SEQRA compels agencies to identify and assess environmental impacts early in the planning process, giving them the opportunity to avoid or mitigate significant adverse effects before taking action. This encourages more thoughtful, balanced, and sustainable development across New York.

2. Transparency and Public Participation: SEQRA requires that the review process be open and participatory. Public notice and comment periods allow community members to weigh in on actions that may affect their environment, neighborhoods, and quality of life.

Ultimately, SEQRA serves as a framework to promote responsible development and preserve New York’s natural, cultural, and built environments.

SEQRA applies a systematic framework to identify and mitigate potential environmental impacts before an action is carried out. This process begins with the determination of significance, where agencies assess whether an action may have a significant adverse impact on the environment. If such an impact is identified, a more detailed environmental review is required, often culminating in the preparation of an Environmental Impact Statement (EIS). This document provides a comprehensive analysis of potential environmental impacts and explores alternatives and mitigation measures. We’ll explore the EIS in greater depth in a future post.

When SEQRA Applies

Not every project is subject to SEQRA. The law only applies when a state or local agency undertakes, funds, or approves an “action,” and when that action involves discretionary decision-making.

Some common examples of actions that may trigger SEQRA review include:

• Construction of roads, bridges, or other public infrastructure

• Adoption or amendment of zoning laws or comprehensive plans

• Site plan or subdivision approvals for private development

• Projects involving wetlands, coastal areas, or other environmentally sensitive sites

• Redevelopment of brownfield or former industrial sites

• Renewable energy projects (e.g., wind farms, solar installations)

• Public or private projects receiving governmental funding

  
  

If an agency’s involvement is purely governmental/administrative, such as issuing a permit that must be granted if certain conditions are met, SEQRA does not apply. However, where discretion is exercised (e.g., in granting a variance, zoning change, or funding decision), SEQRA review is required before the agency can proceed.

Conclusion

SEQRA plays a vital role in New York's environmental governance by ensuring that environmental impacts are considered in the decision-making process of state and local agencies. By requiring the identification and mitigation of potential environmental impacts before an action is carried out, SEQRA promotes sustainable development and enhances public participation in governmental decisions. Understanding the types of actions that fall under SEQRA is crucial for navigating the regulatory landscape and ensuring compliance with environmental review requirements. Through its comprehensive framework, SEQRA continues to safeguard New York's environmental resources for the benefit of all its residents.

If you have questions about SEQRA, need assistance with SEQRA, or are seeking guidance with an Environmental, Land Use & Zoning, or Municipal Law matter, please contact Jacob H. Zoghlin at 585-258-2834 or jzoghlin@underbergkessler.com or Mindy L. Zoghlin at 585-258-2871 or mzoghlin@underbergkessler.com.