SEQRA Step-by-Step: PART 3 – Completing an Environmental Assessment Form (EAF)
- Jacob H. Zoghlin
- 42 minutes ago
- 3 min read
In Part 2 of our SEQRA Step-by-Step series, we discussed the first procedural step once you determine that SEQRA applies —classifying the action. In this installment, we move to the next step: completing the Environmental Assessment Form (EAF).
The type of EAF required depends on how the action is classified. Understanding which form to use, and how to complete it, is essential to complying with SEQRA and keeping the review process on track.
Type I Actions
As discussed in the last post, Type I actions are those more likely to have significant adverse environmental impacts. These projects meet or exceed specific thresholds outlined in SEQRA regulations, such as large-scale developments, major infrastructure projects, substantial changes in land use or zoning affecting 25 or more acres, or adoption of a Comprehensive Plan.
Steps for Completing a Full EAF for Type I Actions:
Full EAF – Part 1: Complete Part 1 of the Full Environmental Assessment Form, providing detailed information about the project’s location, purpose, and potential environmental impacts.
Submission and Coordination: Submit the completed Part 1 to the lead agency. The lead agency will then distribute it to all involved agencies as part of a coordinated review. All “involved agencies” have 30 days to agree on a lead agency.
Public Participation: Type I actions often involve public engagement, including opportunities for scoping and commenting on a Draft Environmental Impact Statement (DEIS), if required. (This process will be covered in a future post.)
Unlisted Actions
Unlisted actions fall below Type I thresholds and are not exempt under Type II. They can include smaller-scale developments, site plan approvals, or minor zoning changes. The required form and level of review depend on the project’s scope and potential impacts.
Steps for Completing an EAF for Unlisted Actions:
Short EAF – Part 1: In most cases, a Short Environmental Assessment Form (SEAF) is sufficient. Part 1 gathers basic information about the project and its potential environmental effects.
Optional Full EAF: If the reviewing agency determines that the SEAF does not provide enough detail, it may request completion of a Full EAF.
Review Process: The lead agency may conduct either a coordinated or uncoordinated review. In a coordinated review, the lead agency consults with all involved agencies before making a determination. In an uncoordinated review, each agency conducts its own independent assessment.
Type II Actions
Type II actions are predetermined by regulations not to have significant adverse environmental impacts and are therefore exempt from further SEQRA review.
Examples include:
Construction of a single-family home.
Granting of a setback or lot line variance.
Routine maintenance or replacement in kind.
Adoption of a moratorium.
Because these actions are excluded from further review, no EAF needs to be completed.
Key Takeaways
Understanding which Environmental Assessment Form (EAF) applies, and completing it correctly, is a critical step in the SEQRA process. Type I actions require a Full EAF and a coordinated review, while Unlisted actions typically require a Short EAF but may require a Full EAF depending on the agency’s discretion. Type II actions are exempt from further review, streamlining the process. Proper classification and accurate completion of the EAF helps ensure compliance with SEQRA, promotes transparency, and lays the groundwork for an efficient environmental review.
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.