SEQRA Step-By-Step: PART 4 – Coordinated Review and Determining Significance

In Part 3 of our SEQRA Step-By-Step series, we explained how to complete the

Environmental Assessment Form (EAF), an essential tool for evaluating potential environmental impacts. In this installment, we move to the next major phases of the SEQRA process: coordinated review and determining significance.

These steps determine how multiple agencies work together and whether an Environmental Impact Statement (EIS) will be required.

Coordinated Review Under SEQRA

Coordinated review is the mechanism that brings all involved agencies together to conduct a single, unified environmental review. It is required for Type I actions and optional (though often beneficial) for Unlisted actions.

Coordinated review helps to:

• Avoid duplicative or inconsistent environmental analyses;

• Ensure all environmental impacts are evaluated comprehensively;

• Identify a single “lead agency” to manage the review process; and

• Promote collaboration among agencies with approval authority.

Establishing the Lead Agency

The coordinated review process begins with identifying a lead agency — the entity responsible for administering SEQRA on behalf of all involved agencies.

Generally, the lead agency is the entity with the broadest governmental powers over the action or is the most capable of conducting a thorough environmental review.

Once agreed upon, the lead agency circulates Part 1 of the EAF, requests input from other involved agencies and oversees all subsequent SEQRA steps. This shared approach ensures environmental impacts are evaluated collectively, not in isolation, helps streamline the decision-making process, and reduces the risk of conflicting determinations.

Determining Significance Under SEQRA

Determining the significance of an action's environmental impact is a pivotal step in the SEQRA process. This determination dictates whether a detailed environmental review is necessary. An action is deemed to have a significant adverse environmental impact if it is likely to lead to one or more significant adverse effects on the environment. Factors considered include impacts on land, water, air, natural resources, traffic, noise levels, and community character, among others.

The lead agency has 20 days from receipt of all information it reasonably needs to issue a determination of significance. Information must include considerations of the whole action, the Environmental Assessment Form (EAF), input by involved agencies, and public input. The lead agency can issue three declarations:

• Positive Declaration - Issued when the proposed action may result in one or more significant adverse environmental impacts. A positive declaration requires preparation of an Environmental Impact Statement (EIS).

• Negative Declaration - Issued when the proposed action will not result in any significant adverse environmental impacts. A negative declaration must:

  • Identify the relevant areas of environmental concern;

  • Analyze those concerns; and

  • Explain why the identified environmental concern will not be significant.

• Conditioned Negative Declaration (CND) - (Available only for Unlisted actions) A CND may be issued if conditions or mitigation measures will reduce all potentially significant impacts to a non-significant level. A CND requires:

  • Completion of a Full EAF;

  • A coordinated review;

  • SEQRA conditions imposed would eliminate or reduce identified potentially significant adverse impacts to a non-significant level;

  • Notice and publication requirements identical to those for Type I actions; and

  • A minimum 30-day public comment period.

Key Takeaways

Coordinated review and the determination of significance are pivotal points in the SEQRA process. Together, they:

• Promote efficient, consistent evaluation of environmental impacts;

• Help agencies collaborate effectively; and

• Determine whether a full EIS is required.

Understanding how these steps work and the obligations of a lead agency can help applicants and municipalities navigate SEQRA more confidently and helps ensure that environmental concerns are properly addressed.

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.