In Part 5 of our SEQRA series, we discussed the purpose of scoping and preparing the Draft Environmental Impact Statement (DEIS). Once the DEIS is prepared, the environmental review process enters one of its most important stages: public participation.
The public comment period and, where appropriate, a public hearing provide agencies, involved and interested parties, and members of the public with an opportunity to review the DEIS and provide substantive feedback before the environmental review is finalized. This process helps ensure that significant environmental issues have been thoroughly evaluated and that decision-makers have the benefit of a complete public record.
Public Comment Period
After the lead agency determines that the DEIS is complete and adequate for public review, it issues a Notice of Completion and makes the DEIS available to the public. The notice identifies where the DEIS can be reviewed and establishes the deadline for submitting comments.
Under SEQRA, the public comment period generally lasts at least 30 days, although the lead agency may provide a longer comment period depending on the project’s complexity, the scope of the environmental issues, or the level of public interest.
During this period, agencies, organizations, neighboring property owners, and other interested members of the public may submit written comments addressing the DEIS. Effective comments typically focus on substantive issues, such as the adequacy of the environmental analysis, the evaluation of alternatives, proposed mitigation measures, or whether additional information is needed to fully assess potential impacts.
Public comments are a critical part of the SEQRA process. They may identify issues that warrant additional analysis, lead to revisions or clarifications in the environmental review, or result in modifications to the proposed action to further avoid or minimize adverse environmental impacts.
Public Hearing
Unlike some permitting processes, a public hearing is not automatically required under SEQRA. Instead, the lead agency has discretion to hold a hearing when it determines that one would assist in the environmental review, particularly for projects involving significant public interest or complex environmental issues.
When a public hearing is scheduled, it generally occurs during the public comment period so that oral testimony and written comments may be considered together. Notice of the hearing must be provided in accordance with SEQRA’s public notice requirements, allowing sufficient time for interested parties to participate.
A public hearing provides an opportunity for members of the public, project sponsors, consultants, and government agencies to present oral comments, ask questions, and discuss the findings contained in the DEIS. The hearing is part of the official administrative record, and all testimony received is considered alongside written submissions.
What Happens After the Comment Period?
Once the public comment period closes and after any public hearing has concluded, the lead agency and project sponsor review all substantive comments received.
Those comments are addressed in the Final Environmental Impact Statement (FEIS), which may include revisions to the analysis, additional environmental information, responses to comments, or modifications to the proposed project and mitigation measures. The FEIS is intended to demonstrate how substantive environmental concerns raised during the review process have been considered before the lead agency reaches its final decision.
Looking Ahead
Public participation is a cornerstone of the SEQRA process. By inviting meaningful review and encouraging public engagement, SEQRA promotes transparency, strengthens environmental decision-making, and helps ensure that significant environmental concerns are fully evaluated before agency action is taken.
In Part 7 of this series, we’ll examine the preparation of the Final Environmental Impact Statement (FEIS) and explain how agencies respond to public comments before issuing their findings. 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.
