The final steps in the SEQRA process involve preparing the Final Environmental Impact Statement (FEIS) and issuing SEQRA findings. These steps bring together the environmental analysis, public input, and agency review that have occurred throughout the process and provide the framework for the lead agency and other involved agencies to make their final decisions.
Preparing the Final Environmental Impact Statement
After the public comment period and any public hearings have concluded, the lead agency prepares, or causes to be prepared, the FEIS. The FEIS responds to substantive comments received on the Draft Environmental Impact Statement (DEIS), incorporates necessary revisions or additional analysis, and identifies measures to avoid or minimize adverse environmental impacts.
The lead agency remains responsible for the adequacy and accuracy of the FEIS, even when the document is prepared by an applicant or its consultants. The FEIS generally must be prepared within 45 calendar days after the close of any public hearing or within 60 calendar days after the filing of the DEIS, whichever occurs later. An extension may be appropriate when additional time is needed to adequately address comments or reconsider or modify the proposed action.
The FEIS must include the DEIS, including any necessary revisions and supplements; copies or a summary of the substantive comments received and their sources; and the lead agency’s responses to those comments. The responses should address substantive environmental issues raised during the review and explain how those issues were considered in the final environmental analysis.
The FEIS may result in changes to the proposed action, additional environmental studies, revisions to mitigation measures, or further analysis of alternatives. The purpose is not simply to respond to comments, but to ensure that the environmental record is complete before agencies make their final decisions.
Once the lead agency determines that the FEIS is complete, it files a Notice of Completion of the FEIS. The FEIS must be distributed in accordance with SEQRA requirements and made publicly available, including on a publicly accessible website.
Issuing SEQRA Findings
After the FEIS has been filed, the next step is the issuance of SEQRA findings. This phase is where the lead agency articulates its decision regarding the proposed action, based on the entirety of the SEQRA process.
Under SEQRA, each involved agency must prepare its own written findings statement before making a final decision on an action that has been the subject of an FEIS. The findings must be based on the facts and conclusions disclosed in the FEIS and must demonstrate that the agency has considered the relevant environmental impacts, alternatives, and mitigation measures.
Before issuing findings, the lead agency must allow the public and involved agencies a reasonable period of at least 10 calendar days to consider the FEIS. For actions involving an applicant, the lead agency generally must file its findings statement and decision on whether to approve or fund the action within 30 calendar days after the FEIS is filed.
A positive findings statement means that the agency has determined that the action is approvable after considering the FEIS. The findings must demonstrate that, consistent with social, economic, and other essential considerations, the selected action avoids or minimizes adverse environmental impacts to the maximum extent practicable. Where practicable, identified mitigation measures should be incorporated as conditions of the agency’s decision.
A negative findings statement means that the action is not approvable because the agency has determined that the adverse environmental impacts cannot be adequately avoided or minimized consistent with the requirements of SEQRA. The findings must explain the basis for that determination.
The findings are an important distinction between environmental review and agency decision-making. SEQRA does not necessarily require an agency to select the alternative with the fewest environmental impacts. Rather, the agency must consider the environmental consequences of the action and reasonable alternatives, identify appropriate mitigation, and weigh those considerations against social, economic, and other essential considerations before reaching its decision.
The findings statement and the agency’s final decision may be issued at the same time. Findings adopted by each involved agency must be filed with the other involved agencies and the applicant when they are adopted.
Completing the SEQRA Process
The preparation of the FEIS and issuance of findings represent the culmination of the SEQRA review process. Together, they ensure that public and agency input is addressed, environmental impacts and alternatives are fully considered, and mitigation measures are incorporated where practicable before governmental action is taken.
SEQRA is ultimately intended to ensure that environmental considerations are integrated into governmental decision-making—not that every project with environmental impacts must be rejected. The process provides agencies with a structured framework for identifying potential impacts, evaluating alternatives, considering mitigation, and balancing environmental concerns with social, economic, and other essential considerations.
New York’s SEQRA regulations were amended in 2026 to further incorporate environmental justice considerations into the environmental review process, including consideration of whether an action may cause or increase a disproportionate pollution burden on a disadvantaged community. These changes further emphasize the importance of considering the broader environmental and community impacts of proposed actions.
With the issuance of the findings and the agency’s final decision, the SEQRA review is complete. The environmental record developed through the process—from the initial determination of significance and scoping through the DEIS, public participation, FEIS, and findings—provides the foundation for the agency’s decision and, where applicable, subsequent project approvals.
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.
