State Environmental Quality Review Act (SEQRA)

Who this triggers for

• ›Any discretionary approval, funding, or direct action by a New York State or local agency — site plans, subdivisions, special permits, zone changes, and most state permits all qualify as "actions" under §617.2(b).
• ›Type I thresholds in §617.4 — including residential projects of 250+ units (or fewer in smaller municipalities), any action on 10+ contiguous acres of physically undeveloped land, parking for 1,000+ vehicles, unlisted actions adjacent to parkland or National Register sites, and any change to the use of 25+ acres.
• ›Unlisted actions that, despite not being listed, may have significant adverse impacts — these still require at least a Short or Full EAF and a determination of significance.
• ›Segmentation-adjacent reviews — related phases of a larger project must be assessed together under §617.3(g), even if permitted separately.
• ›Post-SEQRA amendments — once a Findings Statement issues, material changes typically require a supplemental EIS, not just an EAF update.

1. 01

   Classify the action and identify involved agencies

   1–3 weeks

   Classify as Type I (presumes significance), Type II (no further review under §617.5), or Unlisted. Identify every agency with a discretionary role — these are "involved agencies" under §617.2(s). Type II actions stop here; Type I and Unlisted actions continue.

2. 02

   EAF Part 1 and lead agency designation

   30–60 days

   The applicant completes Part 1 of the Environmental Assessment Form — Full EAF for Type I, Short or Full for Unlisted. Involved agencies then coordinate to designate a single lead agency, with a 30-day circulation period under §617.6(b). Disputes go to the Commissioner of DEC for resolution.

3. 03

   EAF Parts 2 and 3 — determination of significance

   2–8 weeks

   The lead agency completes Part 2 (identification of relevant areas of impact) and, if any impact is flagged, Part 3 (evaluation of magnitude and importance). The output is either a Negative Declaration (no significant impact — review complete), a Conditioned Negative Declaration for Unlisted actions, or a Positive Declaration that pushes the project into an EIS.

4. 04

   Scoping and Draft EIS (DEIS) preparation

   4–12 months (project-dependent)

   After a Pos Dec, scoping under §617.8 defines the contents of the DEIS — impacts, alternatives, mitigation, unavoidable adverse effects. The applicant (or agency) prepares the DEIS; the lead agency has 45 days to determine adequacy for public review.

5. 05

   Public comment and Final EIS (FEIS)

   3–6 months

   Minimum 30-day public comment period on the DEIS, longer if a hearing is held. The FEIS responds to substantive comments, refines mitigation, and is issued by the lead agency within 45 days of close of comments (or close of hearing). The FEIS is not a decision — it is the record the decision rests on.

6. 06

   Findings Statement and agency decision

   30–60 days

   Each involved agency adopts its own Findings Statement within 30 days of FEIS issuance under §617.11, certifying that SEQRA has been satisfied and explaining how impacts were minimized or avoided. Only after the Findings Statement can the underlying permit or approval issue.

• ✕

  Segmenting the project to avoid Type I

  Splitting a 120-unit master plan into two 60-unit phases does not dodge the 250-unit residential threshold — §617.3(g) prohibits segmentation and requires cumulative review when actions are part of a "set of activities or steps." Courts routinely invalidate approvals issued on segmented reviews.

• ✕

  Assuming a Neg Dec after a sloppy Part 2

  The hard look doctrine from Jackson v. NYS Urban Dev. Corp. requires that the lead agency identify the relevant areas of impact, take a hard look, and make a reasoned elaboration. A bare-minimum Part 2 invites an Article 78 challenge and a court-ordered EIS — far more expensive than doing it right the first time.

• ✕

  Confusing ORES §94-c with SEQRA exemption

  ORES consolidated permits for renewables ≥25 MW under Executive Law §94-c displace local zoning and run on a 1-year clock, but the ORES review itself incorporates environmental analysis. The project is not "SEQRA-exempt" in any colloquial sense — it just runs through a different procedural track.

• ✕

  Treating Type II as a free pass

  Type II classifications under §617.5 are narrowly drawn and strictly construed. A "minor modification" to an existing structure that actually expands the footprint, or a replacement that changes the use, often falls out of Type II. When in doubt, file an EAF.

• ✕

  Missing the involved-agency Findings Statements

  Each involved agency must file its own Findings Statement before acting. A lead-agency Findings Statement does not inoculate the local planning board, the water district, or the county health department. A missed Findings filing voids the subsequent approval.

• Article 24 Freshwater Wetlands
  Article 24 permits are routinely the "involved agency" approval that pulls a project into SEQRA.
• New York regulatory stack
  SEQRA is one of six NY layers TierraLens models — Article 24/25, ORES, NYC DEP, CEHA, and more.
• NYSDEC SEQR program
  DEC's landing page — model EAFs, workbooks, and the SEQR Handbook.
• Office of Renewable Energy Siting (§94-c)
  Consolidated siting for renewables ≥25 MW — displaces local zoning and runs on a 1-year clock.

• rule6 NYCRR Part 617 — SEQR regulations (full text)
• agencyNYSDEC SEQR program
• guideNYSDEC SEQR Handbook (4th ed.)
• guideNYSDEC Full EAF workbook and forms
• agencyOffice of Renewable Energy Siting (§94-c)
• statuteECL Article 8 (Environmental Conservation Law)