Group Wants Changes for Reviewing Developments

A New York state issues think tank is seeking several changes to the environmental law that is used for reviewing land-use developments.

In a report released last week, The Empire Center called for three changes to meant to expedite processes under the State Environmental Quality Review Act, which is called SEQR. The law  - it's pronounced "seeker" at local meetings - is used for major developments in the region, including the Chappaqua Crossing retail plan and Conifer Realty's affordable housing proposal for downtown Chappaqua.

The proposed changes include making the currently optional "scoping" of reviews mandatory - this step, according to the state, is for identifying issues - but also limiting new issues that can be identified; making sure the process occurs within a year with "incentives" and "hard deadlines" added; removing "community and neighborhood character" as a reference in the law.

The group contends that character "can too easily serve as a vehicle for imposing further restrictions on development, beyond those already found in local land-use laws." 

SEQR allows for a reviewing board, such as a town board, to serve as "lead agency" for a project. The early stage of the project includes a document called an environmental assessment form (EAF). A lead agency, later in the review, makes what is called a determination of significance, which is to decide whether or not an applicant must prepare an environmental impact statement (EIS). 

If an EIS is required, then the review process becomes longer. Scoping can be used for shaping the EIS, which is submitted first in a draft form. This version goes through oversight before the lead agency determines it is ready for input from the public, which can include a public hearing. The document then goes through public input.

After the public can weigh in, a final version of the EIS is prepared and is the responsibility of the lead agency. The last document for SEQR is called a findings statement, which follows the final EIS and includes feedback.

An overview of SEQR is on the website of the state's Department of Environmental Conservation.

The group's timeline proposals include giving up to 180 days for completing SEQR; giving a 20-day period for a lead agency to make its determination of significance, or else projects would automatically get negative declarations and become expedited; having the draft EIS become the final EIS if filing of it is not done within 180 days of the scope being finalized.