6 NYCRR Part 617 - State Environmental Quality Review

1 6 NYCRR Part 617 State Environmental Quality Review Revisions adopted June 27, 2018 Effective January 1, 2019 Reproduction of 6 NYCRR Part 617 as it appears in the Official Compilation of Codes, Rules and Regulations of the State of New York Division of Environmental Permits 625 Broadway, 4th Floor, Albany, NY 12233 P: (518) 402-9167 | F: (518) 402-9168 | SEQR Regulations reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 1 of 40 6 NYCRR PART 617 State Environmental Quality Review Statutory Authority: Environmental Conservation Law Sections 3-0301 (1) (b), 3-0301 (2) (m), and 8-0113 The Division of Environmental Permits has prepared this publication as a reproduction of 6 NYCRR Part 617 as it appears in the Official Compilation of Codes, Rules and Regulations of the State of New York.

2 The official version of the regulations published by the Department of State should be consulted for the correct and officially adopted text of the regulations. (Applicable to all State and local agencies within New York State including all political subdivisions, districts, departments, authorities, boards, commissions, cities, counties, villages, towns and public benefit corporations) REVISIONS ADOPTED JUNE 27, 2018 REVISIONS EFFECTIVE: JANUARY 1, 2019 TABLE OF CONTENTS 6 NYCRR PART 617 .. 1 AUTHORITY, INTENT AND PURPOSE .. 2 DEFINITIONS .. 3 GENERAL RULES .. 7 TYPE I ACTIONS .. 8 TYPE II ACTIONS .. 11 INITIAL Review OF ACTIONS AND ESTABLISHING LEAD AGENCY .. 16 DETERMINING SIGNIFICANCE .. 20 SCOPING .. 24 PREPARATION AND CONTENT OF Environmental IMPACT STATEMENTS .. 25 GENERIC Environmental IMPACT STATEMENTS.

3 31 DECISION-MAKING AND FINDINGS REQUIREMENTS .. 33 DOCUMENT PREPARATION, FILING, PUBLICATION AND DISTRIBUTION .. 34 FEES AND COSTS .. 36 INDIVIDUAL AGENCY PROCEDURES TO IMPLEMENT SEQR .. 37 ACTIONS INVOLVING A FEDERAL AGENCY .. 39 CONFIDENTIALITY .. 40 REFERENCED MATERIAL .. 40 SEVERABILITY .. 40 EFFECTIVE DATE .. 40 40 SEQR Regulations reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 2 of 40 AUTHORITY, INTENT AND PURPOSE (a) This Part is adopted pursuant to sections 3-0301(1)(b), (2)(m) and 8-0113 of the Environmental Conservation Law to implement the provisions of the State Environmental Quality Review Act (SEQR). (b) In adopting SEQR, it was the Legislature's intention that all agencies conduct their affairs with an awareness that they are stewards of the air, water, land and living resources, and that they have an obligation to protect the environment for the use and enjoyment of this and all future generations.

4 (c) The basic purpose of SEQR is to incorporate the consideration of Environmental factors into the existing planning, Review and decision-making processes of State , regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant impact on the environment, and, if it is determined that the action may have a significant adverse impact, prepare or request an Environmental impact statement. (d) It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities.

5 Accordingly, it is the intention of this Part that a suitable balance of social, economic and Environmental factors be incorporated into the planning and decision-making processes of State , regional and local agencies. It is not the intention of SEQR that Environmental factors be the sole consideration in decision-making. (e) This Part is intended to provide a statewide regulatory framework for the implementation of SEQR by all State and local agencies. It includes: (1) procedural requirements for compliance with the law; (2) provisions for coordinating multiple agency Environmental reviews through a single lead agency (section of this Part); (3) criteria to determine whether a proposed action may have a significant adverse impact on the environment (section of this Part); (4) model Environmental assessment forms to aid in determining whether an action may have a significant adverse impact on the environment (Appendices A and B of section of this Part); and (5) examples of actions and classes of actions which are likely to require an EIS (section of this Part), and those which will not require an EIS (section of this Part).

6 SEQR Regulations reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 3 of 40 DEFINITIONS As used in this Part, unless the context otherwise requires: (a) "Act" means article 8 of the Environmental Conservation Law (SEQR). (b) "Actions" include: (1) projects or physical activities, such as construction or other activities that may affect the environment by changing the use, appearance or condition of any natural resource or structure, that: (i) are directly undertaken by an agency; or (ii) involve funding by an agency; or (iii) require one or more new or modified approvals from an agency or agencies; (2) agency planning and policy making activities that may affect the environment and commit the agency to a definite course of future decisions; (3) adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect the environment; and (4) any combinations of the above.

7 (c) "Agency" means a State or local agency. (d) "Applicant" means any person making an application or other request to an agency to provide funding or to grant an approval in connection with a proposed action. (e) "Approval" means a discretionary decision by an agency to issue a permit, certificate, license, lease or other entitlement or to otherwise authorize a proposed project or activity. (f) "Coastal area" means the State 's coastal waters and the adjacent shorelands, as defined in article 42 of the Executive Law, the specific boundaries of which are shown on the coastal area map on file in the Office of the Secretary of State , as required by section 914(2) of the Executive Law. (g) "Commissioner" means the Commissioner of the New York State Department of Environmental Conservation. (h) "Conditioned negative declaration" (CND) means a negative declaration issued by a lead agency for an Unlisted action, involving an applicant, in which the action as initially proposed may result in one or more significant adverse Environmental impacts; however, mitigation measures identified and required by the lead agency, pursuant to the procedures in section (d) of this Part, will modify the proposed action so that no significant adverse Environmental impacts will result.

8 SEQR Regulations reproduction of 6 NYCRR Part 617 (Effective date: January 1, 2019) Page 4 of 40 (i) "Critical Environmental area" (CEA) means a specific geographic area having exceptional or unique Environmental characteristics that has been designated by a State or local agency pursuant to section of this part. (j) "Department" means the New York State Department of Environmental Conservation. (k) "Direct action" or "directly undertaken action" means an action planned and proposed for implementation by an agency. "Direct actions" include but are not limited to capital projects, promulgation of agency rules, regulations, laws, codes, ordinances or executive orders and policy making that commit an agency to a course of action that may affect the environment. (l) "Environment" means the physical conditions that will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, resources of agricultural, archeological, historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character, and human health.

9 (m) " Environmental assessment form" (EAF) means a form used by an agency to assist it in determining the Environmental significance of actions. A properly completed EAF must contain enough information to describe the proposed action, its location, its purpose and its potential impacts on the environment. The model full and short EAFs contained in Appendices A and B of section of this Part may be modified by an agency to better serve it in implementing SEQR, provided the scope of the modified form is as comprehensive as the model. (n) " Environmental impact statement" (EIS) means a written "draft" or "final" document prepared in accordance with sections and of this Part. An EIS provides a means for agencies, project sponsors and the public to systematically consider significant adverse Environmental impacts, alternatives and mitigation.

10 An EIS facilitates the weighing of social, economic and Environmental factors early in the planning and decision-making process. A draft EIS is the initial statement prepared by either the project sponsor or the lead agency and circulated for Review and comment. An EIS may also be a "generic" in accordance with section of this Part, a "supplemental" in accordance with paragraph (a)(7) of this Part or a "Federal" document in accordance with section of this Part. (o) " Environmental Notice Bulletin" (ENB) means the weekly publication of the department published pursuant to section 3-0306 of the Environmental Conservation Law. (p) "Findings statement" means a written statement prepared by each involved agency, in accordance with section of this Part, after a final EIS has been filed, that considers the relevant Environmental impacts presented in an EIS, weighs and balances them with social, economic and other essential considerations, provides a rationale for the agency's decision and certifies that the SEQR requirements have been met.