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E. SEQR and Municipal Development Incentives

In This Section You Will Learn about:

  • SEQR and municipal incentives.

1. What forms of public financial support of development incentives by a municipality are subject to SEQR?

Local public agencies can encourage desired development by providing direct financing, financial or tax incentives, and land for development; by constructing infrastructure and by limiting certain regulatory constraints. The provision of such incentives is subject to review under SEQR. If the incentives are proposed broadly such as a local program to encourage senior citizen group housing, they may be examined under SEQR in generic fashion. If they involve one-of-a-kind proposals, site specific reviews would be appropriate. Agencies providing financial or other incentives are involved agencies.

2. Are actions of local or county Industrial Development Agencies (IDA's) subject to review under SEQR?

Yes. The approval to guarantee funds or loans is subject to SEQR, even when no other approvals are required. The exception of course is where the action is classified as a Type II action. If so, no further application under SEQR is required by the IDA. Also, if the funding proposal is part of a previously considered action covered by a negative declaration, no further SEQR review is necessary. If the action is consistent with a previously produced FEIS, the IDA should make SEQR findings about its approval or disapproval of the action, based on such FEIS. If the proposed funding or loan application is independent of any earlier review under SEQR, the IDA must make its own determination of significance.

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