Participation in the SEQR Process B. Uncoordinated Review
1. What is uncoordinated review under SEQR?
Uncoordinated review is the process by which involved agencies review the impacts of a proposed action, independently, issue a negative declaration, and make a decision to fund, undertake or approve the action. Uncoordinated review applies only to certain Unlisted actions. Unlisted actions that may have a significant adverse environmental impact and Unlisted actions that will receive a conditioned negative declaration require coordinated review.
(see also Participation in the SEQR Process - A. Coordinated Review, question 2).
2. What are the advantages and disadvantages of uncoordinated review procedures for Unlisted actions?
Advantages:
Uncoordinated review can save time because there is no delay in establishing a lead agency. Each agency involved in the action may proceed to make its own separate determination of significance and decision about the action. In uncoordinated review, there are no filing requirements for negative declarations except that they be available in the agency's own files for public reference [see 617.12(b)].
Disadvantages:
Without coordination, the decisions of the various involved agencies may conflict. This may cause confusion and delay in the processing of some of the approvals for the proposed action, and even interruption in construction activity. At any time prior to an agency's final decision, that agency's negative declaration may be superseded by a positive declaration by any other involved agency. For larger, more complex Unlisted actions, uncoordinated review may not be appropriate.
3. What happens during uncoordinated review if another involved agency determines the action may have a significant adverse impact?
Coordinated review is triggered. The agency proposing the positive declaration must circulate Part 1 of the EAF to all involved agencies, noting its intent to serve as lead agency and to issue a positive declaration. Lead agency inquiry and response procedures as described in Participation in the SEQR Process - C. Establishment of Lead Agency must then be followed. If an involved agency has issued a negative declaration following uncoordinated review but has not made its final decision on the action that negative declaration is superseded by the positive declaration.
4. What happens when an agency has made its final decision under uncoordinated review and another agency calls for coordination?
Any agency which has proceeded through the uncoordinated review process to the point of making a negative declaration and a final decision is no longer considered an involved agency.
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