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How Does SEQR Work?

Under the requirements of the Uniform Procedures Act, applications for DEC permits cannot be considered complete unless a completed environmental assessment form as required by the State Environmental Quality Review Act (SEQR) has been received.

Upon receipt of the application and EAF, DEC may choose to coordinate the SEQR environmental review of the project with other state or local agencies having jurisdiction over the project. In doing so, an agency other than DEC may ultimately be designated as the "lead agency". The "SEQR Determination" is the lead agency's assessment of whether or not the proposed project will have a significant adverse impact on the environment.

This SEQR determination takes the form of either a:

Negative Declaration

If an action is determined not to have significant adverse environmental impacts, a determination of nonsignificance (Negative Declaration) is prepared.

Conditioned Negative Declaration

If the action can be made to equate to a non-significant action through enforceable terms conditions placed on a permit or license, a "conditioned negative declaration" may be prepared.

Positive Declaration

If an action is determined to have potentially significant adverse environmental impacts, an "Environmental Impact Statement" is required and the applicant must submit a Draft Environmental Impact Statement (DEIS).

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