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Step 4b: Issuing a Conditioned Negative Declaration

For Unlisted Actions that involve an applicant, the lead agency may use the Conditioned Negative Declaration (CND) procedure. The following elements are necessary to support use of a CND.

  • a full EAF has been prepared;
  • a coordinated review has been completed [see 617.6(b)(3)];
  • the SEQR conditions imposed [see 617.3(b) and 617.7(d)(1)(iii) have eliminated or reduced the identified potentially significant adverse impact(s) to a non-significant level;
  • the notice is filed and published the same as for Type I actions [see 617.12(b) and (c)];
  • a 30 day minimum public comment period has been provided (commencing with the appearance of the notice in the "Environmental Notice Bulletin" ) stating what conditions have been imposed.

The conditions appropriate for use in a CND are those outside the normal jurisdiction of the agency. A condition that requires analysis of the results of a future study is inappropriate. Such information must be available prior to determining significance. If comments are received, that in the lead agency's judgement, support the preparation of a draft E.I.S., or if the applicant requests an E.I.S., proceed to step 5.

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