A variety of human actions, developments and decisions can cause
adverse effects on the environment. New York state assesses the
possible environmental effects of the actions with the State Environmental
Quality Review Act, often referred to as SEQRA or SEQR. The law
offers the single greatest opportunity for average citizens to
influence the decisions made by their local government and help
protect the environment. But the law's complexity -- with a labyrinthine
series of steps and a language all its own -- can be daunting.
Since its inception in 1975, the law has pitted environmental
advocates and developers against each other, while the majority
of citizens remain inactive on the sidelines.
''I don't believe that the average citizen is aware that SEQR
provides them with the opportunity to participate in land-use decisions
by their municipalities,'' said Doreen Tignanelli, a Town of Poughkeepsie
resident who learned the ins and outs of SEQR after a developer
purchased land on old Girl Scout camp adjacent to her property
six years ago. She's since become an environmental watchdog in
the town.
Review required
The law requires government to review possible adverse environmental
effects of an action and weigh those effects against possible social
and economic benefits. According to the law, an action is subject
to review if any state or local agency has the authority to issue
a discretionary permit, license or other approval for that action.
It also applies if a project is directly funded or undertaken by
a state or local agency, and if an action or project has a perceivable
effect on the environment.
A variety of environmental conditions can be investigated in the
process. Possible positive or negative effects include changes
in soils, geology, surface water resources, groundwater resources
and vegetation, to effects on transportation, utilities, emergency
services, recreational resources, fiscal effects and demographics.
The process is wide-reaching and can include questions of community
character, visual effects and cumulative impact relative to other
proposals.
''SEQR decisions can impact the environment, public health and
safety, and property values. People should keep up to speed on
what's going on around them,'' said Tim Sweeney, regulatory watch
program director for Environmental Advocates of New York, an environmental
group based in Albany.
The SEQR process provides community members their greatest opportunity
to influence a project or action, and voice either positive or
negative feedback. Community members can write letters to or call
elected officials to voice their concerns, or attend public hearings
and have their comments placed on record. The SEQR process provides
specific opportunities for public input, and comments are most
effective if given during the designated periods.
If opponents and proponents converge on the issues of a project,
more light can be shed upon the issues. The participation can lead
to project improvements and lessen effects. If people fail to participate
and an action goes unchecked, issues may arise after the fact and
the damage may be irreversible.
Participation encouraged
''I
encourage more people to go to more community meetings,'' John
Mylod said. ''That's where decisions get made."
Mylod, an environmental advocate from the City of Poughkeepsie,
and a former executive director of Hudson River Sloop Clearwater,
believes the public understands the basis and need for reviewing
an action's possible environmental effects. However, the law's
language and complexity can cause fits for residents without legal
or political experience.
With terms such as ''negative declaration,'' ''negative findings,''
''scoping,'' ''type one,'' ''type two,'' and ''unlisted'' actions,
the public may find themselves lost in translation.
''No doubt about it, learning the ins and outs of the SEQR process
can seem intimidating,'' Tignanelli said.
Knowing the steps and understanding the proper way to participate
are essential and can be learned in the comfort of your own home.
Tignanelli started with Department of Environmental Conservation
publications about the process, the SEQR Cookbook and the more
detailed SEQR Handbook.
''There is also a huge amount of data available on the Internet,''
she said. ''I couldn't imagine learning the process without the
benefit of the Internet. It would be much more difficult.''
A new law that took effect in March also requires agencies to
post environmental impact statements on the Web.
''I am confident in my ability to defend my stand. If you have
done your research and are sure of the facts, it is much easier
to get your point across. And it's OK if others don't agree with
you. Legal experts disagree on interpretations all the time,''
Tignanelli said. ''The key is you must have factual information
to base your findings on.''
A WALK DOWN SEQR LANE
The State Environmental Quality Review process gives citizens
the most power to affect projects that might harm the environment,
but it can be daunting. Here's a guide to the main steps of the
process, and some of the key vocabulary words one should understand
to participate.
The length and scope of the State Environmental Quality Review,
or SEQR, process depends on the size and type of the action proposed
by an applicant. The applicant is a company, individual or government
body. The action is a proposed project, such as a housing subdivision,
or a decision, such as a new law.
ONE
Determine whether the action may have a significant adverse environmental
effect. If no foreseeable significant environmental effects are
expected, the action is considered a Type II action, and no further
review is necessary. Type II actions can include routine license
or permit renewals or rehabilitation of existing structures.
TWO
Declare it a Type I action. A Type I action has the potential
for significant environmental effects, and can include proposed
land use laws, and large residential or commercial developments.
THREE
The next step for a Type I action is the completion of an environmental
assessment form, or EAF. An EAF describes the action, current baseline
conditions and possible effects, such as increased traffic or degradation
of significant wildlife habitat.
FOUR
Following the completion of an EAF, all government agencies that
would provide funding or permits for the project are informed.
They are known as the involved agencies. Among them, a lead agency
is designated to conduct the review.
FIVE
The lead agency reviews the EAF and determines the significance
of possible environmental effects. If significant environmental
effects are not expected, the agency issues a negative declaration
and the review process ends. A positive declaration means the project
may harm the environment, and requires the creation of an environmental
impact statement, or EIS.
SIX
The lead agency then determines the scope of the draft environmental
impact statement, or DEIS, to be completed. The scope defines what
issues must be studied, and in what detail.
SEVEN
The lead agency must set a 30-day public comment period for scoping,
so people can
suggest relevant issues that should be addressed. The lead agency
may hold a public scoping hearing, but is not required to do so.
The DEIS is a description of the proposed action, its environmental
setting, its purpose and benefits and its potential significant
environmental effects. Alternatives, including taking no action
and potential measures to limit environmental harm, must be included
in the DEIS.
EIGHT
Once the DEIS is submitted to the lead agency, the agency has
45 days to determine if it is complete -- that is, whether it fulfills
the requirements set out in the scope and is ready for public review.
An applicant can revise and resubmit the document if it is deemed
incomplete.
NINE
When the lead agency accepts a DEIS as complete, it is not an
endorsement of the project. It means the DEIS addresses all issues
identified in the scope. After accepting the DEIS as complete,
the lead agency sets a 30-day public comment period and may hold
a public hearing.
TEN
A final environmental impact statement, or FEIS is prepared 45
days after the close of any hearings or 60 days after the filing
of the DEIS, whichever occurs last. The FEIS includes all elements
of the DEIS, as well as the comments from the public and involved
agencies, and the lead agency's response to the comments.
ELEVEN
The final step of the process is for all involved agencies to
issue SEQR findings, and the lead agency to make its decision.
A negative findings statement means the action cannot be approved.
A positive findings statement means the action can be approved.
The action may also be endorsed with modification to limit its
effect.
TWELVE
The lead agency's decision is final unless it is challenged through
an Article 78 proceeding. It can be rescinded if a judge finds
the lead agency did not perform a proper review.
ON THE WEB
For more detailed explanations, visit
www.dec.state.ny.us/website/dcs/seqr/index.html |