Back to Articles

SEQRA SERIES, PART 3 - Completing an Environmental Assessment Form (EAF)

Jun. 7th, 2024 11:00 am

Energy Environmental Government Accountability Historic Preservation Land Use & Zoning Municipal

Completing an Environmental Assessment Form (EAF) Under SEQRA

The type of Environmental Assessment Form (EAF) required depends on whether the action is classified as Type I, Unlisted, or Type II. This blog provides a guide to understanding and completing the correct EAF depending on the type of project, and whether an EAF needs to be completed at all.

Type I Actions

As discussed in last week’s blog, Type I actions are those with a higher likelihood of significant environmental impact. These projects meet or exceed specific thresholds outlined in SEQRA regulations, such as large-scale developments, major infrastructure projects, change of use(s) in a zoning district and affecting 25+ acres, or adopting a Comprehensive Plan.

Steps for Completing a Full EAF for Type I Actions:

  • Full EAF Part 1: Complete Part 1 of the Full EAF, which includes detailed information about the project’s location, purpose, and potential environmental impacts.
  • Submission and Coordination: Submit the completed Part 1 to the lead agency, which will distribute it to all involved agencies for a coordinated review. All involved agencies must agree on a lead agency within 30 days.
  • Public Participation: Engage with the public as required, allowing for scoping and commenting on the Draft Environmental Impact Statement (DEIS), if necessary (to be covered in a later blog).

Unlisted Actions

Unlisted actions do not meet Type I thresholds but are not exempt from SEQRA. They can range from minor land use changes to moderate-scale developments. It is context dependent.

Steps for Completing a Short EAF or Full EAF for Unlisted Actions:

  • Short EAF Part 1: Typically, a Short EAF is sufficient. Complete Part 1, providing basic information about the project and its potential impacts.
  • Optional Full EAF: If the reviewing agency deems the Short EAF insufficient, you may be required to complete a Full EAF.
  • Review Process: The lead agency may opt for either coordinated or uncoordinated review. In coordinated review, the lead agency communicates with all involved agencies. In uncoordinated review, each agency conducts its own environmental assessment independently.

Type II Actions

Type II actions are predetermined to have no significant environmental impact and are thus exempt from further SEQRA review. Examples include building a single-family home, granting a setback or lot line variance, or adopting a moratorium.

Conclusion

Understanding which EAF to complete is a crucial step in the SEQRA process. Type I actions require a Full EAF and a coordinated review, while Unlisted actions typically need a Short EAF but may require a Full EAF based on the agency's discretion. Type II actions are exempt from further review, streamlining the process significantly. Proper classification and form completion ensure compliance with SEQRA and facilitate a smooth review process.

If you have questions about SEQRA, need assistance with SEQRA, or are seeking guidance with an Environmental, Land Use & Zoning, or Municipal Law matter, please contact Mindy L. Zoghlin, Esq. or Jacob H. Zoghlin, Esq.

Previous: Read Part 2 - Classifying the Action Next: Read Part 4 - Coordinated Review and Determining Significance

DISCLAIMER: This blog is made available by the lawyer/law firm for educational purposes only. Except as expressly provided to the contrary in a signed writing, all materials provided on this website, including these blogs, are provided on an “as-is” basis without warranties of any kind, either express or implied. It provides only general information and commentary on the law and/or legal issues in the news. Nothing herein provides specific legal advice. These contents may further constitute Attorney Advertising. By using this website, you understand, acknowledge, and agree that there is no attorney client relationship between you and the blog, lawyer, or law firm. The blog posts should not be used as a substitute for legal advice from a licensed professional attorney in your state.