Simplifying SEQRA for School Districts

By Frances Kabat

The State Environmental Quality Review Act (SEQRA or SEQR) requires school districts as well as local, regional, and state agencies to review the potentially significant environmental impacts of their actions, prior to the start of projects. While some may consider SEQRA to be confusing, stressful, and potentially cause project delays, the SEQRA compliance process can be manageable when expectations are set early during the process. This article will help you understand the SEQRA process and how to keep it from slowing down a project.

Actions undertaken by, funded by, and requiring discretionary approvals from state, local, or regional agencies are subject to SEQRA. When a project involves funding or approval by the New York State Education Department (SED), for example, SEQRA review is triggered. The Lead Agency is the agency responsible for SEQRA compliance. In most cases, the school district’s Board of Education (BOE) acts as the Lead Agency for school district project SEQRA reviews.

As Lead Agency, the BOE is responsible for preparing the SEQRA documents for SED.

The SEQRA process varies based on the scope of the project and can take anywhere from one month to over a year. The scope of the project dictates the SEQRA classification and ultimately the timeline of the SEQRA review.

At least 6 months ahead of the referendum vote, LaBella will review the project scope and determine the level of SEQRA review needed. LaBella will contact the district’s SEQRA Attorney to confirm the SEQRA classification and timeline. Capital Improvement Projects are often classified as Type I Actions given the extensive amount of site work proposed. Capital Outlay Projects and other smaller projects are often classified as Unlisted Actions. Type II Actions, such as the replacement of finishes on existing buildings, are exempt from SEQRA. The table at right outlines the three different types of SEQRA classifications (including project examples) and general requirements.

Type I Action

Approximately 5 to 6 months ahead of the referendum vote, LaBella will prepare Part 1 of the Environmental Assessment Form (“EAF”), identifying any potentially sensitive environmental resources in the project area, such as wetlands, floodplains, threatened or endangered species, archaeological or historic resources. If needed, additional studies will be performed, such as a wetland delineation, traffic study, threatened/endangered species habitat survey, historic resource survey or an archaeological survey. Performing this work early on will save time and money and could avoid the need for additional studies, permits, or approvals.

Type I Actions require a coordinated review. As part of the coordinated review process, the EAF Part 1 will be circulated to the state, regional local agencies providing funding, permits, or other approvals for the project (i.e.; NYSDEC, NYSDOT, NYSHPO, local planning boards, county DOT, etc.).

Classification of action determines whether SEQRA review is required

Type I Action Type II Action Unlisted Action

More likely to have a significant adverse environmental impacts.

Long environmental assessment form (EAF) Part 1 will be completed by applicant for SEQRA review.

Example: Project involving >10 acres ground disturbance, such as a Capital Improvement Projects with field work, parking lot work, or other site work.*

Predetermined to have no significant environmental impacts.

No further action under SEQRA required after action is classified. Environmental assessment form not required.

Example: Project typically involving basic repair or replacement of finishes within existing building or construction of small additions (<10,000 sf).*

Significance of environmental impacts unclear until SEQRA review takes place.

Long or short environmental assessment form Part 1 will be completed by applicant for SEQRA review.

Example: Project could include site and building work that doesn’t meet Type I thresholds, such as a Capital Outlay project involving less than 10 acres of ground disturbance.*

The SEQRA “Lead Agency” reviews the Part 1 EAF and then prepares the Parts 2 & 3 EAF, identifying potential impacts and evaluating their significance.

*A site’s vicinity to historic buildings, parkland or other sensitive resources can lower the numerical thresholds identified in this table.

These potentially involved and interested agencies are put on notice about the BOE’s intention to serve as lead agency, and they may provide comments about the project. The timeframe for coordinated review is 30 days.

Approximately 3 to 4 months ahead of the referendum vote, LaBella will prepare the Parts 2 and 3 of the EAF, analyzing potential environmental impacts and determining any potential mitigation measures. At least 30 days after the EAF Part 1 is circulated, the BOE will issue their determination for the SEQRA review (the goal is a

Negative Declaration or finding of no significant environmental impacts). The Negative Declaration will then be circulated to state and local agencies. The referendum vote must occur at least 45 days after the Negative Declaration is circulated to the involved and interested state, regional, and local agencies.

Unlisted Action

For Unlisted Actions, a coordinated review is optional but is typically recommended because school district projects often require multiple permits and approvals.

Conducting a coordinated review is ultimately up to the discretion of the BOE, as Lead Agency, and their counsel.

If an Unlisted Action undergoes a coordinated review, the timeline is nearly identical to a Type I Action. However, for an uncoordinated review, the timeline would be shortened. So, around 4 to 5 months ahead of the referendum vote, LaBella will prepare Parts 1, 2, and 3 of the EAF.

At a single meeting, the BOE will issue their determination of significance for the SEQRA review (the goal is a Negative Declaration).

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• SEQRA might be discussed at multiple board meetings.

• Board to determine significance of the action (Negative Declaration or Positive Declaration). If Negative Declaration issued, project can be approved to have a voter referendum.

LaBella prepares Negative Declaration and associated documents to be circulated to appropriate agencies.

Projected Duration: Approximately 6-8 Months