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CEQR FAQ

What is CEQR?
How does CEQR differ from SEQRA or NEPA?
What are the rules and regulations governing CEQR and SEQRA and where can I find them?
What projects require environmental review?
Which aspects of the environment are considered in a CEQR review?
What is a lead agency?
What is an involved agency?
What is an interested agency?
What is an Environmental Assessment Statement (EAS)?
What is a determination of significance?
What is an Environmental Impact Statement?
What is a Statement of Findings?
When is an Environmental Impact Statement (EIS) required?
What projects require public notice and comment?



What is CEQR?
City Environmental Quality Review, or CEQR, is a process by which agencies of the City of New York review proposed discretionary actions to identify the effects those actions may have on the environment.

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How does CEQR differ from SEQRA or NEPA?
NEPA
The concept of an interdisciplinary, comprehensive environmental impact assessment was first introduced when the Congress of the United States of America included it in the National Environmental Policy Act of 1969(NEPA). NEPA regulations require all federal agencies to evaluate the environmental consequences of proposed actions and to consider alternatives. NEPA applies to federal actions.

SEQRA
In 1975, New York State enacted the State Environmental Quality Review Act, known as SEQRA. This Act requires that state and local governmental agencies assess environmental effects of discretionary actions before undertaking, funding or approving such actions, unless they fall within certain statutory or regulatory exemptions from the requirements for review.

CEQR
CEQR is New York City's process for implementing SEQRA. CEQR differs from the SEQRA and NEPA in that its procedures pertain to proposed discretionary actions specifically taking place within the boundaries of New York City. CEQR adapts and refines the state rules to take into account the special circumstances of New York City. Some of the primary practical differences between CEQR and SEQRA are that CEQR gives guidance on selection of a lead agency, adds scoping requirements, outlines the environmental review responsibilities of OEC, and promotes the use of the City's CEQR Technical Manual in conducting environmental reviews.

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What are the rules and regulations governing CEQR and SEQRA and where can I find them?
CEQR
CEQR Rules of Procedure are published in the Rules of the City of New York (RCNY), Title 62, Chapter 5 with provisions of Executive Order No. 91 published as an Appendix and also in Title 43 of the Rules of the City of New York. These rules may be found in the Appendices to the CEQR Technical Manual.

SEQRA
SEQRA is Article 8 of the State Environmental Conservation Law. The State Department of Environmental Conservation (DEC) regulations are published in Part 617 of Title 6 New York Codes, Rules and Regulations (NYCRR), and are included in the Appendices to the CEQR Technical Manual.

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What projects require environmental review?
Actions subject to CEQR are discretionary actions: (1) directly undertaken by a City agency; (2) funded by a City agency ; or (3) approved by a City agency. They may be actions initiated by the City or actions proposed by private applicants for approval by City agencies. Ministerial actions, such as the routine issuance of building permits, are not subject to CEQR.

In addition, SEQRA, which is implemented in the City by CEQR, contains a list of "Type II" actions that are not subject to environmental review.

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Which aspects of the environment are considered in a CEQR review?
The following are the substantive impact areas for environmental review under CEQR:

  • Land Use, Zoning, and Public Policy
  • Socioeconomic Conditions
  • Community Facilities and Services
  • Open Space
  • Shadows
  • Historic Resources
  • Urban Design/Visual Resources
  • Neighborhood Character
  • Natural Resources
  • Hazardous Materials
  • Waterfront Revitalization Program
  • Infrastructure
  • Solid Waste and Sanitation Services
  • Energy
  • Traffic and Parking
  • Transit and Pedestrians
  • Air Quality
  • Noise
  • Construction Impacts
  • Public Health

Methods for analyzing potential impacts on each of these areas are provided in Chapter 3 of the CEQR Technical Manual.

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What is a lead agency?
A lead agency is one that can undertake, fund, or approve a discretionary action and that is principally responsible for the environmental review.

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What is an involved agency?
An involved agency is one that can approve, fund, or undertake an action.

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What is an interested agency?
An interested agency is one that lacks the jurisdiction to approve, fund, or undertake an action, but requests or is requested to participate in the environmental review because of special concerns or expertise.

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What is an Environmental Assessment Statement (EAS)?
An environmental assessment statement is a form used to describe the proposed action and its location and that contains a first level of analysis of the environmental review impact areas to determine potential effects on the environment. It is used by a lead agency to inform the determination of significance.

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What is a determination of significance?
Based on the information presented in the EAS, the lead agency decides if there will or will not be an effect on the environment. A negative declaration is prepared when the lead agency determines that there will not be a significant impact on the environment. A positive declaration is prepared when there is a potential significant impact on the environment. A positive declaration leads to the preparation of a Draft Environmental Impact Statement (DEIS). In certain circumstances involving a private applicant, a conditional negative declaration is prepared when the applicant agrees to mitigate impacts as part of the project.

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What is an Environmental Impact Statement?
An environmental impact statement (EIS) is a disclosure document that provides a complete analysis of all appropriate impact areas and provides a means for agencies, project sponsors, and the public to consider an action's significant adverse environmental impacts, alternatives, and mitigations. An EIS facilitates the weighing of social, economic, and environmental factors early in the planning and decision-making process. A draft EIS (DEIS) is the initial statement that is circulated for review and comment, which is incorporated (as appropriate) into the DEIS to produce a final EIS (FEIS). The FEIS is the disclosure document upon which the lead and involved agencies set forth their decisions in a Statement of Findings.

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What is a Statement of Findings?
A Statement of Findings is a written statement prepared by each involved agency after a Final EIS has been filed that considers the relevant environmental impacts presented in an EIS, weighs and balances them with social, economic, and other essential considerations, provides a rationale for the agency's decision, and certifies that the CEQR requirements have been met.

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When is an Environmental Impact Statement (EIS) required?
An Environmental Impact Statement (EIS) is required to be completed by a lead agency for a discretionary action that has been determined to have the likelihood of having one or more significant adverse impacts on the environment. This determination, known as a positive declaration, is usually made after the preparation of an Environmental Assessment Statement (EAS). If, after preparation of the EAS, the lead agency determines that the project will not have a significant adverse impact on the environment, it issues a negative declaration, which ends the environmental review process.

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What projects require public notice and comment?
Public notice and solicitation of comments is required for projects for which an EIS will be prepared. A determination that the action is likely to have a significant adverse impact on the environment is usually based on an EAS, but for some large projects the lead agency may issue a positive declaration without completing an EAS. A positive declaration requires the preparation of a DEIS by the lead agency. Upon completion of the DEIS, the lead agency prepares a Notice of Completion describing the action, its potential impacts, and specifying the period of public review and comment. The lead agency must then hold public hearings no less than 15 days or more than 60 days after the filing of the DEIS and must also accept written comments on the DEIS.

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CEQR Links
Council on Environmental Quality (NEPA)
New York State Department of Environmental Conservation (SEQRA)
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