Here are answers to a number of frequently asked questions that MOEC
has compiled over time.
City Environmental Quality Review, or CEQR, is the
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
If a federal
agency funds part of a project, approves a permit, or undertakes a project,
that agency must comply with the National Environmental Policy Act of 1969
(NEPA) before taking its action. NEPA requires all federal
agencies to evaluate the environmental consequences of proposed actions and to
consider alternatives.
SEQRA
If a state
agency funds part of a project, approves a permit or project, or undertakes a
project, that agency must comply with 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, and can be no less stringent than its state
counterpart. CEQR differs from 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 provides guidance
on selection of a lead agency, adds scoping requirements, and
promotes the use of the City's CEQR Technical Manual in conducting
environmental reviews.
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to FAQ]
- Which aspects of the environment are considered in a CEQR review?
The following are the substantive technical areas assessed during an
environmental review under CEQR:
- Land Use, Zoning, and Public Policy
- Socioeconomic Conditions
- Community Facilities and Services
- Open Space
- Shadows
- Historic and Cultural Resources
- Urban Design and Visual Resources
- Natural Resources
- Hazardous Materials
- Infrastructure
- Solid Waste and Sanitation Services
- Energy
- Transportation
- Air Quality
- Greenhouse Gas Emissions
- Noise
- Public Health
- Neighborhood Character
- Construction Impacts
Methods for analyzing
potential impacts in each of these areas are provided in Chapters 4 through 22
of the CEQR Technical
Manual.
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- What triggers a CEQR review?
Puursuant to SEQRA, CEQR reviews are triggered whenever
a city agency has a discretionary action to approve. If a project needs
certain discretionary actions or approvals before it can start, CEQR is
generally invoked. Such action may be initiated by the
City or proposed by private applicants for approval by a City
agency. Ministerial actions, such as the routine issuance of
building permits, do not require CEQR review.
To determine whether a project needs to be reviewed
under CEQR, ask the following:
-
Does the project need discretionary approvals or
permits from any city agency?
-
Will city funding be requested in order to complete
the project?
-
Is the project being directly undertaken by a city
agency?
If the answer is YES to any of these
questions, the project needs to undergo environmental review under
CEQR.
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FAQ]
- What type of review is needed under CEQR?
The level of review needed depends on the type of
action. To determine the appropriate level of review,
determine the following:
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FAQ]
- When is public notice and a comment period required?
The results of the EAS determine whether a project requires a public
notice and comment period. There are two instances when
public notice and comment apply: after the issuance of a
conditional negative declaration and after the issuance of a positive
declaration (when a project requires an EIS to be
prepared). If the lead agency issues a conditional negative
declaration for a project, the public is notified and has 30 days in which to
comment. If the lead agency issues a positive declaration
for your project, there are two opportunities for the public to participate:
a public comment period and a scoping meeting on the draft
scope and a public comment period and hearing on the draft EIS
.
Note: Some agencies conduct public hearings and
solicit public comment as part of their decision making processes (such as
ULURP) that occur outside of the CEQR process and may be required regardless
of the outcome of a CEQR review. However, in many cases, if
a public notice and comment period is required during the CEQR process,
attempts are made to coordinate the hearings, meetings, and/or public comment
periods.
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FAQ]
- Where can I find out what all of these CEQR terms
mean?
CEQR has its own terminology, see the CEQR Glossary for a list of the key
terms. For a full listing of technical terms you
may encounter while reading environmental review documents, please refer
to the CEQR Technical Manual’s Glossary.
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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 Title 62 of the Rules of the City of New York (RCNY), 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, Chapter
6.
SEQRA
SEQRA is Article 8 of the New York 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).
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- What is the history of CEQR and where can I find more
information?
Please see the CEQR Laws and
Regulations.
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Please contact MOEC if you have
any questions regarding any of the FAQs above or your question(s) was not
covered.