Summary of “Significance” Determination
New York State Environmental Quality Review Act
In New York, most projects approved by a governmental entity require an assessment pursuant to the State
Environmental Quality Review Act (SEQRA). The SEQRA requires the relevant governmental body to identify
and mitigate any “significant environmental impacts” of the proposed project. Environmental assessments
are standardized through use of Environmental Assessment Forms (EAF). Once an applicant completes Part I
of the EAF (“Project and Setting”), the lead agency then assesses that information using the Part II
(“Identification of Potential Project Impacts”). This second step guides the determination of whether the
project will have a “significant” impact. This “significance “ determination is made pursuant to Section 617 of
the SEQRA and using Part III of the EAF. If the lead agency or board determines that the potential project
impacts are “significant,” then the applicant must submit a full Environmental Impact Statement (EIS).
The “significance” determination is an important step in the process of reviewing a project. Preparing and
submitting an EIS can be a long and expensive process; it is completed by environmental and other
consultants, and must propose ways of mitigating the “significant” environmental impacts. If the applicant
fails to propose sufficient mitigation, then the reviewing board or agency may deny the application.
In determining “significance” section 617 of SEQRA requires consideration of, among numerous other items:
1. Any substantial adverse change in: (i) ground or surface water quantity or quality; (ii) traffic or noise
levels; (iii) increase in solid waste production; or (iv) increase in potential for drainage problems.
2. the removal or destruction of large quantities of vegetation or fauna
3. impairment of the character or quality of existing community or neighborhood character
4. major changes in the use of energy
5. encouraging or attracting a large additional number of people to a place (i.e. traffic)
In addition, Section 617 states that the lead agency or board must consider reasonably related, short-term and
long-term, direct, indirect and cumulative impacts. Moreover, the significance of any impact should be
assessed in connection with, among other things, the impact’s irreversibility, magnitude and certainty. Also,
importantly, New York courts have held that where any significant adverse impact is identified, it cannot be
ignored; an EIS must be prepared.
The following cases involving SEQR reviews are instructive.
1. In Chinese Staff & Workers Assn. v City of New York, the Court of Appeals (New York’s highest court)
upheld a denial of permit to build a high-rise in Chinatown, stating, "the impact that a project may
have on population patterns or existing community character, with or without a separate impact on
the physical environment, is a relevant concern in an environmental analysis . . . .”
2. In Wal-Mart Stores v. Planning Bd of the Town of North Elba, the Court sustained the planning board's
denial of a proposed Wal-Mart store on the twin grounds that the store would have undue adverse
impacts on community character and on a "Scenic Preservation Overlay" district. The Board's finding
on community character was premised on SEQR as well as its own special use permit condition.
3. In East Coast Dev. Co. v. Kay, the Court upheld Ithaca’s denial of a site plan for a Wal-Mart on the basis
of visual impact, a consideration required by a SEQRA analysis.