The SEQRA process, step by step
Part 617's steps and clocks for a Type I or Unlisted action[2][4]:
- Classify the action; a Type II action ends the review[2]
- Set the lead agency within 30 days of the EAF reaching involved agencies; DEC's Commissioner settles disputes[2][4]
- Determine significance within 20 days of becoming lead agency or getting needed information[2]
- After a positive declaration: scoping, a draft EIS online, 30+ days of comment, optional hearing[2][4]
- Final EIS within 45 days of the hearing or 60 of the draft, whichever is later[2]
- Findings at least 10 days after the final EIS, within 30 with an applicant[2]
Type I, Unlisted and SEQR Type II actions
Type I actions (617.4), such as 200 or more homes on public water and sewer in a municipality of 150,000 or fewer, are presumed likely to have a significant adverse impact and need coordinated review. Type II actions (617.5) need no review. All others are Unlisted[2].
Negative declaration, conditioned negative declaration or positive declaration
The lead agency weighs the EAF against the 617.7(c) criteria and explains its determination in writing. One potentially significant adverse impact means a positive declaration and an EIS. A conditioned negative declaration, only for Unlisted actions with an applicant, needs a full EAF and 30 days of public comment[2].
Example: on May 2, 2025 the New York State Gaming Commission issued a positive declaration for Freedom Plaza, a casino bid at 700-708 First Avenue in Manhattan. Its EAF review cited 1,500,000 tons of excavation, 69 months of construction and a 615-foot building with 1,517 parking spaces[5].
What changed in NYS SEQR in 2026
Budget amendments effective May 26, 2026 exempt qualified housing, parks and trails on disturbed sites, public school facilities in New York City, and some water and green infrastructure projects[6][7][8]. They allow one year from naming the lead agency to the significance decision, and, for actions involving a permit application, two years from a positive declaration to the final EIS[6][7][9].
DEC's rules, effective in June 2026, add a significance criterion for pollution burdens on disadvantaged communities, a Type II category for small multifamily buildings, and new EAF forms[2][3][1].