Posted by: Dawn Powell | July 27, 2016

NYS DEC – SEQR, Lead agency

The county went ahead and declared themselves the lead agency, but this is what they are supposed to do:

4. Which agency should be lead?

The lead agency is normally the involved agency principally responsible for carrying out, funding or approving an action.

5. How is the lead agency chosen?

The agency undertaking a direct action or the first agency to receive a request for funding or approval should circulate a letter, Part I of the EAF and a copy of the application, including a site map, to other potentially involved agencies. That agency may choose to indicate its desire to serve as lead or may point out that its jurisdiction may be minimal compared to other agencies. If it has indicated a desire to become lead agency, it may also note its intended determination of significance. The letter should request all other involved agencies to state their interests and concerns regarding selection of lead agency and potential impacts of the overall action. The letter should also note that an agency’s failure to respond within 30 days of the date of the letter will be interpreted as having no interest in the choice of lead agency and having no comments on the action at this time.

If an involved agency desires to be lead or objects to another involved agency being lead or has comments that could influence selection of the lead agency, it should advise the other involved agencies as soon as possible. Although written comments should be provided for reference purposes, initial communication by phone or direct meetings may resolve lead agency questions more quickly, avoiding delays and impasses. If the initial agency is not the one finally established as lead, then that agency has a responsibility to forward to the lead agency all comments that it may have received regarding the action which could influence a determination of significance.


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