Realty Subdivisions: State Environmental Quality Review (SEQR) Coordinated Reviews and Full and Short Environmental Assessment Forms
Table of Contents
Introduction
The New York State Department of Health (DOH) and Local Health Departments (LHD, i.e., city or county health departments and DOH district offices) have an interest in protecting human and public health during the design, planning and construction of realty subdivisions in New York State. The following provides background to, and direction for, completing the DEC Short and Full Environmental Assessment Forms (EAFs) as part of the SEQR process. This webpage emphasizes the need for a coordinated SEQR review [6NYCRR 617; subsection 617.6(b)(3)] of all realty subdivision projects regardless of size, location, or type of water and sewerage services (i.e., individual or public). Through coordinated review of realty subdivision projects, confusion and delays in project approval will be avoided.
Background
The term realty subdivision and other related terms are defined in §1115 of Public Health Law and §17-1501 of Environmental Conservation Law (PHL and ECL). Generally speaking, a realty subdivision has the following attributes:
- There are 5 or more parcels, where each parcel is 5 acres or less;
- The parcels are described by metes and bounds;
- There is common ownership/common control;
- The development is along an existing street, highway, easement or right-of-way;
- The fifth parcel of land is offered for sale or lease within three years of the first parcel being offered for sale or lease.
According to a 1982 memorandum of understanding between the DOH and DEC, all realty subdivision plan approvals are handled by jurisdictional LHD offices. Such approvals are limited to assuring that adequate and satisfactory water and sewerage services will be provided according to policy and procedures jurisdictional to both agencies. In addition to assuring water and sewerage services are adequate and satisfactory, DOH also has a significant interest in assuring that public and human health impacts due to construction, post-construction, and site conditions at realty subdivisions are minimized and mitigated to the extent possible. Generally speaking LHD staff is very knowledgeable about projects and activities located within their jurisdictional geographic areas that can impact the environment and also those that can impact human and public health. Examples of these projects include:
- locations of public and private water supplies;
- wastewater treatment facilities;
- solid waste landfills and hazardous waste management facilities;
- mining activities;
- other projects that can significantly impact public and human health and the environment.
Consequently, DOH requests that the items listed in the table below be considered and investigated by lead agencies [6NYCRR 617; subsection 617.2(u)] conducting SEQR for realty subdivision projects, and that LHD staff routinely be consulted.
If there are any questions please contact the LHD having jurisdiction for realty subdivision plan approval in your town or other municipal entity.
Coordinated Reviews
In accordance with DOH policy, realty subdivision projects, regardless of whether they are considered listed or unlisted actions with respect to 6 NYCRR 617, must undergo coordinated review. Subsequently, lead agencies should conduct a coordinated review upon commencing the SEQR process for any realty subdivision project. Such review should ensure that the LHD is an involved agency.
Short or Full EAFs
For any realty subdivision project not requiring a Full EAF in accordance with 10 NYCRR 617.4, a Short EAF may be used where the lead agency deems it is appropriate.
The following table contains applicable realty subdivision SEQR items from the Short and Full EAF Workbooks, with corresponding potential human and public health impacts that lead agencies should consider when conducting realty subdivision project reviews.
General recommendation: LHDs should routinely be contacted at the start of the SEQR process to discuss the proposed scope, timing and involvement of the LHD and other potentially involved agencies for all proposed realty subdivisions.
| Short EAF Items | Full EAF Items | Realty Subdivision SEQR Considerations/Commentary |
|---|---|---|
| Part 1, Item 4: "Land uses" |
Part 1, Sections D and E "Project Details" and "Land Uses" |
Land uses on, adjoining and near proposed actions can impact human and public health (see all items below) |
| Part 1, Item 10: "Connections to public or private water supplies" |
Part 1, D.2.c "Demand for Water" |
Contact the LHD and the local municipality to verify if the project will connect to a public or private water supply and if the supply has the capacity to provide water service |
| Part 1, Item 17: "Stormwater discharges" |
Part 1, D.2.c "Stormwater runoff" |
Contact the LHD and the local municipality to verify if storm water discharges are adjacent to existing or planned public or private water supplies |
| Part 1, Item 19: "Solid Waste Management Facilities" |
Part 1, D.2.r and E.1.f "Solid waste management or disposal" |
Contact the LHD and the local municipality to verify if solid waste management facilities may presently exist or have been in the past on, or adjoining to, the site. Some solid waste management facilities may have accepted hazardous wastes in the past. Will solid waste (e.g., trees and other wood waste) resulting from construction activities be disposed of onsite? |
| Part 1, Item 20: "Hazardous waste disposal, spills, site remediation" |
Part 1, E.1.g and E.1.h "Hazardous waste disposal, spills, site remediation" |
Contact the LHD and the local municipality to verify if any remediation for hazardous waste (including spills) may be ongoing or completed on, or adjoining to, the site. Solid waste management facilities may have accepted hazardous wastes in the past. |
| Part 2, Item 7: "Impacts on public and private water supplies" |
Part 2, Sections 3, 4 | Contact the LHD and the local municipality to verify if the project could impact, and to assess the extent (if any) of the impact on, public or private water supplies |
| Part 2, Item 9: "Adverse changes to natural resources" |
Part 2, Section 7.i | See Part 2, Item 7 above, and Part 2, Item 10 below |
| Part 2, Item 10: "Erosion, flooding or drainage problems" |
Part 2, Sections 3, 4 | Erosion, flooding and drainage (stormwater) problems can impact or create:
|
| Part 2, Item 11: "Hazards to human and public health" |
Part 2, subsections b, c, e through l "Impact on human/public health" |
Agricultural lands (vineyards, orchards, croplands)
Lands planned for development may have had pesticides and other chemicals applied onto them in the past.
Considerations to include:
|
| Part 2, Item 11: "Hazards to human and public health" |
Part 2, subsections b, c, e through l "Impact on human/public health" |
Chemicals/fuel/oil: storage, disposal, remediation, spills
Lands planned for development may have had the above activities. Considerations to include:
|
| Part 2, Item 11: "Hazards to human and public health" |
Part 2, subsections b, c, e through l "Impact on human/public health" |
Solid and hazardous waste management facilities and hazardous waste remediation projects which include active or previous handling and disposal or remediation activities of solid and hazardous wastes and materials. Lands planned for development may have had the above activities. Considerations to include:
|
| Part 3: "Determination of Significance" |
Part 3 "Determination of Significance" |
Contact the LHD and the local municipality to assess "moderate to large impacts" for any of the above items, or if a "positive declaration" is issued (Full EAF) |
