Conditioned Negative Declaration (CND)
A conditioned negative declaration is available for Unlisted actions involving an applicant where conditions imposed by the lead agency mitigate all significant impacts, supported by a full EAF and coordinated review. SEQRA regulations require ENB publication and at least a 30-day public comment period for a CND, and require rescission if substantive comments identify significant impacts not adequately assessed or mitigation deficiencies.
- Where it applies
- New York State
- When it comes up
- Environmental review; mitigation conditioning
- Property types
- All
In practice
Operators treat CND conditions as binding project requirements; the risk is "condition drift" between environmental commitments and construction documents.
Related terms
Environmental and Due Diligence
- Action (SEQRA)
- All Appropriate Inquiries (AAI)
- Brownfield
- Brownfield Cleanup Agreement (BCA)
- Brownfield Cleanup Program (BCP)
- Certificate of Completion (COC)
- City Environmental Quality Review (CEQR)
- Decision Document
- Determination of Significance
- E-Designation
General information, not legal, tax or financial advice.