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Positive Declaration

A positive declaration is the lead agency's determination that the action may result in one or more significant adverse environmental impacts and therefore requires preparation of an EIS. SEQRA rules require the positive declaration to identify potential significant impacts and to address scoping procedures.

Where it applies
New York State
When it comes up
Environmental review escalation; EIS initiation
Property types
All

In practice

Once a positive declaration is issued, operators should shift to "EIS program management," treating technical studies and public process milestones like a project schedule.

Related terms

Draft EISScopingFinal EISFindings Statement