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
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)
- Conditioned Negative Declaration (CND)
- Decision Document
- Determination of Significance
General information, not legal, tax or financial advice.