Are the mitigation measures identified in the SEPA document (DNS or EIS) mandatory?
Not necessarily. Mitigation conditions required with use of SEPA substantive authority must be included as conditions on a permit, license, or approval, before becoming mandatory or enforceable. Mandatory mitigation required under other local, state, or federal laws may also be included on the DNS by the lead agency for the information of reviewers.
Related Questions
- If mitigation is required by the local development regulations or other local, state, or federal regulations, do these mitigation measures need to be included in the DNS?
- Are the mitigation measures identified in the SEPA document (DNS or EIS) mandatory?
- COULD A REEVALUATION SUBSTITUTE FOR A NEPA DOCUMENT (i.e. supplemental EIS)?
