Does a zoning board of appeals, when interpreting a zoning law or ordinance have to apply SEQR?
No. As part of their appellate jurisdiction, zoning boards are specifically authorized to render interpretations of local zoning laws. Interpretations of the local zoning law by zoning boards are classified as Type II actions, which are exempt from SEQR review. 19. Is a use variance that changes the allowable uses on 25 or more acres of land a Type I action? No. The Type I classification for actions that change the uses allowable on 25 acres or more of land refers to legislative rezonings by either the city council, town board or the village board of trustees. Nonetheless, the practical effect of a variance that changes the allowable uses of land on 25 or more acres of land may be the same as a legislative rezoning that affected the allowable uses on 25 or more acres of land. Therefore, a zoning board would be prudent to scrutinize such a request to the same degree as if the action were classified as a Type I action. This can be done by, among other things, utilizing the long-form EAF
