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Is a municipality required to comply with SEQRA when applying for a grant for a remediation of a property?

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Is a municipality required to comply with SEQRA when applying for a grant for a remediation of a property?

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Yes. In order for a municipality to undertake and/or fund an action, it must comply with the provisions of SEQRA. DEC must comply with SEQRA prior to approving any remediation grants. Since the issues involving brownfield cleanup and redevelopment are primarily local in nature, it is strongly recommended that the municipality assume lead agency status on an action and coordinate review of the action with all involved agencies (including DEC). It is also strongly recommended that coordinated review of an action be conducted and a determination of significance made prior to submitting an application for a grant. Before the Department can issue a grant for remediation, the SEQRA process must be completed. This means that an environmental assessment must be conducted of the “whole action”, by the lead agency, i.e., the remediation and redevelopment.

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