May a lead agency charge SEQR fees to cover its expenses for all steps of the SEQR process?
No. SEQR fees may be charged only for the preparation or review of a draft EIS and final EIS. Lead agency expenses for environmental assessments and determinations of significance are not covered. Once a positive declaration has been made, SEQR fees may be charged for scoping as well as for preparation or all subsequent review of the draft and final EIS. 10. May preparation of lead agency findings be covered by SEQR fees? No. 11. May a lead agency recover legal costs as part of their SEQR fees? SEQR fees are intended to cover costs of scoping plus preparation or review of an EIS by the lead agency, including preparation of responses to questions and issues raised by others regarding the draft EIS. Most allowable review costs by a lead agency are likely to be incurred for technical reviews by engineering, planning and environmental consultants, but if a specific legal interpretation is needed to support discussion of some issues within the EIS (e.g. the legal status of land for an alter
