NY Appellate Court Explains Evidentiary Burdens Required for Type 1 Actions under SEQRA Where Town Adopts New Zoning Laws to Ensure Participation in National Flood Insurance Program « LAW OF THE LAND

Read entire post by Prof. Salkin at her “Law of the Land” Blog.

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Amendments of zoning ordinances are Type 1 actions under SEQRA and require evaluation of their environmental impact. If the lead agency determines that environmental impact of the action would be insignificant, preparation of an environmental impact statement is not required and the Town may issue a negative declaration. Once a negative declaration is issued, a Court may only overturn it where they find that it is arbitrary, capricious or not supported by the evidence.

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Gabrielli v. Town of New Paltz, 513099, 2012 WL 652798 (N.Y.A.D. 2 Dept. 3/1/2012)

This opinion can be accessed at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_01538.htm