SEQRA As A Tool for Historic Preservation

Local landmark designation remains the tool of choice for effective protection of historic buildings. However, many landmark ordinances address only alteration and demolition of historic structures. Few control what happens to the land surrounding these structures. In New York State we are fortunate to have implementation regulations under the, State Environmental Quality Review Act [SEQRA], a subsection of New York State Environmental Conservation Law. Under this law, the environment includes not only natural resources, but cultural resources as well. Cultural resources include architectural, historical and archeological resources.

SEQRA has become an intrinsic part of land use decisionmaking by local municipalities as well as other public agencies. A so-called SEQRA review must be undertaken for every action involving land development. The purpose of the review is to determine if the proposed action is likely to have a significant effect on the environment, and if so to require an environmental impact statement for the purpose of developing alternatives to the proposed plan which may reduce potential impacts. Although SEQRA accords all historic resources status under the law, it accords sites that are listed on the National Register of Historic Places special importance, classifying them Type I. A Type I action is an indication that the proposed action (e.g. subdivision) is more likely to have a significant effect on the environment.

The law requires that impacts be mitigated to the greatest extent practicable. Toward this goal the municipality can order studies such as historic structures reports and archaeological surveys, paid for by the developer, to provide information that the municipality needs to make its decision. SEQRA also enables the municipality to plan appropriately for the long term preservation of historic sites by requiring, for example, that the main structure as well as service buildings and significant site features such as perimeter walls, period landscaping and such, be contained on the same lot. If the developer is not willing to do this voluntarily as part of the proffered development plan, than he/she can be required to produce an environmental impact statement which allows the municipality to consider design alternatives which are more likely to result in preserving historic sites in meaningful settings. Like all laws, SEQRA cannot substitute for a lack of political will, but it can go a long way towards protecting historic resources in ways that will confer long-term value.