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New "previously disturbed site" test tightens when Beacon projects qualify for exemption
Summary
Workshop presenters said the amended law adds a five-part test for "previously disturbed site," including a two-year lookback, adjacency to developed parcels, no recent agricultural use, coastal-erosion exclusions, and FEMA floodplain rules tied to local elevation laws.
Presenters said the statutory changes add a detailed definition of "previously disturbed site" that will determine eligibility for multiple SEQRA exemptions. The test requires (1) substantial alteration by improvements or use at least two years before application, (2) adjacency to other developed parcels, (3) no agricultural use in the immediately preceding period, (4) exclusion if in a coastal erosion hazard area, and (5) floodplain exclusions unless a municipality has adopted a local elevation law.
Presenter 2 warned that the definition raises practical questions for large parcels with partial historical disturbance: "So I think this is where the question that you raised, John, is coming in is folks are saying, okay, well, what does it mean for what is substantially altered?" The presenters recommended staff seek DEC guidance on ambiguous boundaries and to check Beacon's flood-damage-prevention code to determine whether the local law preserves exemptions for floodplain-adjacent parcels.
