When is sepa required




















Q: If a project has been reviewed under SEPA but new information indicates supplemental review is needed for a portion of the project, can construction of the unaffected portion proceed? A: SEPA rules state no action that would foreclose options can be taken until the environmental review has been completed.

A: SEPA substantive authority is the regulatory authority granted to all state and local agencies to condition or deny a proposal to ensure identified environmental impacts can be sufficiently offset. A: Not necessarily.

Mitigation conditions required under SEPA substantive authority must be included as conditions on a permit, license, or approval, before they become mandatory or enforceable. Mandatory mitigation required under other local, state, or federal laws may also be included on the DNS by the lead agency for the information of reviewers.

Q: How much review is required at the planning stage for project impacts? A: Lead agencies are responsible for considering the probable significant adverse impacts of planning actions such as adopting comprehensive plans and development regulations. If the proposed plans or regulations would allow activities to occur that are likely to have significant adverse impacts, those impacts must be addressed in the environmental review of the planning action.

The more detailed the review at the planning phase, less review will be needed at the project stage. Q: Does a nonproject EIS need to follow a specific format? A: The only requirements are that the document begin with a fact sheet and contain an environmental summary. An agency may choose whatever format they feel would best present the alternatives and environmental analysis. Separate sections on affected environment, significant impacts, and mitigation measures are not required in integrated documents as long as this information is summarized and supported in the record.

The rules for integrated documents stress that the format should be dictated by attention to the quality, scope, and level of detail of the information and analysis. Q: What is an "alternative" when preparing an EIS for a comprehensive plan? How is the no action alternative defined? A: A range of alternatives should be evaluated that explore the different land use options including different urban growth area boundaries, characteristics and densities of development, etc.

The no-action alternative for a comprehensive plan is generally defined as no change in existing regulation — such zoning, development regulations, critical area ordinances, etc.

The environmental impacts of predicted growth under this "no-action" scenario is then compared to other alternatives. Q: When integrated with a comprehensive plan, what is the timing of a final EIS? Q: Is additional environmental review required when the final action is different from the alternatives analyzed in an EIS? A: If the final approved proposal falls within the range of alternatives analyzed in the EIS and all likely significant adverse impacts have been evaluated, additional review would not be required.

For example, if one of the EIS alternatives evaluates the impacts of four urban centers and another alternative evaluates the impacts of six urban centers, and the lead agency selects five urban centers as the preferred alternative, it is possible the impacts would have been covered by the range of EIS alternatives. A: The lead agency has the option of allowing an administrative appeal and may allow an appeal of either procedural issues, substantive decisions, or both.

If the administrative appeal process has been exhausted or is unavailable, a judicial appeal can be filed in a timely manner. Q: What is an "underlying governmental action"? A: The underlying governmental action is the action that must be taken by an agency to authorize a proposal. Actions include issuing a permit or license, approving funding, or adopting a plan, ordinance, rule, or other actions.

Q: Can an applicant appeal an agency's decision to require mitigation measures? A: Yes, if the agency does not offer an administrative appeal on the substantive use of SEPA, the applicant may file a judicial appeal of the mitigation with a challenge to the underlying action. Q: What is the appeal process when a state agency is SEPA lead agency and the county or city has a permit to issue? A: Procedural issues, including the process and content of the environmental review, could be appealed to the state agency if it offers a procedural administrative appeal.

Appeals of a local agency's use or non-use of SEPA substantive authority to condition or deny a proposal may be filed with the local agency if they offer an appeal of substantive issues. When administrative appeals are exhausted or unavailable, judicial appeals may be filed. Q: What is the "action" referred to in part 2 of the notice of action?

A: It is the underlying government action for the proposal, such as adopting a comprehensive plan, ordinance, or rezone; or issuing a permit or approval. An action is not issuing a SEPA document. Q: What is a "notice of action taken"? A: A notice of action is the document used to limit the time a SEPA appeal can be filed when the underlying government action has no set appeal limitations. Categorical Exemptions Q: What types of proposals are categorically exempt?

Lead Agency Q: What is the difference between lead agency and an agency with jurisdiction? Threshold Determination Process Q: What is the "threshold determination" process? Whenever a tiered review approach is used, SEPA documents must clearly state the proposal is being phased.

Future environmental documents should identify previous documents and focus on issues not adequately addressed in previous documents. Identifying permits When defining a proposal, it is critical to determine what permits or approvals will be needed from local, state, and federal agencies.

In deciding which permits or approvals are needed, it may be necessary to consult with other agencies to determine if they have permits or approvals to issue for a specific project. This will help ensure that all agency actions are identified before determining whether a proposal is categorically exempt. Were you able to find what you were looking for today?

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Your name:. Please include contact information if you'd like a reply. PSPs should ensure they are ready to provide all relevant information when making payments between Ireland and the UK, after the transition period ends 31 December Retail payments could perhaps best be described as the normal, 'everyday' payments that we are all familiar with.

They are generally of relatively low value, are usually not time-critical and can be made by either companies or private citizens. For example, payments made by consumers to retailers or to utility or media provider would be classified as retail payments. One of the main objectives of the SEPA Regulation is to be able to make payments in euro with a single payment account and a set of harmonised payment instruments, anywhere in the European Union.

The Competition and Consumer Protection Commission CCPC is the competent authority in the State where the payee is a consumer and the payer is a trader, and where the payer is a consumer and the payee is a trader.

If you wish to report a suspected SEPA non-compliance please contact the relevant competent authority: you can contact the Bank at enquiries centralbank. This will mean that if you are due to receive a payment into your account or if you are due to make an automated payment on that date the payment may not be made until the next normal working day after 1 May. The retail payment methods most used in the euro area are credit transfers, direct debits, payment cards credit or debit , cheques and cash — the latter two payment methods are outside the scope of SEPA as it only covers electronic payment methods.

A credit transfer is a payment initiated by the payer. Direct debits are typically used for recurring payments such as utility bills. A direct debit payment is initiated by the payee via its PSP. A direct debit requires the consent of the payer, given to the payee in the form of a mandate. Payment cards exist in two basic types — debit cards and credit cards.



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