May 17, 1999
Hon. Donald G. Olson
Clerk of the Legislature
Greene County Legislature
P.O. Box 467
Catskill, NY 12414
The staff of the Committee on Open Government is authorized to issue advisory opinions. The
ensuing staff advisory opinion is based solely upon the information presented in your correspondence.
Dear Mr. Olson:
I have received your letter of April 23 in which you sought an opinion regarding a request for
a copy of an environmental assessment form (EAF), a negative declaration determination and related
materials. The records sought pertain to a SEQR determination.
In this regard, the regulations promulgated by the Department of Environmental Conservation
require disclosure of the kinds of records at issue. Specifically, 6 NYCRR §617.12(b)(3) states that:
"All SEQR documents and notices, including but not limited to,
EAF's, negative declarations, positive declarations, scopes, notices of
completion of an EIS, EISs, notices of hearing and findings must be
maintained in files that are readily accessible to the public and made
available on request."
I hope that I have been of assistance.
Robert J. Freeman