Beauty is in the Eye of the Local Reviewing Agency
To comply with the State Environmental Quality Review Act (SEQR), local reviewing agencies are responsible for examining the visual impacts that a proposed development will have on its surroundings. But, if beauty and aesthetics are so subjective, how does a local reviewing agency objectively analyze visual impacts, particularly if their members have little or no formal training in the area? And how can developers anticipate and respond to their comments? To make this job easier, the NYS Department of Environmental Conservation (NYSDEC) has a recommended procedure for identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small, moderate, or large. The procedure also helps identify whether an impact can be mitigated or reduced. The criteria for conducting visual assessment reviews : Regulations are clear as to the type of resources that may warrant a visual impact assessment. Only resources that fall into one of two categories need to be analyzed during the visual impact review process. One is aesthetic resources of designated statewide significance (see list of potential resources). The other is resources designated by local agencies (via a comprehensive plan, by legislation, or through community outreach designation) as having aesthetic value. In other words, if the resource is not recognized as important or having value to the general public, and inventoried and recorded as such, it is probably not a resource that warrants a visual impact assessment. The procedure for assessing visual impacts: Using the NYSDECs Full Environmental Assessment Form (EAF), Visual Addendum EAF, and Assessing and Mitigating Visual Impacts publication, take the following steps: 1. Fill out the appropriate part of the EAF (available at www.dec.state.ny.us/website/dcs/seqr/forms/longeaf.pdf). List unique or unusual land forms, open space or recreation areas used by the public, scenic views, historic resources, natural landmarks, lakes, ponds, and wetlands on or contiguous to the site. 2. Make sure your research is complete. If you missed a resource, the reviewing agency may deem your application incomplete. Double check for properties on, or eligible for inclusion in, the National or State Register of Historic Places; state parks; wildlife refuges; wild, scenic or recreational rivers; trails; scenic overlooks; and other scenic areas of state or local significance. 3. Assess the visual impact. If the proposed project lies within view of the above resources, assess the visual impact by preparing building elevations, digitally altered 2D or 3D models, and/or line-of-sight profiles that show future conditions. For help, use the NYSDEC Visual Environmental Assessment Form (available at www.dec.state.ny.us/website/dcs/seqr/forms/visualeaf.pdf). 4. Determine the magnitude of the impact. Is there a diminishment of public enjoyment? Does the project impair the character or quality of the resource? Is the proposed development in sharp contrast to existing land use patterns? 5. Identify mitigation measures to reduce the impact of the project. Commonly used measures include landscaping, screening, selective clearing and thinning, curvilinear features that blend into the landscape, reducing heights and sizes of buildings and appurtenances, facade treatment, changing colors and textures, burying utilities, camouflaging, and reducing the density of development. Remember, to be effective, proposed mitigation must address the specific visual impact(s) from the perspective of the affected viewers, not from yours. Also, the reaction to proposed changes can be subjective, so the need for and extent of mitigation may vary by local reviewing or lead agency. Anything you do to mitigate impacts or improve the aesthetics of a project will help gain support from regulatory agencies and the public. To improve your chances of success, use a professional with experience in conducting visual assessments and preparing mitigation plans. This investment may be the difference in getting your project approved and your shovel in the ground as soon as possible. If you are involved with a visual impact assessment and would like to access the NYSDECs Assessing and Mitigating Visual Impacts publication, go to www.dec.state.ny.us/website/dcs/policy/visual2000.pdf. If you need a visual assessment, contact our Environmental Design Manager, Carl Eller, P.E., at (585) 334-1310, ext. 223 or celler@fisherassoc.com. Local Viewer Sensitivity People often attribute value to the environment even though the quality of the landscape may not be high. This concern can come into play when individual citizens or groups want to protect the view to which they have become accustomed or believe they are entitled. Local reviewing agencies may recommend or require, or developers voluntarily install, screening or other visual improvements to please neighbors. But, a project should not be stalled or approvals denied because of perceived impacts to viewsheds that are not identified as being of public significance. Doing so may overstep the agencys legal authority and subject the decision to an Article 78 proceeding. Potential Resources Aesthetic resources of statewide significance may be derived from one or more of the following categories:
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