On April 24, 2026, the New York State Department of Environmental Conservation (“NYSDEC”) adopted final amendments to the State Environmental Quality Review Act (“SEQRA”) regulations (6 NYCRR Part 617). The newly adopted amendments, which will take effect on June 12, 2026, are primarily designed to implement the Environmental Justice Siting Law and will fundamentally change how environmental justice considerations are evaluated during SEQRA review. In addition, the amendments to the SEQRA Regulations included reforms designed to remove SEQRA review barriers for qualifying small multifamily housing projects by expanding the Type II list of actions that are not subject to SEQRA review.
The changes regarding environmental justice consideration will add another layer of project review for development projects within New York State. At the heart of the revisions to the SEQRA regulations is a requirement that lead agencies evaluate whether a proposed action “may cause or increase a disproportionate pollution burden” on a “Disadvantaged Community” (“DAC”) which, according to the DEC, already bears the bear burdens of negative public health effects, environmental pollution, impacts of climate change, possesses certain socioeconomic criteria, or comprises high-concentrations of low- and moderate- income households. To inform this evaluation, the NYSDEC has issued revised Environmental Assessment Forms which include additional environmental justice questions, requiring applicants to identify whether a project is located within a DAC or within a ½ mile radius of a DAC, and to provide more information on potential pollution impacts to DACs (such as noise sources, air emissions, and waste generation, among others) at the outset of the review process. Applicants will also be asked to assess a project’s vulnerability to future physical climate risks, including 100- and 500- year flood events and sea level rise. Lead agencies will use this information to examine whether a project’s impacts could contribute to existing environmental burdens and may require additional environmental assessments to evaluate these environmental justice concerns.
The DEC has also introduced a new Disadvantaged Community Assessment Tool (“DACAT”), which lead agencies and applicants may use to locate and identify DAC census tracts, including DACs identified as having “comparatively higher burden and vulnerability,” and to determine whether additional environmental justice analysis may be warranted. While intended as a screening tool, DACAT may very well become a standard due diligence resource during site selection and project planning.
Additional focus on environmental justice by the DEC is evident by the recent establishment a Permanent Environmental Justice Advisory Group, which the DEC describes as “an environmental justice-focused group charged with developing a model Environmental Justice (EJ) policy and reviewing EJ rules, policies, and laws across State government.” This group’s first meeting was on June 4, 2026. With the formation of this group, we can expect more to come from the DEC on regulating environmental justice.
As these regulations take effect, environmental justice considerations should become a regular component of project due diligence alongside wetlands, traffic, historic resources, and other traditional SEQRA concerns. Developers should anticipate additional upfront analysis, particularly for projects involving industrial uses, energy infrastructure, waste facilities, large commercial developments, or other projects with potential air, traffic, noise, or cumulative environmental impacts. Early identification of DACs, proactive community engagement, and incorporation of mitigation measures may help reduce the risk of project delays or expanded environmental review processes.
In its recent amendments, the NYSDEC also added certain small multifamily developments with four (4) or more dwelling units to the list of Type II list of actions that are not subject to SEQRA. These developments must have a gross floor area not exceeding 10,000 square feet, and must be located on an approved lot, connected to existing public water and sewer systems, and be permitted under the applicable zoning ordinance and subject to site plan review. This amendment would remove a regulatory hurdle for the limited number of small-scale multifamily developments that meet these requirements. However, considering the small size and limited number of residential units that could be provided within these developments, the utility of this amendment towards addressing the State housing crisis and increasing the number and diversity of new housing units in the State remains to be seen.
Potentially more impactful reforms to spur much needed housing in New York State are provided in Governor Hochul’s recent amendments to the Environmental Conservation Law. These amendments provide timelines for certain SEQRA processes and exempt qualifying larger multifamily housing projects of up to 300 dwelling units in urbanized areas or 100 dwelling units in non-urbanized areas from SEQRA review. These changes appear to reach farther than the NYSDEC’s recent actions toward addressing the State’s housing issues. For more information regarding these statutory amendments, see Cuddy & Feder’s blog “Let Them Build Agenda: Will They Come?” What to Know about SEQRA Reform by Christopher Fisher and Maximillian Mahalek.
For more than 50 years, Cuddy & Feder has served as entitlement counsel and strategic advisors, guiding applicants through the various challenges, including SEQRA review, that can determine a project’s success. To understand how the amendments to SEQRA may affect your existing or upcoming projects and development strategies, please contact us to discuss potential implications and next steps.
