As part of the 2026 State of the State, New York’s Governor has acknowledged what many have experienced for years: “SEQRA is weaponized to delay or even block housing development”.1 Therefore, the Governor is proposing meaningful SEQRA reforms as part of the new Let them Build agenda to address New York’s critical need for new housing. The agenda seeks to offer a set of common-sense reforms to get the State out of the way, allowing housing and other critical projects to be built faster and more affordably.
Recent analysis found that manufacturing, energy and housing projects can take as much as 56 percent longer to be approved in New York compared to peer states.2 This over-regulation has led to record high housing costs, well in excess of the national average. The State will seek to address this crisis by building more housing, faster and cheaper than before. Proposals to achieve this objective include the following SEQRA reforms, which should be presented to the Legislature:
- Add a new Type II category to exempt certain housing projects that comply with local zoning, are located outside a flood risk area, and proposed for previously disturbed land that is connected to existing water and sewer systems. The Governor indicates there may also be an additional unit cap.
- Add a new Type II category to exempt clean water infrastructure projects, green infrastructure projects, public parks and pedestrian paths on previously disturbed land, and new or renovated child care centers on previously disturbed land.
- Impose a two-year deadline for completing an Environmental Impact Statement (EIS). This could have the effect of narrowing the issues subject to an EIS, speeding up deployment of housing and other critical infrastructure projects.
- Enact legislation specifying when a cause of action to challenge a SEQRA review accrues. There are conflicting cases which create confusion as to when challenges to SEQRA are ripe. This will help clarify the rules (and associated risks) for all stakeholders in the land development process.
- Direct the New York State Department of Environmental Conservation (DEC) to develop Generic Environmental Impact Statements (GEIS) for selected types of renewable energy and housing projects. Where a project fits within the parameters of the GEIS, it allows developers to quickly progress through the environmental review process.
- Provide enhanced support and education to local governments to help them better understand the SEQRA process. Many planning board members are volunteers, and additional support should ensure a more efficient environmental review.
Many of these proposals will also benefit all forms of development, not just housing. Indeed, Section 617.1(d) of the SEQRA regulations states:
It was the intention of the Legislature that the protection and enhancement of the environment, human and community resources should be given appropriate weight with social and economic considerations in determining public policy, and that those factors be considered together in reaching decisions on proposed activities. Accordingly, it is the intention of this Part that a suitable balance of social, economic and environmental factors be incorporated into the planning and decision-making processes of State, regional and local agencies. It is not the intention of SEQR that environmental factors be the sole consideration in decision-making. (emphasis supplied)
These reforms appear to be a step in the right direction of implementing SEQRA’s original intent of incorporating, but not unduly elevating, environmental factors into the existing planning, review and decision-making processes of the state.
If you have questions about how the proposed SEQRA reforms may affect upcoming projects, environmental review timelines, or development strategy, please contact us to discuss potential implications and next steps.
