Regulatory relief for NY housing shortage in “Let Them Build” SEQRA amendments - by Jesse Hiney

Governor Kathy Hochul’s proposed revisions to New York’s State Environmental Quality Review Act (SEQRA) represent a targeted effort to expedite housing production and respond to the State’s housing shortage. The foundation of the “Let Them Build” initiative is the reclassification of certain residential developments under SEQRA that utilize previously developed property and rely on existing infrastructure and established land-use controls.

Under the proposed SEQRA amendments, the Dept. of Environmental Conservation (DEC) would expand the list of Type II actions - those pre-determined not to have significant adverse environmental impacts - to include housing projects that meet certain population and development-density thresholds. In addition, to qualify as Type II, these projects must comply with local zoning, connect to existing public water and sewer systems, and avoid environmentally sensitive areas. By categorizing such actions as Type II, the proposed revisions eliminate the need for discretionary environmental review, thereby reducing costs, uncertainty, and approval timelines for qualifying housing projects. In addition, the amendments would recategorize certain infrastructure necessary to support housing, including clean water infrastructure, childcare facilities, and green utility infrastructure, among others, as Type II actions.

The governor’s proposal seeks to improve predictability and timeliness in SEQRA review for all projects, establishing a two-year deadline to complete a SEQRA Environmental Impact Statement (from positive declaration to final agency decision). Collectively, these changes are designed to prioritize efficiency while ensuring that SEQRA resources are focused on safeguarding the environment.

The “Let Them Build” amendments are a hope-inducing reform, long sought by the development community. However, project-focused diligence will be critical to ensure that the more burdensome SEQRA review obligations are not triggered, as environmental justice and other environmental impacts remain subject to scrutiny under SEQRA’s evolving standards. 

Jesse Hiney is a partner and chair of the environmental practice group and is a member of the land use and zoning, real estate, and IDA practice groups at Forchelli Deegan Terrana LLP, Uniondale, N.Y.