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On May 26, 2026, the state of New York adopted an amendment to the Environmental Conservation Law establishing a new exemption from the State Environmental Quality Review Act (SEQRA) for housing and certain public works projects.
In New York City, actions facilitating the construction of housing are now exempt from SEQRA and the analogue City Environmental Quality Review (CEQR) procedure if they meet the following conditions:
- The project must connect to existing community or public water and sewer systems at the commencement of habitation.
- The project must be located on a previously disturbed site, which in New York City means a site determined by a responsible agency to have been substantially altered by an occupied, formerly occupied or demolished building or other improvement or use at least two years prior to an action and that is not located in a “flood hazard area” as defined in the Building Code.
- The project cannot be in an area “zoned exclusively for industrial uses”;
- Non-residential and non-industrial uses are limited to 50,000 square feet;
- The project cannot be for construction of a single-family home on a parcel of one-half acre or more; and,
- The project cannot exceed 250 units, except that a project may contain up to 500 units if it is in a zoning district where:
- The standard maximum residential building height is greater than 45 feet;
- The maximum height of a building is regulated by something other than a horizontal plane and that allows residential buildings to exceed 45 feet; or
- There is no maximum building height.
Second, for those projects that are not exempt from SEQRA, a lead agency will be required to issue a determination of significance within one year of its designation as lead agency and, for actions seeking a permit or authorization, to publish an environmental impact statement (EIS) within two years of a determination of significance. The lead agency may grant extensions only as necessary to complete the EIS based on (1) post-scoping design changes that result in new significant adverse impacts, (2) additional actions that could not have been reasonably anticipated during scoping, (3) an applicant’s failure to provide required information despite good faith efforts by an agency, or (4) circumstances beyond the control of the agency or applicant. In addition, for applications for a permit or authorization, the responsible agency must determine whether an exemption applies within 120 days of receipt of the application.
The amendment also exempts from SEQRA various public works projects, e.g., parks and public schools.
Exempt actions would remain subject to all applicable laws, rules and regulations regarding hazardous waste.
We are continuing to monitor this important development, but please reach out to us with any questions as to how it may affect any projects you are considering.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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