Proposed Changes to SEQRA Threaten Environment
New York State Governor Kathy Hochul has proposed substantial amendments to the State Environmental Quality Review Act (SEQRA) regulations in relation to housing development.
SEQRA is a New York State law that requires the consideration of the environmental, social, and economic impacts of proposed development projects, new laws and regulations, and land-use policies or plans. The process requires a coordinated, transparent, and comprehensive review of proposals. It is one of the most important tools for ensuring full examination and analysis of critical environmental issues with the opportunity for robust public input.
But today, the SEQRA process is at risk.
Governor Hochul recently unveiled the “Let Them Build” agenda, which includes eliminating the need for SEQRA review for certain residential development projects. While the stated goal is to address New York State’s housing crisis—a critical issue across the region—the proposed legislative amendments raise several substantial concerns:
No Mention of Affordable Housing — Affordable housing is a growing crisis across the region, yet the proposed amendments make no mention of addressing this issue. Omitting requirements related to affordability increase the risk of enabling large-scale and luxury residential projects to proceed without proper scrutiny.
Severe Restriction of Local Land Use Authority — The authority of local governments’ planning, zoning, and conservation boards to determine which development proposals require environmental reviews has long been recognized by SEQRA. The proposed changes would strip these governments of this authority for development projects of up to 100 units, which is particularly concerning on the East End.
Disregard of Community Planning Needs — SEQRA has been instrumental in giving the public a voice in the development process. While many towns have developed and updated great comprehensive plans, some have not yet been implemented via zoning laws. SEQRA has been critical in ensuring that these plans are part of the conversation for new development projects, and may even lead to updated zoning laws. But with the proposed changes to SEQRA, this essential land use tool would no longer be required.
Change to the Regulatory Review Process — The proposed amendments are buried in a massive budget bill, rather than the traditional transparent regulatory review process that has made SEQRA work for the past 50 years. The existing process offers a more transparent, detailed, and participatory public review process.
Lack of Clarity for Development Sites — As written, the amendments create significant uncertainties about what land is eligible to forgo the SEQRA process, leaving the door open for developers to take advantage of undeveloped land.
Development projects can often impact ground and surface water quality, wildlife and critical habitats, traffic, and community character. Without the benefit of a full SEQRA review, these impacts not only have the potential to jeopardize the environment but reduce the public’s ability to fully understand the impacts and participate in a comprehensive review process.
The Group is actively advocating that Governor Hochul ensures that the proposed SEQRA exemptions do not jeopardize the overall review of environmental impacts associated with housing projects throughout our region.
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