On May 26, 2026 the New York State Legislature adopted amendments to the State Environmental Quality Review Act (“SEQRA”) in Part R of the Fiscal Year 2027 Transportation, Economic Development and Environmental Conservation budget bill (“TED Part R”) [2025-S9008-C[i]; 2025 A10008-C[ii]]. Changes include new definitions, “qualified actions” that will be exempt from SEQRA review and deadlines for specific agency determinations and documents.
The SEQRA changes take immediate effect and apply to pending proceedings, except for determinations made prior to the effective date on whether to require an environmental impact statement (“EIS”).
New SEQRA Definitions in ECL § 8-105[iii]
The SEQRA amendments define “previously disturbed site” as having been substantially altered by a current or previous improvement in the two years before submission of a permit or authorization application. Municipalities with fewer than 1 million residents may include offsite disturbance on abutting, adjoining or opposite non-industrial and non-agricultural parcels. Sites located in FEMA designated 100-year floodplains, flood hazard areas, or coastal erosion hazard areas and sites being used for agriculture are not defined as “previously disturbed.”
TED Part R’s SEQRA amendments also define “small community water system[iv]” and “public school facilities[v].”
New SEQRA Exemptions for Qualified Actions in in ECL § 8-111[vi]
TED Part R allows a responsible agency to shorten the review timeline for certain project types if it determines, after considering the action as a whole, that each component of the action meets criteria for exemption and the action falls into one of the following categories:
- Construction of housing in cities, towns or villages with one million or more residents[vii], but only if such a project i) will be connected to existing water & sewer systems at commencement of habitation, ii) will be located at a previously disturbed site, iii) will include no more than 50,000 ft2 of non-residential and/or non-industrial use, iv) will contain a maximum of 250-500 dwelling units, v) will not be located in an area zoned only for industrial use and vi) will not include construction of individual single-family residences on parcels of one-half acre or larger.
- Construction of housing in cities, towns or villages with populations below one million residents, but only if such a project i) will be connected to existing water and sewer systems at commencement of habitation, ii) will be located at a previously disturbed site, iii) will include no more than twenty percent, by gross floor area, of commercial, retail, community, or other non-industrial/non-retail use, iv) will contain a maximum of 20-300 dwelling units and v) will not include construction of individual single-family residences on parcels of one acre or larger.
- Construction at a previously disturbed site for i) public parks without performance centers, athletic stadiums, or other venues for mass gatherings or ii) multi-use bicycle and pedestrian trails.
- Construction of public school facilities in cities with populations of one million or more, provided they will be connected to existing water and sewer systems at the commencement of use.
- Water and wastewater infrastructure projects involving i) municipal water or wastewater infrastructure replacement, rehabilitation or reconstruction in kind and on the same site, ii) existing small community water system replacement, rehabilitation, upgrade or reconstruction or iii) provision of sewer service to a disadvantaged community where NYSDEC has determined no permit or approval is necessary.
- Retrofit of an existing structure and appurtenant areas to incorporate green infrastructure.
The responsible agency will have 120 days, with possible extension, from receipt of a permit or authorization application to determine whether the action is qualified and exempt.
Qualified actions involving construction of housing or public school facilities, as described in 1, 2, and 4 above, will also be required to i) comply with all applicable requirements for hazardous material
remediation, ii) follow recommendations of a Phase I Environmental Site Assessment performed in compliance with federal standards for all appropriate inquiry and iii) report contamination at, on, or under the site.
TED Part R’s changes do not supersede, limit, modify or affect any authorizations, requirements or procedures of laws or regulations on, among other things, historic preservation, disadvantaged communities, air & water quality, wetlands, endangered species or zoning.
New SEQRA EIS Timelines in ECL § 109[viii]
The SEQRA amendments require a responsible agency to make an initial determination on whether an EIS will be needed as early as possible in an action but not later than one year from the lead agency’s establishment. Additionally, an agency must now prepare an EIS and make it available within two years of determining that a draft EIS will be required for a permit or authorization application. However, the agency may, at its own discretion, extend the deadline in writing upon consultation with the applicant.
New SEQRA Statute of Limitations in ECL § 111[ix]
TED Part R’s SEQRA amendments include clarification on the time to commence a proceeding to review an agency’s SEQRA determination. The statute of limitations will begin to run “when the agency determination to approve or disapprove the action becomes final and binding” on a petitioner or the petitioner’s representative in law or fact.
Summary
While the adopted SEQRA amendments have implemented significant changes to the environmental review process, municipalities can still rely on their local zoning laws, including site plan and special permit standards, to address any specific environmental impacts a project may have on the neighborhood in which it is to be located.
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[i] https://www.nysenate.gov/legislation/bills/2025/S9008/amendment/C
[ii] https://www.nysenate.gov/legislation/bills/2025/A10008/amendment/C
[iii] N.Y. Env’t Conserv. Law § 8-0105 amended by adding subsections 11, 12 and 13.
[iv] A public water system serving at least 5-25 connections used year-round and no more than 3,300 total persons.
[v] Educational facilities of a large city (pop. of 1 million or more) school district over which city’s department of education has jurisdiction.
[vi] N.Y. Env’t Conserv. Law § 8-0111 amended by adding subsections 5-a and 8.
[vii] At present, the City of New York is the only municipality in the State with a population greater than 1,000,000.
[viii] N.Y. Env’t Conserv. Law § 8-0109 amending subsections 4 and 5.
[ix] N.Y. Env’t Conserv. Law § 8-0111 amended by adding subsection 7.
