As noted in our recent legal alert, Gov. Kathy Hochul announced the “Let Them Build” agenda in her 2026 State of the State, proposing reforms to accelerate housing and infrastructure development and reduce project costs. The initiative focuses on targeted State Environmental Quality Review Act (SEQRA) amendments and executive actions to streamline approvals for qualifying projects while maintaining environmental protections.
We now have more details on her plans and they include amendments to New York’s Environmental Conservation Law that would exclude certain projects from SEQRA review. While these do not preempt projects from environmental review by local governments, developers can expect to receive SEQRA exemptions for the following:
Existing Housing Throughout New York: Exempts efforts to retrofit existing housing with ‘green infrastructure.
New York State (excluding New York City) Housing Construction: Exempts construction of developments with no more than 100 units if those projects:
- will be connected to existing community or public water and sewage systems
- are in areas that have previously been developed (i.e., not greenfield development)
- do not consist of more than 50,000 square feet of non-residential uses (if the project is mixed-use)
New York City Housing Construction: Exempts construction of developments with no more than 250 units or no more than 500 units in medium- or high-density residential or mixed-use districts if those projects:
- are not in areas zoned exclusively for industrial uses
- are not mixed-use projects with more than 50,00 square feet of non-residential uses
Non-greenfield Projects: Exempts the following:
- public parks that do not include performance centers, athletic stadiums, or other mass gathering venues
- multi-use bicycle and pedestrian trails
- child care facilities connected to existing community or public water and sewage systems
Water/Wastewater Infrastructure Projects: Exempts projects that:
- replace, rehabilitate or reconstruct municipal water or wastewater infrastructure, in-kind and on the same site, including replacing lead service lines
- replace, rehabilitate, upgrade or reconstruct existing small community water systems
- provide sewer service to disadvantaged communities served by inadequate sewage treatment systems that the Department of Environmental Conservation (DEC) determines does not need a specific permit or approval
As we previously reported, the governor is also setting a two-year deadline for completing an environmental impact statement and will direct the DEC to prepare Generic Environmental Impact Statements for certain categories of renewable energy and housing projects to speed up environmental review while supporting informed site selection and upfront planning.
States agencies are also required to conduct evaluations of their permitting and environmental review processes and identify opportunities to reduce delays and regulatory barriers.
All of these moves are promising for developers and are expected to lead to increases in affordable housing development, which is badly needed in the state. If you need assistance with development work, our Affordable Housing Industry Team can help. Please reach out to attorney Michael A. Discenza at (212) 912-3605 and mdiscenza@harrisbeachmurtha.com, or the Harris Beach attorney with whom you most frequently work.
This alert is not a substitute for advice of counsel on specific legal issues.
Harris Beach Murtha’s lawyers and consultants practice from offices throughout Connecticut in Bantam, Hartford, New Haven and Stamford; New York state in Albany, Binghamton, Buffalo, Ithaca, New York City, Niagara Falls, Rochester, Saratoga Springs, Syracuse, Long Island and White Plains, as well as in Boston, Massachusetts, and Newark, New Jersey.
