Highlands Current Audio Stories
Changes give municipalities more control The state's 2019 climate law wasn't the only environmental legislation to get an overhaul in budget negotiations. It also amended the State Environmental Quality Review Act to exempt much of the new housing construction from the standard environmental review process. Gov. Kathy Hochul argued that SEQRA, enacted 50 years ago, is redundant because development projects undergo local review. The revision had support from some environmental groups, who hoped it would reduce sprawl while making it easier to build affordable housing. "SEQRA has improved a lot of planning in New York, but it still creates these real costs in the development process," said Johnathan Clark of Scenic Hudson. But Scenic Hudson and other environmental groups felt the law had too many loopholes; the final version addressed many, but not all, of their concerns. One requirement Hochul proposed is that projects exempted from the SEQRA process must be on a "disturbed" site rather than on untouched areas. Critics asked if a 50-acre property had a single house, could a buyer argue that the entire 50 acres was "disturbed"? Clark noted that the enacted law lets local planners interpret the rules. "We see that as an improvement," he said. Hochul's previous housing plan, a 2023 proposal to build 800,000 units over 10 years, fell apart after municipalities said that it would compromise their autonomy. "This is more respectful of home rule," said Pete Lopez, a former state legislator and regional EPA director who works for Scenic Hudson. "This is less prescriptive than what created that uproar in the past." The law also clarifies that former industrial sites, or anything adjacent to them, cannot escape SEQRA review. "A lot of contamination can move off of an immediate property line," said Tracy Brown, the president of Riverkeeper. Hochul's original proposal included two sizing requirements for a project to be exempt: one for New York City and one for the rest of the state. Environmental groups argued that there should be more categories; otherwise, a 300-unit development exempted in Yonkers or Buffalo could also be built in Cold Spring. The final law sets three caps: 250 to 500 for New York City, 300 for urbanized areas outside of New York City and 100 for non-urbanized areas. "That's still a lot for Garrison or Cold Spring, but at least it's better than 300," said Brown. The law also clarifies that any project in a municipality without zoning laws — a distinction that applies to about 20 percent of the state — must undergo a SEQRA review for projects over 20 units. "These SEQRA changes might make certain kinds of development easier, but it's still the actual local laws that are saying what can be built and where," Clark said.
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