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In NY, New SEQRA Regulations Finally Appear on the Horizon
In September 2012, the New York State Department of Environmental Conservation (NYSDEC) proposed the most significant changes to the regulations governing the State Environmental Quality Review Act (SEQRA) since the mid-1990s. It accepted comments, and the comment period closed. In the years that followed, however, the NYSDEC did not finalize the changes it proposed to the existing SEQRA regulations, available at 6 NYCRR Part 617. That now appears to be changing.
The NYSDEC recently issued a draft generic environmental impact statement (EIS), explaining its rationale and its objectives for the changes it proposed in 2012. The EIS discusses the comments the NYSDEC received in response to the 2012 proposal, and its proposed final regulations.
The NYSDEC believes that the regulations it is proposing to finalize now would “streamline” the SEQRA process without sacrificing “meaningful environmental review.” It also suggests that, in many instances, costs for developers, property owners and local governments actually could decrease under the new rules. Whether these goals will be met in practice of course remains to be seen. Clearly, though, the NYSDEC's proposed final regulations, which now appear on the verge of being adopted, will affect SEQRA practice for many projects across the state.
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