By Rebecca Martin
After months of debate, environmental advocates— including organizations such as Riverkeeper—alongside local leaders and concerned community members across New York State, played a critical role in improving Governor Hochul’s proposed State Environmental Quality Review Act (SEQRA) reforms during the budget process. Despite these improvements, Governor Hochul’s finalized SEQRA reforms went too far, creating loopholes that could weaken environmental review protections across New York State. In particular, the legislation eliminates SEQRA review for certain qualifying housing and mixed-use projects without sufficient safeguards, raising concerns about long-term impacts on local communities. For the City of Kingston, that means that Kingston’s “urbanized area” classification under the Federal Census now allows certain developments of up to 300 units to proceed without full environmental review.
Equally concerning is the disconnect between the new statutory framework and the updated SEQRA regulations recently finalized by the New York State Department of Environmental Conservation (DEC) that are scheduled to take effect on June 12. The DEC’s regulations focused on limited exemptions from SEQRA for relatively small projects, grounded in prior environmental review experience and developed through public notice and comment. The governor’s broader exemptions, adopted through the state budget process, go far beyond that approach. Unlike DEC’s SEQRA regulations, they were not accompanied by publicly released studies, supporting data, or clear evidence explaining why developments of up to 300 units should be exempt from environmental review in communities like Kingston.
Kingston deserves thoughtful, balanced planning that supports responsible housing growth while preserving environmental integrity, public participation, and community character. Local leaders, including Mayor Steve Noble and Ulster County Executive Jen Metzger, supported the Governor’s SEQRA reform package, even as it significantly expands exemptions from environmental review. Going forward, development decisions must still be guided by transparency, data, and local conditions—not broad, one-size-fits-all exemptions that reduce oversight for projects of unprecedented scale in smaller communities.
How Local Governments Can Address Irresponsible or Speculative Development
At the municipal level, there are still important tools available to respond. Local boards acting as lead agencies can take a conservative approach to this legislation and take their time when they are determining whether a project qualifies for an exemption. The City of Kingston’s Common Council, as our legislative body, can require stronger site plan review processes that incorporate environmental review principles. Through our local code, we can require applicants to provide key information and perform analyses that would otherwise have been required under SEQRA. These requirements can be tailored to local conditions and existing municipal codes so that environmental considerations remain part of decision-making.
In practice, that means councils, boards, and trustees can work with their municipal attorney to strengthen local review frameworks so that environmental considerations are not lost when SEQRA does not require a full review on projects that would have prior to the governor’s changes. This includes adopting or enhancing local provisions that incorporate environmental review elements into site plan review, even in cases where SEQRA would now not be required. While approaches will vary by municipality, this local authority remains a critical tool to preserve oversight, protect community character, so that development decisions are grounded in real on-the-ground conditions.
A very special thank you to Drew Gamils, Senior Attorney at Riverkeeper for preparing the “Summary of Final SEQRA Reforms In Executive Budget,” an important resource for anyone seeking a deeper understanding of how these changes could impact communities like the City of Kingston.
The Riverkeeper team were incredibly helpful to communities like ours, and courageous on this matter. They were also right, speaking truth to power. Consider making a donation to their important work.