State Environmental Quality Review Act (SEQR) Regulatory Revisions

Adopted Amendments to 6 NYCRR Part 617

On April 24, 2026, the New York State Department of Environmental Conservation (DEC) adopted amendments to the regulations (6 NYCRR Part 617) that implement the State Environmental Review Act (SEQR; ECL Article 8).  Additionally, in accordance with requirements of the State Administrative Procedure Act (SAPA), the DEC filed a Notice of Adoption with the Secretary of State to be published in the New York State Register on May 13, 2026. The amended regulations become effective June 12, 2026.The legislation requires agencies reviewing actions under SEQR to evaluate whether an action may cause or increase a disproportionate pollution burden on a disadvantaged community as part of the SEQR process, both in the determination of significance, and where relevant, in preparation of an environmental impact statement.

The following are the major amendments to the regulations:

• DEC’s primary objective was to enhanced consideration of environmental justice in SEQR as required by the Environmental Justice Siting Law (Laws of 2022, Chapter 840, as amended by the Laws of 2023, Chapter 49). The legislation requires agencies reviewing actions under SEQR to evaluate whether an action may cause or increase a disproportionate pollution burden on a disadvantaged community as part of the SEQR process, both in the determination of significance, and where relevant, in preparation of an environmental impact statement.
• Amendments have been made to further address climate impacts within the model short and full environmental assessment forms (EAFs) used by agencies to assist in significance determinations, including questions to further implement the Community Risk and Resiliency Act and more accurately reflect potential air impacts.
• Revisions to the Type II list of actions set out in 6 NYCRR 617.5 (commonly referred to as the “Type II list of actions that do not require further review under SEQR) to include certain multi-family housing projects with not more than 10,000 square feet of gross floor area.
• Housekeeping changes to the regulations and EAFs. Housekeeping changes include, for example, codification of the SEQR exclusion for the Office of Renewable Energy Services and the correction of grammatical errors.

The rulemaking documents are available through the links provided below.

Environmental and Regulatory Impact Review

DEC has determined, pursuant to the State Environmental Quality Review Act (ECL Article 18 with implementing regulations at 6 NYCRR 617), that the adopted amendments will not have a significant adverse environmental impact. In accordance with the State Administrative Procedures Act, DEC has also prepared a Regulatory Impact Statement, a Regulatory Flexibility Analysis for small businesses and local governments, a Rural Area Flexibility Analysis, a Statement in lieu of Job Impact Statement, an assessment of public comment, and other supporting documents that are available below.

Rulemaking Documents

• Important Documents Effective June 12, 2026

  • Part 617 Express Terms (PDF)

    Note - in the express terms document, text that has been added to the regulations is underlined and deleted is [bracketed].

• Part 617 Model Environmental Assessment Forms in Department of State Repeal and Replace Format.  Note - Appendices A and B (Short and Full Environmental Assessment Forms) have been repealed and replaced and therefore do not include underlined or bracketed text format, or otherwise show tracked changes.
  • Short Environmental Assessment Form (Parts 1, 2, and 3 (PDF) 
  • Full Environmental Assessment Form (Parts 1, 2, and 3) (PDF)

Supporting documents

• Certificate of Adoption (PDF)
• Assessment of Public comments (PDF) (response to comments on proposed amendments)
  • Summary of Public Comments (PDF)
• SEQR EAF Workbook Guidance Updated Section (PDF) - Climate change, Air, other
• Rural Area Flexibility Analysis (RAFA) (PDF)
• Regulatory Flexibility Analysis (RFA) (PDF)
• Statement in lieu of Job Impact Statement (PDF)
• Summary of Express Terms (PDF)
• Regulatory Impact Statement (RIS) (PDF)
• RIS appendix A – DAC Assessment Tool (PDF)
  The Disadvantaged Community Assessment Tool (DACAT) has been developed to help lead agencies in evaluating impacts to disadvantaged communities. The DACAT is intended to be an initial screening tool to identify DAC census tracts that may warrant further consideration, analysis, and community input based on existing cumulative scores of Environmental Burden and Population Vulnerability.  Appendix A of the RIS contains an explanation of how the DACAT was developed.
• RIS appendix B – DAC Assessment Tool Maps (PDF)
• RIS appendix C – SEQR EAF Workbook Guidance (PDF) Updated Section - DACs
• Summary of RIS (PDF)
• Rulemaking SEQR EAF/Negative Declaration and Coastal Assessment Form (PDF)
• SEQR Environmental Justice Siting Law Frequently Asked Questions (FAQs) (PDF)

These documents may also be reviewed at DEC’s headquarters at 625 Broadway, Albany, NY 12233 by appointment during normal business hours. Please call James Eldred for an appointment at (518) 402-9167.

DEC has made general information on SEQR available through its website and the SEQR Handbook (PDF).