The Intersection of SEQRA Reform and New York’s Updated Building and Energy Codes: Impacts on Project Planning

As discussed in prior updates, Governor Hochul’s administration has proposed targeted adjustments to the State Environmental Quality Review Act (SEQRA) to reduce procedural delay for certain housing projects that do not present significant environmental impacts. These proposals are part of the Governor’s 2026 agenda and include targeted SEQRA exemptions, geographic eligibility limits, floodplain exclusions, and preserved environmental permitting requirements.

The proposed SEQRA reforms operate independently from New York’s statewide building and energy code regime. Recent statewide code updates continue to apply to most construction and substantial renovation projects regardless of whether SEQRA review is required.

Compliance with the Uniform Fire Prevention and Building Code and the Energy Conservation Construction Code of New York State remains mandatory for all covered projects.

Recent Statewide Code Updates

In 2025, New York adopted updated editions of its statewide construction and energy codes. These codes incorporate International Code Council model provisions together with New York amendments. The 2025 statewide codes include the following:

• Energy Conservation Construction Code of New York State (2025 ECCCNYS) – This code updates statewide energy efficiency requirements for residential and commercial buildings. It is based on the 2024 International Energy Conservation Code with New York specific amendments. Compliance for commercial buildings may also be demonstrated through the New York version of ASHRAE 90.1 2025.
• Building Code of New York State (2025 NYS amended edition) – This code applies to commercial buildings, multifamily housing that falls outside the IRC scope, mixed use facilities, and institutional uses. It governs structural integrity, fire and life safety, egress, accessibility, and building systems.
• Residential Code of New York State (2025 NYS amended edition) – This code applies to one and two family dwellings and townhouses covered by the IRC scope. It governs construction methods, fire safety, and habitability.

Beginning with permit applications filed on or after the applicable effective dates, projects must comply with these updated codes regardless of whether SEQRA applies. The 2025 ECCCNYS became effective on December 31, 2025. The Department of State adopts Uniform Code updates through rulemaking, and for this cycle they took effect on December 31, 2025, the same date as the 2025 ECCCNYS.

Energy Performance and Building Systems

The 2025 ECCCNYS reflects increased energy performance expectations compared to earlier editions. Requirements affecting building envelope performance, HVAC system selection, lighting controls, and overall energy modeling have been strengthened. New York is moving toward more efficient and increasingly all electric building systems, consistent with energy policy developments and statewide energy goals.

As a result, energy code compliance influences early design decisions including façade design, mechanical system configuration, sizing of building systems, and electrical infrastructure. These technical choices can also intersect with local land use approvals, infrastructure constraints, and any applicable environmental permitting requirements.

Local Amendments and Jurisdictional Overlay

New York’s statewide building and energy codes establish minimum requirements but allow local governments to adopt more restrictive provisions. New York City maintains its own local building and energy codes that may exceed statewide requirements. Project teams must evaluate both statewide and local code obligations during entitlement and design, including for projects that may benefit from future SEQRA exemptions.

Practical Integration with SEQRA Reform

SEQRA reform does not reduce the need for early coordination among environmental counsel, design professionals, and code specialists:

• SEQRA streamlining does not alter code compliance. Building permits will continue to require full compliance with the 2025 statewide codes, including the 2025 ECCCNYS effective December 31, 2025.
• Timing remains critical. Because code compliance is evaluated upon permit submission, projects advancing under streamlined SEQRA procedures must align their schedules with effective dates and updated technical requirements.
• Design and permitting remain interdependent. Energy modeling, mechanical system selection, and envelope performance must be considered early since these elements affect the feasibility and timing of approvals independently of SEQRA.

Takeaway

New York’s proposed SEQRA reforms may reduce procedural hurdles for qualifying housing projects. These reforms do not lessen the importance of compliance with the updated statewide building and energy codes. The 2025 code updates represent a parallel and often more immediate influence on design, permitting, and project delivery. Effective planning requires coordination between SEQRA strategy and the technical requirements imposed by the 2025 ECCCNYS and the New York State amended Building Code and Residential Code.

Daniel T. McKillop regularly advises developers, owners, and project teams on navigating environmental review, land use approvals, and evolving regulatory requirements in New York.

This alert builds on our prior analysis of Governor Hochul’s proposed SEQRA reforms aimed at accelerating housing development while maintaining environmental standards.