Restoring Humboldt Parkway and removing the Kensington Expressway are not the same proposal. The earlier New York State Department of Transportation (NYSDOT) concept would have put the existing six-lane highway in a tunnel between Dodge Street and Sidney Street, built public greenspace above it, and reconstructed Humboldt Parkway and nearby streets. The current Queen City Forward process is a restart and broader study of New York Route 33. NYSDOT says every option remains open, including a possible fill-in of the below-grade expressway, and no design has been selected.
The short answer: restoration is a surface outcome; removal is a highway decision
“Humboldt Parkway restoration” describes rebuilding a parkway and its public landscape: tree-lined streets, connections between neighborhoods, civic space and links to Buffalo’s Olmsted park system. “Kensington Expressway removal” describes eliminating, filling or otherwise replacing the below-grade highway so that regional trips would use a different street or road network.
Those ideas can overlap, but one does not automatically produce the other. A highway can be placed underground while the surface is restored, as in the earlier state proposal. A fill-in alternative could remove the trench and create a new street, park or combination of uses, but it would require a different traffic strategy. The current state process has not chosen between those approaches.
| Question | Earlier Kensington project | Current Queen City Forward process |
|---|---|---|
| What is being studied? | A defined concept for a six-lane tunnel and surface reconstruction. | A fresh look at all options for NY Route 33, potentially over a broader area. |
| Highway configuration | Six lanes retained in a tunnel from Dodge Street to Sidney Street. | No selected configuration; NYSDOT says analysis will include a possible fill-in option. |
| Surface treatment | Public greenspace above the tunnel and reconstruction of Humboldt Parkway and related streets. | The amount and form of parkway restoration depend on the alternative eventually studied and selected. |
| Traffic premise | Designed to preserve the corridor’s regional highway capacity. | New modeling will examine current and future traffic, origins and destinations, rerouting and the effects of filling the expressway. |
| Environmental review | Earlier review and permitting were recorded complete on February 16, 2024. | A new Environmental Impact Statement (EIS) is required; the restarted review is not complete. |
| Status | Challenged and not the current project design. | Early planning and outreach; no final alternative, cost or construction schedule. |
Why Humboldt Parkway matters historically
Humboldt Parkway was part of Frederick Law Olmsted’s Buffalo park system. The route connected Delaware Park with the Parade, now Martin Luther King Jr. Park. A 2026 New York Appellate Division, Fourth Department, opinion recounts that much of the parkway was replaced by state highways beginning in 1957 and that the Kensington was built as a below-grade highway in 1968.
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That history explains why supporters describe the issue as more than a roadway project. They point to the loss of a landscaped civic connection and to the way highway construction divided East Buffalo neighborhoods. Restoring the parkway therefore refers to repairing an urban and park system, not merely resurfacing a road. The historical account is part of the legal and planning context; it does not itself decide which engineering alternative should be built.
What the earlier tunnel proposal actually contained
A defined corridor and tunnel
The prior project covered a corridor segment from Best Street to Sidney Street. Its selected concept placed a six-lane tunnel between Dodge Street and Sidney Street. The highway would remain a high-capacity route, but traffic would travel below grade rather than through the existing open trench.
Greenspace and a reconstructed parkway
The public description called for public greenspace on top of the tunnel and reconstruction of Humboldt Parkway and related streets. In practical terms, the surface was intended to provide a continuous public realm while the regional route continued below it. The proposal also discussed tunnel ventilation and a possible air-treatment system. Those are details of the earlier scoping concept, not commitments carried into the current study.
Its stated transportation purpose
The earlier project was framed in part as a way to correct the historic division while preserving regional highway capacity. In the state’s 2022 scoping materials, the Governor described the project as “a once-in-a-lifetime opportunity to correct an egregious planning failure of the past and give the residents of East Buffalo the connection to one another and to greenspace they have been deprived of for far too long.” That is an advocacy description of the proposal, not an independent finding about its effects.
What that proposal did not mean
A tunnel is not the same as removing the route. The earlier design retained six lanes and moved them underground. It would have changed the surface experience and parkway connections without eliminating the corridor’s regional traffic function. It should not be presented as the current state plan.
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What Queen City Forward changes
The process has restarted
NYSDOT’s current project page calls Queen City Forward “a fresh look at all options for the NYS Route 33 Expressway.” The state says a court required an EIS and that preparing one requires starting again with updated, current data. This is a new planning and environmental process, not a construction phase for the old tunnel design.
All options remain open
NYSDOT has not selected a tunnel, removal, reconstruction or any other configuration. The agency says the community will help define the project’s purpose and need. That framing matters: purpose and need establish the problems an EIS must address before alternatives can be compared.
The study area may be larger
The earlier project had stated limits and a tunnel segment. Queen City Forward may examine a larger portion of NY Route 33. Until NYSDOT sets the final limits, it is not possible to assume that a future alternative will match the Best Street-to-Sidney Street corridor or the Dodge Street-to-Sidney Street tunnel footprint.
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A fill-in option will be analyzed
The new traffic work is expected to examine a possible fill-in option and the consequences of rerouting trips. “Fill-in” describes replacing the below-grade expressway space with a different surface or transportation arrangement; it does not identify a final street design, park acreage or lane count. Those details would have to emerge from the alternatives and EIS.
Restoration, removal and tunneling: how to distinguish the outcomes
| Outcome | What changes physically | Main question for decision-makers |
|---|---|---|
| Parkway restoration over a tunnel | The highway remains in a covered six-lane structure; the surface gains greenspace and reconstructed streets. | Can the tunnel, ventilation, safety systems and surface connections meet transportation and community goals? |
| Expressway fill-in or removal | The trench and highway function are replaced or eliminated; a new surface network would occupy or cross the corridor. | Where do existing and future regional trips go, and what are the effects on nearby streets and neighborhoods? |
| Partial or hybrid alternative | Different sections could receive different treatments, such as a surface boulevard, capped segments or retained highway links. | Which combination delivers measurable benefits without shifting unacceptable traffic or environmental burdens? |
Only the first outcome was defined in the earlier selected concept. The current process could study that approach, a fill-in, a hybrid or other alternatives. The terms “restoration” and “removal” should therefore be used carefully: restoration can be a surface objective under several highway configurations, while removal is a decision about the transportation facility itself.
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Traffic: the central practical difference
The earlier figure of about 80,000 vehicles per day
New York State reported in its 2022 announcement of the earlier project’s final scoping report that the expressway carried about 80,000 cars per day. That is a dated agency-reported figure from the earlier planning process, not a newly measured count for Queen City Forward. It should not be used as proof of current traffic volumes.
Why a tunnel and a fill-in produce different traffic questions
A tunnel preserves a dedicated high-capacity route, so the principal questions concern tunnel operations, portals, ventilation, safety, construction effects and how the surface redesign reconnects neighborhoods. A fill-in or removal would require a broader network analysis: which trips can shift to other routes, which streets would receive diverted traffic, how travel times change, and whether transit, walking or cycling improvements can absorb some trips.
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What the new modeling is expected to cover
NYSDOT says the regional traffic analysis will examine current and future conditions, trip origins and destinations, rerouting and the effects of filling in the expressway. Those results are not yet available. Until the state publishes the model assumptions and findings, claims that removal would or would not cause a particular level of congestion go beyond the established record.
- Current demand: updated counts and travel patterns rather than relying on the 2022 scoping figure.
- Future demand: forecasts for the planning horizon used in the EIS.
- Trip geography: where users begin and end their trips, including regional movements.
- Rerouting: changes on parallel roads and at intersections if highway capacity is reduced or removed.
- Multimodal effects: consequences for transit, walking, cycling and neighborhood access.
Environmental review and schedule
What happened to the earlier review
The Federal Permitting Dashboard records the earlier project’s environmental review and permitting as complete on February 16, 2024. That entry documents the earlier process; it does not mean the new Queen City Forward EIS is complete or that the old design remains approved.
After the earlier project was challenged, the state chose not to appeal and renewed public engagement. The current process must develop updated information and a new environmental record.
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The current estimate
NYSDOT estimates about one year of preparation and outreach before filing a Notice of Intent (NOI). The agency then estimates a Record of Decision (ROD) two years after the NOI. These are planning estimates, not confirmed dates. NYSDOT’s page does not provide a fixed NOI date.
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Repair common Windows errors and clear accumulated junk for a smoother, more stable PC - no reinstall needed.Free scan · no reinstall- Purpose-and-need development: community input helps define the problems and objectives the project must address.
- Early outreach and data collection: the state gathers transportation, environmental and community information.
- Regional traffic analysis: models test existing conditions, forecasts and alternatives such as fill-in.
- Notice of Intent: the formal EIS process begins when NYSDOT files the NOI.
- Draft and final EIS: alternatives and their impacts are documented, reviewed and revised through public and agency comment.
- Record of Decision: the responsible agency states whether and how a project may proceed.
The estimate does not establish a construction start. A selected alternative, funding, design, permits and later contracting decisions would still be required.
What the 2026 court decision did—and did not—decide
In East Side Parkways Coalition v. New York State Department of Transportation, the Appellate Division, Fourth Department, modified the lower-court judgment by reinstating the amended complaint against state defendants. The majority concluded that plaintiffs had presented viable causes of action concerning alleged public-trust and Green Amendment violations and that factual issues prevented summary determination at that early stage.
The ruling concerns whether those claims may proceed. It did not order the expressway removed, declare the highway unlawful, select a tunnel or fill-in alternative, or finally resolve the merits. Plaintiffs’ allegations and judicial findings must therefore be kept separate: the court found the claims legally viable at that stage, while the underlying factual and legal questions remain for the litigation and the planning process.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is known, and what is still undecided
| Established | Not yet established |
|---|---|
| Humboldt Parkway was part of the Olmsted park system and was substantially replaced by highways beginning in 1957. | Whether the final project will restore the full historic parkway alignment or another surface design. |
| The Kensington was built below grade in 1968. | Whether the expressway will be tunneled, filled, rebuilt, partially retained or removed. |
| The earlier concept used a six-lane tunnel from Dodge Street to Sidney Street with greenspace above. | Current lane counts, tunnel dimensions, ventilation design or surface acreage. |
| Queen City Forward is a restarted NY Route 33 study with an EIS requirement. | A selected alternative, final project limits, cost, funding or construction schedule. |
| NYSDOT intends to analyze traffic, rerouting and a possible fill-in option. | Current traffic counts and the model’s eventual findings. |
| The appellate court reinstated claims against state defendants. | A final judgment on those claims or an order requiring removal. |
How to evaluate claims about the project
Check which project a statement describes
References to a six-lane tunnel, greenspace on top, Dodge Street and Sidney Street, or reconstruction of Humboldt Parkway describe the earlier proposal unless the speaker clearly says otherwise. References to Queen City Forward, a fresh look at all options, a possible fill-in and new regional modeling describe the current process.
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Check the date and source of traffic numbers
The approximately 80,000-cars-per-day figure belongs to New York State’s 2022 scoping announcement. It is not a current count. A later EIS should provide the data, methods and forecast year needed to evaluate present and future conditions.
Separate an estimate from a commitment
“One year before an NOI” and “two years from the NOI to a ROD” are NYSDOT estimates. They are useful for understanding the likely sequence, but they are not a guaranteed schedule.
Separate litigation status from project status
A court allowing claims to proceed does not choose a design. Conversely, an environmental review record does not decide the merits of constitutional or public-trust allegations. Each question has its own process and evidence.
Why the distinction matters for Buffalo residents
People evaluating the project may care about several outcomes at once: reconnecting neighborhoods, restoring a historic landscape, reducing noise and air impacts, maintaining regional mobility, improving pedestrian safety and avoiding traffic burdens on other streets. A tunnel, a fill-in, and a hybrid design would distribute those benefits and risks differently.
The earlier concept offered a clear trade-off: retain regional capacity underground while creating a greener surface. A fill-in alternative could offer a more fundamental change to the highway corridor, but its feasibility depends on what happens to regional trips and on the design of the replacement network. Queen City Forward exists to test those trade-offs with updated data and public-defined objectives rather than assume that the earlier balance remains correct.
What to watch next
- Publication of the community-informed purpose-and-need statement.
- Definition of the geographic limits for the NY Route 33 study.
- Release of updated traffic counts, origin-and-destination information and model assumptions.
- Identification of the alternatives carried into the EIS, including how any fill-in option is defined.
- The Notice of Intent and subsequent draft EIS, when filed.
- Further court decisions in the reinstated litigation.
Until those steps occur, the accurate description is that New York is studying the future of the Kensington corridor and the restoration of Humboldt Parkway as related but distinct questions. The state has not selected expressway removal, and the earlier tunnel proposal is not the current project.
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