Mineral Resources Regulatory Revisions

Recently Proposed and Adopted Regulations and Policies

Notice of Availability – Pre-Proposal Draft Express Terms for Future Mined Land Reclamation Rule Making

6 NYCRR 420 Series: Mined Land Reclamation and 6 NYCRR Part 481: Program Fees

On March 18, 2026, DEC issued a Notice of Availability of Pre-Proposal Draft Express Terms for 6 NYCRR Parts 420, 421, 422, 423, 424, 425, and 481. The purpose of the issuance of Pre-Proposal Draft Express Terms is to allow stakeholders the opportunity to review DEC’s idea for a future rule making, and to provide specific feedback and input related to these envisioned amendments. Amendments are envisioned to provide clear, consistent, and transparent requirements by addressing issues encountered in administering the current Mined Land Reclamation Regulations, incorporating technical changes and policy advancement since the last revision, and including references to the Uniform Procedures Act (UPA) and implementing regulations that govern processing of Mined Land Reclamation permits. Amendments are also envisioned to further protect groundwater, surface water, and natural resources by expanding sections addressing environmental impacts. The issuance of Pre-Proposal Draft Express Terms is a feedback-gathering exercise and not a regulatory action.

The following documents are available for written input until June 16, 2026. Note that Parts 420 – 423 and 425 are envisioned to be repealed and replaced in whole. Parts 424 and 481 are envisioned to be amended and therefore underlining is used within these parts to denote new materials and brackets [ ] are used to indicate material to be deleted.

• 6 NYCRR Part 420 General (PDF) 
• 6 NYCRR Part 421 Permits (PDF) 
• 6 NYCRR Part 422 Mined Land-Use Plan (PDF) 
• 6 NYCRR Part 423 Financial Security (PDF) 
• 6 NYCRR Part 424 Access to Mine and Mine Records (PDF) 
• 6 NYCRR Part 425 Enforcement (PDF) 
• 6 NYCRR Part 481 Program Fees (PDF) 

As part of stakeholder outreach, DEC has developed questions related to the Pre-Proposal Draft Express Terms for stakeholder consideration and response.

Stakeholder Outreach Information and Questions (PDF)

Public Input Solicitation

Input, supporting information, and responses to the outreach questions may be submitted to: DEC’s public comment system at https://nydec.commentinput.com?id=u94ieVQTx2, or by email to [email protected]. Please include “Mined Land Reclamation Rule Making” in the subject line. Alternatively, input may be submitted by mail to Attn: Mined Land Reclamation Rule Making, NYS DEC Division of Mineral Resources, 625 Broadway, 3rd Floor, Albany, NY 12233-6500. Written input for the Pre-Proposed Draft Express Terms must be postmarked or submitted electronically to DEC by 11:59 p.m. on June 16, 2026.

Informational Webinars for Stakeholders.

During the input period, DEC held two public information meetings, one on April 14, 2026, and the other on April 15, 2026, to provide an overview of the envisioned regulation amendments as outlined in the Pre-Proposal Draft Express Terms. Please note, these sessions were solely for informational purposes and did not constitute public hearings pursuant to the State Administrative Procedures Act.

View a copy of the presentation slides (PDF).

View the April 14 public information meeting recording.

View the April 15 public information meeting recording.

Closed Loop Geothermal Boreholes

Final Scope for the Generic Environmental Impact Statement (GEIS) for Closed Loop Geothermal

In February 2024, the Governor signed legislation directing DEC to promulgate regulations specific to closed loop geothermal boreholes deeper than 500 feet. The intent of the legislation was to support geothermal technologies that achieve electrification and emissions reductions while reducing administrative processes and maintaining adequate and appropriate environmental protections.To fulfill the requirements of the State Environmental Quality Review Act (SEQR) associated with this rule making, DEC is developing a GEIS to assess the environmental impacts associated with the development of regulations for the drilling and installation of closed loop geothermal boreholes and closed loop stratigraphic test wells deeper than 500 feet and the issuance of permits for this activity.On February 4, 2026, DECpublished the Final Scope for the Generic Environmental Impact Statement (GEIS) on the Regulatory Program for Closed Loop Geothermal Boreholes and Closed Loop Stratigraphic Test Wells Drilled Deeper than 500 Feet:

• Final Scope of the GEIS (PDF)

The public comment period for the Draft Scope ended on August 22, 2025. The following document is available for public viewing:

• Draft Scope of GEIS (PDF)

Advanced Notice of Proposed Rule Making for 6 NYCRR Parts 550, 561, 563, and 569 for Closed Loop Geothermal

On July 23, 2025, the New York State Department of Environmental Conservation (DEC) published an Advanced Notice of Proposed Rule Making (ANPRM) with the New York State Department of State to amend 6 NYCRR Part 550 and add 6 NYCRR Parts 561, 563 and 569. The purpose of this ANPRM was to solicit stakeholder input to inform DEC’s development of future proposed regulations for closed loop geothermal boreholes and closed loop stratigraphic test wells drilled deeper than 500 feet. The ANPRM was a feedback-gathering exercise, not a regulatory action. The public were invited to review the ANPRM and provide input through August 22, 2025. The documents remain available below for public viewing. Additional details on the rule making can be found on the web page for closed loop geothermal boreholes.

• Revised – Sections of 6 NYCRR Part 550 (PDF) – Underlined text denotes new material. Brackets [ ] indicate material proposed to be deleted.
• NEW – 6 NYCRR Part 561 (PDF), Closed Loop Geothermal Boreholes
• NEW – 6 NYCRR Part 563 (PDF), Closed Loop Stratigraphic Test Wells
• NEW – 6 NYCRR Part 569 (PDF), Materials Incorporated by Reference
• DEC Stakeholder Outreach Information Request (PDF) – A series of questions for stakeholder consideration and response, the answers to which will be used to inform the future rule making.

Previous Public Input and Comment

DEC accepted input and comments from stakeholders and the public are on the ANPRM and Draft Scope for the Closed Loop GEIS from July 23, 2025 until August 22, 2025.

During the input and comment period, DEC held two public information meetings on July 29, 2025 and July 31, 2025 to gather input on the ANPRM and formal comments on the draft Scope. These sessions were solely for informational purposes and did not constitute public hearings pursuant to the State Administrative Procedures Act.

A copy of the presentation slides is available:

• Closed Loop Geothermal Boreholes and Closed Loop Stratigraphic Wells Drilled Deeper Than 500 Feet (PDF)

Proposed Policy Public Comment Period Closed

DMN-4: Mining Projects and Climate Change Considerations

DMN-4 proposes requirements for analyses developed pursuant to Sections 7(2) of the Climate Leadership and Community Protection Act (CLCPA) and for compliance with the Community Risk and Resiliency Act, as amended by CLCPA Section 9 (CRRA), for mined land reclamation permit applications and bluestone exploration authorizations, as well as related Department Initiated Modifications.

View DMN-4 (PDF)

DMN-5: ECL Article 23 Regulated Wells Civil Penalty Policy

DMN-5 proposes to establish guidance to DEC staff on procedures for enforcement of New York State Environmental Conservation Law (ECL) Article 23, its implementing regulations, and permits. The draft Program Policy applies to ECL Article 23, Title 1 through 13 and Title 19 governing oil, gas, solution mining, and underground gas storage wells of any depth and brine disposal, stratigraphic and geothermal wells drilled deeper than 500 feet.

View DMN-5 (PDF)