Proposed, Emergency, and Recently Adopted Regulations

This page lists rules and regulations that have been proposed or recently adopted and emergency regulations that are in effect. This page will be updated whenever new regulations are proposed or information changes.

Underlines contained in the text of proposed regulations denote new material. Brackets [ ] indicate material to be deleted.

Proposed Regulations Available for Public Comment

1. 6 NYCRR Part 10 – Sportfishing Regulations (Walleye, Northern Pike, Tiger Muskellunge, and Chain Pickerel) - This rulemaking will eliminate unnecessary regulations, change season and harvest limits to protect vulnerable populations of coolwater sportfish species, and will help to protect walleye spawning stock in the eastern basin of Lake Ontario. Comments will be accepted through April 13, 2026.
2. DMM-7a: Biosolids Recycling in New York State – Interim Strategy to Address PFAS in Biosolids Projects - Expands on the requirements of DMM-7 to require sampling and analysis of soil products produced from biosolids (biosolids products), such as compost and heat dried products. Comments on the proposed program policy can be submitted to [email protected] and will be accepted through January 9, 2026.
3. 6 NYCRR Part 242 – CO2 Budget Trading Program - The proposed amendments to 6 NYCRR Part 242 CO2 Budget Trading Program would reduce the annual budget of CO2 allowances through 2037, add a second tier of Cost Containment allowances, remove the emissions containment reserve, remove offset projects, remove eligible biomass provisions, increase the minimum reserve price, reduce the number of allowances set-aside for long term contracts and voluntary renewable energy purchases while still maintaining enough allowances to accommodate anticipated demand, and make other improvements and clarifications to the program. Comments on these proposed revisions must be received by February 17, 2026.
4. 6 NYCRR Part 40- Marine Fish (Cobia) - This rulemaking adopts new recreational regulations for Cobia to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plans. Comment period is open through June 23, 2025
5. 6 NYCRR Part 36- Gear and Operation of Gear & Part 40- Marine Fish (American Eel) - This rulemaking proposes new regulations for commercial American Eel pots. This rule will bring New York into compliance with the Atlantic States Marine Fisheries Commission (ASMFC) American Eel fishery management plan (FMP). Public comments will be accepted until February 24, 2025.
6. 6 NYCRR Part 10 - Sportfishing & Part 40 - Marine Fish (Atlantic Striped Bass) - This rulemaking adopts new recreational regulations for Atlantic Striped Bass to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plan.
7. Proposed Amendments to 6 NYCRR 750-1.25, "References." - The proposed rule making would revise references contained in 6 NYCRR 750-1.25 to include the most updated version of the referenced statutes and regulations. The proposed rule making would also update incorrect references to 6 NYCRR 750-1.24 in the substance of 6 NYCRR 750 to correctly reference 6 NYCRR 750-1.25.
8. Proposed Amendment to Part 375, Environmental Remediation Programs - This rulemaking provides updates to DEC's Environmental Remediation Programs (BCP, SSF, and ERP) and soil clean-up objectives (SCOs). Comments are due May 21, 2024.

Proposed Regulations Pending (Public Comment Period Closed)

1. DMN-5: ECL Article 23 Regulated Wells Civil Penalty Program Policy – This proposed draft program policy establishes guidance to DEC staff on procedures for enforcement of ECL Article 23, Titles 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. The comment period closed on February 8, 2026.
2. 6 NYCRR Part 492 – Climate Smart Community Projects – In 2018, DEC adopted 6 NYCRR Part 492, which governs the procedures applicable to Climate Smart Community Projects, including the ZEV Rebate Program, ZEV Infrastructure Grant Program, and Climate Smart Communities Grant Program. On Sept. 16, 2025, DEC filed a Notice of Proposed Rulemaking with NYS DOS to propose amendments to Part 492. The public comment period on the rulemaking ran from Oct.1, 2025 to Dec. 9, 2025. DEC is currently reviewing the comments received.
3. Advanced Notice of Proposed Rule Making (ANPRM) for 6 NYCRR Parts 550, 561, 563, and 569 for Closed Loop Geothermal - 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. This was a feedback-gathering exercise, not a regulatory action. Additionally, to fulfill the requirements of the State Environmental Quality Review (SEQR) Act associated with the future rule making, DEC is developing a Generic Environmental Impact Statement (GEIS) to assess the environmental impacts associated with the issuance of permits for closed loop geothermal boreholes and closed loop stratigraphic test wells drilled deeper than 500 feet. The first step in developing the GEIS was issuance of a Draft Scope that identifies the topics proposed to be addressed in the GEIS. DEC accepted written public input and comment on the Draft Scope from  July 23, 2025 to August 22, 2025. DEC issued the Final Scope of the GEIS on February 4, 2026. This serves as an outline for the topics to be evaluated in the Draft GEIS.
4. Proposed Amendments to 6NYCRR 617 – The primary purpose of the amendments is to implement SEQR-related provisions of the Environmental Justice Siting Law (EJSL) (Chapter 840 of the Laws of 2022, as amended by Chapter 49 of the Laws of 2023) that took effect December 30, 2024. The law requires agencies reviewing actions under SEQR that may affect disadvantaged communities, to evaluate the potential impacts of a disproportionate pollution burden in determining whether an environmental impact statement is required, and the requirement to include an evaluation of the potential disproportionate pollution burden when an environmental impact statement is required.   The public comment period on the proposed rulemaking ended May 7, 2025. DEC is currently evaluating public comments received during the comment period.
5. Draft Program Policy DMN-4: Mining Projects and Climate Change Considerations - The draft program policy proposes requirements for analyses developed pursuant to Section 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, for mined land reclamation permit applications and bluestone exploration authorizations, as well as related Department Initiated Modifications. Public comments will be accepted through February 18, 2025.
6. DER-41 - DER is issuing proposed guidance, DER-41 - Financial Assurance (FA) Guidance for Sites in the State Superfund Program and Brownfield Cleanup Program, for public comment along with proposed language for FA instruments.
7. Part 40 - Marine Fish (Sharks) - The proposed rulemaking amends gear restrictions for recreational shore anglers to enhance law enforcement's ability to protect sharks. These amendments will establish maximum hook sizes and maximum metal leader lengths for shore anglers, limits the deployment of baited hooks to rod and reel only for shore anglers, and prohibits chumming near shore. The proposed rulemaking also adds new handling and release methods for all sharks to improve both shark and angler safety.
8. Part 39 and Part 175 - Special licenses and permits; Marine Resources licenses and permits - Uniform Procedures - This rulemaking adds Part 39 and amends Part 175 to clarify the processes for issuance and management of marine resources and special fish and wildlife licenses and permits. In addition, the proposed Part 39 establishes the process by which the Department may temporarily suspend a shellfish dealer permit where violations by the permit holder present a danger to human health.
9. Part 69 and Part 101, Sections 11-0303, 11-0321 and 11-2101 - Regional Hunting Regulations - This rulemaking is necessary to repeal regional hunting regulations.
10. Parts 151, 153, 170, 174, and 182 of Title 6 NYCRR - Pertaining to possession of fur-bearing animals, preserve licenses, importation licenses, breeding and sale of cage birds, and sale of articles containing endangered or threatened species parts.
11. Part 180.1; ECL Section 11-0511 - This rulemaking is to expand the list of animals which pose a risk to health or welfare of the people of the state or indigenous fish and wildlife.
12. 6 NYCRR Parts 196.3 and 196.5 – Amendments to Moose River Plains Regulations
    The proposed rulemaking will protect public safety and natural resources within the Moose River Plains Wild Forest.
13. Sections 10.1, 10.10, 11.2, 35.1, 35.3, 42.2, 43-1.1, 43-2.1, 45.1, 47.1, 576.2, and 591.3 - This proposal will amend 6 NYCRR Sections 10.1, 10.10, 11.2, 35.1, 35.3, 42.2, 43-1.1, 43-2.1, 45.1, 47.1, 576.2, and 591.3, to replace all references to the Tappan Zee Bridge with the name of the new bridge -- the Governor Mario M. Cuomo Bridge.

Emergency Regulatory Actions

1. Part 10 - Sportfishing & Part 40 - Marine Fish (Atlantic Striped Bass) - This rulemaking adopts new recreational regulations for Atlantic Striped Bass to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plan. This rulemaking will remain in effect for 90 days.

Recently Adopted Regulations (Previous Twelve Months)

1. Revised Amendment to Part 375, Environmental Remediation Programs  - This rulemaking provides updates to DEC's Environmental Remediation Programs (BCP, SSF, and ERP) and soil clean-up objectives (SCOs). The amendments were proposed on July 2, 2025. DEC is noticing revisions to the proposed amendments. Effective December 31, 2025.
2. Part 199 - The rulemaking aims to improve the Forest Tax Law program by lessening the administrative burdens placed on participants and Department staff while strengthening the sustainable forest management standards. Effective March 1,2026
3. 6 NYCRR Part 384 Criteria for Decommissioning of Radioactive Materials Licensed Sites - This rulemaking proposes to adopt Part 384 entitled “Criteria for Decommissioning of Radioactive Materials Licensed Sites” to set criteria for decommissioning which are at least as stringent as the federal License Termination Rule. The criteria are defined in terms of the maximum allowed dose to a member of the public due to residual concentrations of radioactive material in soil and groundwater following decommissioning. Comments are due September 24, 2024.
4. 6 NYCRR Parts 601 (Water Withdrawal Permitting, Reporting, and Registration) and 602 (Applications for Long Island Wells) – The adopted rule making amends 6 NYCRR Parts 601 and 602 to improve regulation clarity, consistency, and efficiency based on valuable input from the regulated community, industry groups, Department staff, and other stakeholders. Effective November 14, 2025.
5. Parts 701, 703, 864, 890, 891, 920, and 935 – This rulemaking adopts regulatory updates to modify how the wet weather (WW) limited use designation can be applied, amends water quality standards (WQS) to protect off-season secondary contact recreation best uses in saline waters, and amends classifications of 30 formerly Class I or SD waterbody segments to Class SB, SB(WW), or SC. Adopted on October 15, 2025. Effective October 15, 2025.
6. 6 NYCRR Part 182, Endangered and Threatened Species Mitigation Bank Fund - This rulemaking establishes how the Endangered and Threatened Species Mitigation Bank Fund will operate. This rule making is required to implement the Mitigation Bank Fund as created under the 2020 Accelerated Renewable Energy Growth and Community Benefit Act and amended by the 2024 Renewable Action Through Project Interconnection and Deployment (RAPID) Act. Adopted on July 23, 2025. Effective July 23, 2025.
7. 6 NYCRR Part 10 Trout Stream Fishing Regulations - This rulemaking aligns select trout stream regulations with DECs Trout Stream Management Plan and amends tidal trout regulations.
8. 6 NYCRR Part 44 – Crabs and Horseshoe Crabs – This rulemaking will repromulgate 6 NYCRR sections 44.2, 44.3, and 44.4, which regulate crabs, horseshoe crabs, and mitten crabs, respectively, under the statutory authority of ECL sections 13-0105 and 3-0301. These regulations were previously promulgated pursuant to ECL section 13-0331(7), which expired on December 31, 2024. Adopted on May 7, 2025. Effective May 7, 2025.
9. 6 NYCRR Part 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern - The proposed rulemaking would amend 6 NYCRR Part 182, Endangered, Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits to update the list of endangered, threatened, and special concern fish and select wildlife species. This rule making is required to partially update the list of species protected under Part 182.5 to reflect known changes in status for native fish species in New York and to explicitly add species that have been listed by the US Fish and Wildlife Service as endangered or threatened under the Code of Federal Regulations Title 50, part 17.11 that do not appear in the express terms of Part 182.5. Effective April 9, 2025
10. 6 NYCRR Part 182 Endangered and Threatened Species of Fish and Wildlife; Species of Special Concern; Incidental Take Permits -  The proposed rulemaking reinstates regulatory language that was vacated as a result of a recent court ruling. The proposal is re-issuing the entirety of the endangered and threatened species regulations as they existed prior to the 2022 court decision and providing a public comment period and public hearing to restore the regulations to their previous form. There are no substantial changes to the regulations being made through this effort, beyond updating the dates to the most recent publication of federal regulations that are referenced within the regulations. Effective on December 4, 2024.
11. 6 NYCRR Part 177 Sporting License Printing and Mailing Fee - This rulemaking adopts a regulation to allow License Issuing Agents (LIAs) and license fulfillment centers to levy a nominal fee for the printing and/or mailing of plain paper hunting, fishing, and trapping licenses. Adopted on November 13, 2024. Effective on November 13, 2024.
12. 6 NYCRR Part 41 – Sanitary Condition of Shellfish Lands - The rule is necessary for the preservation of the public health. ECL section 13-0307 requires that the Department examine shellfish lands and certify those that are in such sanitary condition that shellfish may be taken and used as food; all other lands must be designated as uncertified.
13. Adopted Subpart 220-3 – Asphalt Pavement Manufacturing Plants -  The Department is proposing to repeal Subpart 212-4 and create a new Asphalt Pavement Manufacturing Plant regulation under Subpart 220-3. Subpart 220-3 will require new facilities to install control equipment that represents the best achieved industry standards. Existing facilities will be required to install similar controls on a scheduled reduction plan. These changes will reduce air emissions and streamline compliance. Existing Subpart 220-1, which regulates Portland cement plants, will be updated to reflect current particulate emission and nitrogen oxide (NOx) monitoring and reporting requirements. Subpart 220-2, Glass Plants, will remain unchanged.
14. 6 NYCRR Parts 40, 43, 44, 50, 38 – This updates several rulemakings please view webpage for more information, Adopted on July 10, 2024. Effective July 10, 2024.
15. 6 NYCRR Part 40 – Marine Fish (Cobia) - This rulemaking allows New York to close the commercial Cobia fishery by written notice to license holders should the Atlantic States Marine Fisheries Commission (ASMFC) determine that the coastwide commercial Cobia harvest quota has been reached. This rule maintains New York’s compliance with the ASMFC fishery management plan. Adopted on June 26, 2024 Effective June 26, 2024.
16. 6 NYCRR Part 44 - Lobsters and Crabs (Jonah Crab) - This rulemaking will define the Jonah Crab directed trap fishery and establish bycatch limits. These amendments are intended to protect Jonah Crab and are consistent with requirements of the Atlantic States Marine Fisheries Commission (ASMFC) Jonah Crab fishery management plan (FMP). Adopted on June 26, 2024 Effective June 26, 2024.
17. Repeal Parts 206, 250, 256, and Subchapter C, Air Quality Area Classifications Parts 260-317 - Effective January 26, 2024. The Department is proposing to repeal 6 NYCRR Part 206, "State Aid for General Air Pollution Work, New York City;" 6 NYCRR Part 250, "Miscellaneous Orders;" 6 NYCRR Part 256, "Air Quality Classification System;" and Subchapter C, Air Quality Area Classifications, 6 NYCRR Parts 260-317; because they are obsolete. The Department is also proposing to revise Part 257, "Air Quality Standards" to remove references to 6 NYCRR Part 256. In addition, the Department is proposing to revise Part 200, "General Provisions" to update and remove attendant references.
18. DAR-23: Article 19 Violation Penalty Policy for Short Form Orders on Consent - Effective December 6, 2023. This Program Policy Proposal provides a consistent approach to address New York State Environmental Conservation Law Article 19 air violations where the potential for harm and any actual harm to public health, the environment, or the regulatory system is minor.
19. DAR-24: Calculation of Penalties for Article 19 Violations at Stationary Sources - Effective December 6, 2023. This Program Policy Proposal provides guidance for calculation of recommended civil penalties for violations of New York State Environmental Conservation Law Article 19 air violations at stationary sources for the purpose of administrative settlement.
20. 6 NYCRR Part 664 - Freshwater Wetlands Jurisdiction and Classification - The proposed rule making would amend 6 NYCRR Part 664, Freshwater Wetlands Maps and Classification regulations to implement amendments to the Freshwater Wetlands Act that take effect January 1, 2025. The rule making would define key terms, improve the freshwater wetland classification system, establish criteria for the identification of Wetlands of Unusual Importance, and establish procedures related to jurisdictional determinations.
21. 6 NYCRR Part 253 - Mandatory Greenhouse Gas Reporting - As part of the State’s ongoing efforts to gather information regarding sources of air pollutant emissions and to support the reduction of emissions to meet the statutory mandates of the Climate Leadership and Community Protection Act, Chapter 106 of the Laws of 2019 (Climate Act), the New York State Department of Environmental Conservation (Department) has established a mandatory greenhouse gas (GHG) reporting program that requires certain GHG emission sources to report emissions to the Department. The reporting program is implemented through Part 253, Mandatory Greenhouse Gas Reporting. The adoption also includes attendant revisions to 6 NYCRR Part 200 to capture all incorporation by reference documents from Part 253.