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 40- Marine Fish (Atlantic Cod) – This rule amends part 40 to prohibit possession of Atlantic Cod by recreational anglers for consistency with federal rules. The public comment period closes on September 28, 2026.
2. 6 NYCRR Part 41- Sanitary Conditions of Shellfish Lands – This rule is necessary for the preservation of 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. The public comment period closes on September 14, 2026.
3. DMN-X: Inactive ECL Article 23 Well Permit Applications – This proposed Program Policy establishes guidance to DEC staff regarding the handling of inactive Environmental Conservation Law Article 23 well permit applications, associated permit fees, and financial security. The public comment period closes on September 4, 2026.
4. 6 NYCRR Parts 360 & 363 Treatment and Disposal of Landfill Leachate – This rulemaking amends the solid waste regulations to include new requirements for the treatment of leachate generated at municipal solid waste landfills and at construction and demolition debris landfills that have leachate collection systems.
5. 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.

Proposed Regulations Pending (Public Comment Period Closed)

1. 6 NYCRR Part 40- Marine Fish (Black Sea Bass) – This rulemaking adopts new recreational regulations for Black Sea Bass to maintain consistency with the Atlantic States Marine Fisheries Commission (ASMFC) and the Mid-Atlantic Fishery Management Council’s (MAFMC) Fishery Management Plan for Black Sea Bass. The public comment period closed on July 27, 2026.
2. Pre-Proposal for 6 NYCRR Parts 420, 421, 422, 423, 424, 425, and 481 – Mined Land Reclamation and Program Fees – The purpose of the issuance of Pre-Proposal Draft Express Terms was to allow stakeholders the opportunity to review DEC’s ideas for a future rule making, and to provide specific feedback and input related to these envisioned amendments. This was a feedback gathering exercise, not a regulatory action. The input period closed on June 16, 2026.
3. 6 NYCRR Part 350 Food Donation and Food Scraps Recycling - The revisions update the regulations to align with the recent amendment to the NYS Food Donation and Food Scraps Recycling law. Public comment period closed June 2, 2026.
4. 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. 
5. 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.
6. 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.
7. 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 were accepted through February 18, 2025.
8. 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.
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. 6 NYCRR Part 41- Sanitary Conditions of Shellfish Lands – This rule is necessary for the preservation of 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. 
2. 6 NYCRR Part 40- Marine Fish (Black Sea Bass) – This rulemaking adopts new recreational regulations for Black Sea Bass to maintain consistency with the Atlantic States Marine Fisheries Commission (ASMFC) and the Mid-Atlantic Fishery Management Council’s (MAFMC) Fishery Management Plan for Black Sea Bass. 

Recently Adopted Regulations (Previous Twelve Months)

1. 6 NYCRR Part 40- Marine Fish (Bluefish) - This rulemaking adopts new recreational regulations for Black Sea Bass to maintain consistency with the Atlantic States Marine Fisheries Commission (ASMFC) and the Mid-Atlantic Fishery Management Council’s (MAFMC) Fishery Management Plan for Bluefish. 
2. 6 NYCRR Part 242 – CO2 Budget Trading Program - Adopted amendments to 6 NYCRR Part 242 CO2 Budget Trading Program, 6 NYCRR Part 200 General Provisions, effective January 1, 2027. The amendments 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. The New York State Energy Research and Development Authority (NYSERDA) has also adopted amendments to 21 NYCRR Part 507, CO2 Allowance Auction Program to align with amendments to Part 242.
3. 6 NYCRR Sections 1.11, 1.18, 1.19, 1.20, 1.21, and 180.8 pertaining to deer hunting seasons, deer hunting tags, and archery equipment – This rulemaking will modify deer hunting seasons and the issuance and use of deer hunting tags to increase antlerless deer harvest and improve the Department’s ability to manage abundant deer populations.
4. Program Policy 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. Adopted June 10, 2026.
5. 6 NYCRR Part 38- Marine Fisheries Data Management & Part 40- Marine Fish (Striped Bass) - This rule amends part 40 to allow the transfer of commercial Striped Bass tags, establishes the commercial Striped Bass transfer program in regulation, and specifies program requirements.  Additionally, this rule moves Striped Bass specific reporting requirements from Part 40 to Part 38, updates reporting requirements to be consistent with the policies set forth under the new commercial Striped Bass tag transfer program, and amends the Striped Bass Commercial Harvester permit renewal deadline from April 15 to February 15 (to commence in 2027). Adopted on June 10, 2026. Effective June 10, 2026.
6. 6 NYCRR Sections 1.11 and 2.3 Pertaining to Hunting with a Crossbow – This rulemaking will align DEC regulations with the Environmental Conservation Law regarding hunting with a crossbow. The rulemaking will amend and remove regulations that are now obsolete and contradictory to law changes adopted in 2025. This rulemaking will not affect how hunters may use crossbows for hunting in New York but merely aligns DEC regulations with recently updated state laws. Adopted June 3, 2026. Effective June 3, 2026.
7. Adopted Amendments to 6NYCRR 617 – Adopted April 24, 2026, effective June 12, 2026. 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.
8. 6 NYCRR Part 375, Environmental Remediation Programs  - This adopted rulemaking amends 6 NYCRR Part 375 to conform with the 2015 and 2022 Amendments with respect to the Brownfield Cleanup Program (BCP), addresses and enhances requirements pertaining to the Inactive Hazardous Waste Disposal Site Remedial Program (State Superfund Program) and the Environmental Restoration Program, and updates soil clean-up objectives (SCOs) in Tables 375-6.8 (a) and (b).  The rulemaking incorporates needed changes, clarifications, and modifications to the regulations based on the experience developed during the first decade of implementing the BCP.
9. 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.
10. 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.
11. 6 NYCRR Part 41- Sanitary Conditions of Shellfish - 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. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. Adopted on December 24, 2025. Effective August 6, 2025.
12. 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.
13. 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.
14. 6 NYCRR Part 40- Marine Fish (Coastal Sharks) – This rulemaking prohibits all take and possession of Oceanic Whitetip shark and clarifies that the Department may manage commercial shark harvest limits by directive. This rule will bring New York into compliance with the Atlantic States Marine Fisheries Commission (ASMFC) fishery management plans. Adopted on August 27, 2025. Effective August 27, 2025.
15. 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. Adopted on August 27, 2025. Effective April 8, 2025.
16. 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.
17. 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.
18. 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
19. 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.
20. 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.
21. 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.
22. 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. 
23. 6 NYCRR Parts 616, 650 and 750 – Wastewater Cybersecurity Rules – Effective March 26, 2026. This rule making adopts regulatory updates to add cybersecurity regulations for wastewater treatment facilities. It amends 6 NYCRR 616.7 to allow persons submitting cybersecurity information to the Department to request that the information be excepted from disclosure under FOIL. It amends 6 NYCRR 650.8 and 650.12 to require certified wastewater operators to obtain cybersecurity training. It amends various provisions of 6 NYCRR Part 750 to mandate cybersecurity incident reporting for SPDES permittees and to require emergency response planning and cybersecurity controls for Publicly Owned Treatment Works.
24. 6 NYCRR Part 492, Climate Smart Community Projects – DEC adopts amendments to 6 NYCRR Part 492, which governs the procedures applicable to climate smart community projects, including the zero-emission vehicle (ZEV) rebate program, ZEV infrastructure grant program, and climate smart communities grant program, authorized by Environmental Conservation Law §§ 1-0101, 3-0301, art. 54, title 15, and 58-0703. The amendments repeal the current rule and add a new Part 492 that is restructured to simplify and clarify the three separate programs. The changes to Part 492 also ensure consistency of the regulation with the statutory requirements, provide additional flexibility and eligibility for the administration of the program, and make other procedural improvements.