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 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.
2. 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.

3. Proposed Part 199 - The proposed 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.

4. 6 NYCRR Part 182, Endangered and Threatened Species Mitigation Bank Fund - The proposed rulemaking would establish how the Endangered and Threatened Species Mitigation Bank Fund would 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
5. 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 February 14, 2024. DEC is noticing revisions to the proposed amendments. Comments are due January 15, 2025.
6. 6 NYCRR Parts 601, Water Withdrawal Permitting, Reporting, and Registration; and 602, Applications for Long Island Wells - The proposed rule making would revise various parts of 6 NYCRR Parts 601 and 602. These regulations were last revised in 2013 and 1986, respectively. The purpose of the revisions is to improve regulation clarity, consistency, and efficiency based on valuable input from the regulated community, industry groups, Department staff, and other stakeholders.
7. 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.
8. 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.  
9. 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.

10. 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. 

11. 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.

12.  Proposed Rulemaking for the Addition of a New Section 190.41 to NYCRR Part 190 – The proposed rulemaking for the addition of a new section 190.41 to 6 NYCRR Part 190, pursuant to Environmental Conservation Law sections, 1-0101(3)(b), 3-0301(1)(b), 3-0301(2)(m), 9-0105(1) and 9-0105(3).This rulemaking will protect public health, safety, and natural resources within the Salt Hill State Forest by addressing overuse while providing a quality outdoor experience for users.

13. Proposed Amendments to Part 494 and Proposed Part 495 – The proposed updates to Part 494 expand controls and reporting on hydrofluorocarbons in refrigerants, propellants, and foams. Comments are due March 19, 2024. The proposed Part 495 controls the use of sulfur hexafluoride, including in gas-insulated switchgear, and establishes reporting on fluorinated greenhouse gases. Comments are due March 21, 2024.

14. 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.
15. Proposed Amendments to Part 490 - The proposed updates to Part 490 provides up-to-date science-based projections of future sea level rise. Comments are due April 29, 2024. 

Proposed Regulations Pending (Public Comment Period Closed)

1. 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.
2. 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. 
3. 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.
4. Part 1.11 - Amendment to Deer Hunting Seasons - This rulemaking would provide an option for counties to annually be excluded from the holiday deer hunt from December 26 to January 1 due to perceived concerns about potential impact to snowmobiling activity.
5. 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.
6. 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.
7. 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.
8. 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.
9. Pre-proposal for Part 182.5-Listing of Endangered, Threatened, and Special Concern Species - This pre-proposal is to revise the list of endangered, threatened, and special concern species. The public are invited to review the draft changes and the accompanying species status assessments.
10. Emergency Proposed Rulemaking - Section 190.10 Onondaga Escarpment Unique Area - Section 190.25 Zoar Valley Multiple Use Area - The emergency/proposed rulemaking will protect public health, safety and general welfare on the Zoar Valley Multiple Use Area including Zoar Valley Unique Area by implementing public access restrictions. In addition, it will address unregulated use of the Onondaga Escarpment Unique Area by restricting recreational activities to those compatible with the unique qualities of the parcel. The Notice of Emergency/Proposed Rulemaking is available in the August 4, 2021 issue of the State Register.
11. Amendment to 6 NYCRR Section 190.0 Introduction and Adoption of a New 6 NYCRR Section 190.38 Brookfield Trail System - This rulemaking is being proposed to protect public safety and natural resources on the Brookfield Trail System, a system of trails designated for use by horses, llamas and mountain bikes, located on three reforestation areas covering over 13,000 acres in Chenango and Madison counties.
12. Part 190.39 - New Neversink River Riparian Corridor Regulations - This rulemaking is being proposed to protect public health, safety, and natural resources within the Neversink River Riparian Corridor by addressing overuse and degradation occurring within the Corridor.
13. 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. 
14. 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.
15. Proposed Amendments to 6NYCRR 621, 421, 601 - The proposed amendments would, among other things, provide further clarity and promote expeditious, comprehensive, and thorough review of UPA permit applications.

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.

2. Emergency Rulemaking - Section 190.10 Onondaga Escarpment Unique Area - Section 190.25 Zoar Valley Multiple Use Area - The emergency/proposed rulemaking will protect public health, safety and general welfare on the Zoar Valley Multiple Use Area including Zoar Valley Unique Area by implementing public access restrictions. In addition, it will address unregulated use of the Onondaga Escarpment Unique Area by restricting recreational activities to those compatible with the unique qualities of the parcel. The Notice of Emergency Rulemaking will be available in the October 27, 2021 issues of the State Register and the Environmental Notice Bulletin.

Recently Adopted Regulations (Previous Twelve Months)

1. 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.
2. 6 NYCRR Part 381 Transporters of Low-Level Radioactive Waste - The amendments are to establish regulations consistent with the Nuclear Regulatory Commission (NRC) regulations adopted in 2012, 2015, 2019, 2020, and 2021 that pertain to the transportation of radioactive materials. Effective November 27, 2023.
3. Adopted Parts 360-366, 369, 371, 377  - Notice is hereby given that the New York State Department of Environmental Conservation (DEC) has adopted revisions to the Part 360 Series (6 NYCRR Part 360 Solid Waste Management Facilities, Part 361 Material Recovery Facilities, Part 362 Combustion, Thermal Treatment, Transfer and Collection Facilities, Part 363 Landfills, Part 364 Waste Transporters, Part 365 Regulated Medical Waste and Other Infectious Wastes, Part 366 Local Solid Waste Management Planning, Part 369 State Assistance Projects). Effective July 22, 2023
4. 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.
5. 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.
6. Subpart 352-1 1,4 Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products - This rulemaking implements the amendments to Article 35 and Article 37 of the Environmental Conservation Law (ECL), adopted in 2019, which establish limits on the amount of 1,4-dioxane that can be present in household cleansing, personal care, and cosmetic products sold in the State.
7. 6 NYCRR Chapter 1, Subchapter 1 - Bass Fishing Tournament Permit and Reporting System: This rulemaking establishes a free permit and reporting system for fishing tournaments where black bass (largemouth bass and smallmouth bass) are the targeted species, and the tournament has 10 or more participants. The information derived from this system will help DEC respond to issues such as user conflicts, overuse of the resource, and concerns about black bass populations.
8. 6 NYCRR Parts 624, 621, 622 and Subpart 750-1 – Effective August 21, 2024 - The adopted rule repeals and replaces 6 NYCRR Part 624, Permit Hearing Procedures, and amends Part 621, Uniform Procedures, Part 622, Uniform Enforcement Hearing Procedures, and Subpart 750-1, Obtaining A SPDES Permit and POSS Registration.
9. 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. 
10. DMN - 3 Relief from Requirements to Furnish and Maintain Financial Security for Closed Loop Stratigraphic Wells – The Division of Mineral Resources issued a new draft program policy, DMN-3, for a 30-day public comment period that closed on April 26, 2024. This policy will provide relief from the requirement to furnish and maintain financial security when drilling closed loop stratigraphic test wells deeper than 500 feet. 
11. 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.
12. 6 NYCRR Part 190.40 – Adirondack Rail Trail Speed Limit Regulation - This rulemaking provides DEC with the authority to post various speed limits through populated areas for all users on the Adirondack Rail Trail. Effective June 26, 2024.
13. 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.
14. 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.
15. 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.  
16. 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. 
17. 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.