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Regulations and Enforcement

State laws contain mandates to protect the public health and safety. DEC implements and enforces these legislative mandates, which are the fundamental source of the department's powers.

As with all laws, the ECL typically is made up of broad provisions that need to be defined and made explicit. DEC accomplishes this through rules and regulations that define who is bound by the law, what those people or organizations must do (or must not do), and what the consequences will be if they fail to meet their responsibilities. It is DEC's job to draft, promulgate, maintain and enforce environmental regulations.

Regulations are drafted by experts in environmental or natural resource fields, with input from the regulated community and the general public. DEC presents all proposed regulations for public comment, a process that often includes public hearings. After revisions in response to the comments, the regulations are officially promulgated and their provisions acquire the force of law.

Regulatory Guidance

Once regulations are in place, DEC often provides further guidance to help the regulated community comply. This guidance is offered through official policy and guidance documents. Many programs also offer guidance through publications and training sessions.

Enforcing Environmental Regulations

When a violation occurs, DEC enforcement and legal personnel develop the case and order compliance, in many cases also imposing penalties against the violator. Some violations lead to enforcement hearings, which are recorded and a written hearing officer's ruling and Commissioner decision issued. When the permit review process triggers formal hearings, the DEC Commissioner issues a written decision that either approves the permit, approves with conditions, or denies the permit.


More about Regulations and Enforcement:

  • Regulations - New York State Register and Official Compilation of Codes, Rules and Regulations of the State of New York (NYCRR)
  • Proposed Regulations - A list of all regulations that are currently proposed or undergoing emergency adoption by the NYSDEC
  • Enforcing Environmental Laws - Enforcing environmental laws; compliance; Environmental Conservation Officers and special enforcement units
  • Guidance and Policy Documents - Available guidance and policy documents from the New York State Department of Environmental Conservation
  • About Environmental Laws - How to find the full text of the Environmental Conservation Law and links to specialized areas of environmental law.
  • Hearings and Decisions - Information about upcoming hearings; links to an archive of hearing outcomes; and the Office of Hearings and Mediation Services docket management system