New York State Banner
D E C banner
D E C banner

Brownfield Cleanup Program

Image of Grandview and Shadows balcony
Patrons of a new restaurant in
Poughkeepsie are treated to scenic
views of the Hudson River. Once home
to several industrial facilities, this site
was cleaned up under the BCP.

The goal of the Brownfield Cleanup Program (BCP) is to enhance private-sector cleanups of brownfields and to reduce development pressure on "greenfields". A brownfield site is real property, the redevelopment or reuse of which may be complicated by the presence or potential presence of a contaminant. Contaminants include hazardous waste and/or petroleum. For a general overview of the BCP process, please see our BCP summary.

BCP Guide and Eligibility Determination Guidance

DEC published a Draft Program Policy entitled Draft Brownfield Cleanup Program Eligibility Determination Guidance which is incorporated into the Brownfield Cleanup Program Guide ("BCP Guide" 59 page PDF, 182 KB) as Section 2 entitled "Eligibility (March 2005)." (4 page PDF, 16 KB)

This section of the BCP Guide is intended to provide guidance as how DEC determines whether a particular piece of property is eligible for participation in the BCP. It sets forth factors that DEC will consider in conjunction with an eligibility determination, to the extent such factors are relevant to the property that is the subject of the application.

This guidance is not intended to create any substantive or procedural rights enforceable by any party in administrative or judicial litigation with the State of New York and DEC reserves the right, in its sole discretion, to act at variance with this guidance.

2008 BCP Tax Credit Information

For a description of recent changes made to the BCP tax credits, please see our 2008 Brownfield Legislation Summary.

On December 23, 2008, the New York State Department of Taxation and Finance (DTF) issued guidance on 2008 revisions made to the BCP, including new reporting requirements for developers. 2008 tax forms and instructions are also available for tax credits provided under the BCP. Links to DTF can be found on the right hand side of this page.

In addition, Chapter 390 of the Laws of 2008 requires DTF to produce a Brownfield Credit Report by January 31st of each year. The mandate requires DTF to include the name of each taxpayer claiming the brownfield redevelopment tax credit, the remediation credit, the amount of credit earned, and information identifying the brownfield project generating the credit. A link to this report can be found on the right hand side of this page.

How to Apply

Download the Brownfield Cleanup Program Application and Instructions. (10 page PDF, 297 KB)

To add a party to an existing BCP Agreement and/or Application, download the BCP Amendment Application for Change in Party. (3 page PDF, 83 KB)

Please review the list of application deficiencies to avoid filling out the application incorrectly.

Certificate of Completion

DEC has prepared a generic Certificate of Completion (2 page PDF, 54 KB) to be issued to eligible parties under the BCP. The Certificate of Completion will be issued upon a determination that either 1) the final engineering report is approved; or, 2) a no further action decision document is issued. The Certificate of Completion provides liability protections in the above program and will trigger the availability of tax credits for eligible parties. The Certificate of Completion also allows the Certificate holder to redevelop the site, subject to certain restrictions, if applicable. The Certificate may be modified or revoked by DEC, subject to certain reopeners.

Point of Contact

For additional information regarding the Brownfield Cleanup Program contact your Regional Program Contact.


More about Brownfield Cleanup Program:

  • Ineligible RCRA Permitted Sites - RCRA sites that are subject to a permit issued pursuant to ECL Article 27, Title 9 are ineligible for the Brownfield Cleanup Program regardless of whether it otherwise meets the definition of brownfield site.
  • Brownfield Site Certificates of Completion - The DEC issues Certificates of Completion for Brownfield Cleanup Program sites in accordance with Chapter 1 of the Laws of 2003 established the Brownfield Cleanup Program.
  • Brownfield Cleanup Program Summary - New York State's Voluntary Cleanup Program spurs the redevelopment and reuse of contaminated properties.
  • Brownfield Cleanup Agreements - Division of Environmental Remediation - BCP Fact Sheet - Brownfield Cleanup Agreements. A BCA is required for all parties who wish to participate in the Brownfield Cleanup Program.
  • Common Deficiencies in Brownfield Cleanup Applications - This page identifies six items commonly left out of or incorrectly presented on applications for the Brownfield Cleanup Program