Freedom of Information Law

Under the Freedom of Information Law (FOIL), many department records are available for review.

How do I file a request for information which is not offered on the Internet?

Some information may be downloaded directly from this Website. If you do not find the information you seek here, please send a letter or completed Records Access Form (PDF, 72 KB) to:

Records Access Officer
New York State Department of Environmental Conservation
625 Broadway
Albany, NY 12233-1016
phone: (518) 402-9188
fax: (518) 402-9018
e-mail: foil@gw.dec.state.ny.us

Please be as specific as possible when requesting records, so that we may easily identify which records maintained by the Department are responsive to your request.

What happens to my request when you receive it?

Your request is given a number, entered into our tracking system and then routed to the Region(s) or Division(s) within the Department where the records you seek reside. This number will appear on all correspondence you receive from the Department, and will help us to identify your request.

The Region or Division will then identify and locate the records you have requested. We review them for responsiveness to your request and insure that release of the records complies with the Freedom of Information Law. The materials are photocopied and sections that are determined to be non-releasable are blacked out. Sometimes an answer to a request contains hundreds or thousands of pages, and may take some time to assemble.

How soon can I expect an answer?

The Records Access Officer will mail you an acknowledgment within five business days of receipt of your request. In this acknowledgment, you will be advised that you may expect a response to your request within 20 business days. If you have not received notice of completion of your request within 20 business days, please feel free to contact us.

What items are exempt from disclosure?

Article 6 of the Public Officers Law, Section 87, includes nine conditions for denial of access. Some of the most common requests received by the Department of Environmental Conservation that involve exemption from disclosure are:

Anything that may result in an unwarranted invasion of personal privacy. For example: home telephone numbers, home addresses, and Social Security numbers;
Trade secrets - records that if released could cause harm to the competitive position of a business or enterprise;
Information gathered for law enforcement purposes which, if disclosed, could interfere with due process;
Lists of names and addresses which would be used for commercial or fund-raising activities.

May I see the documents before I decide if I want copies?

Yes. When you send your request to us, you may specify if you would like to inspect the documents. We will contact you to schedule an appointment to come to our offices and view the materials. Arrangements will be made if you desire photocopies of documents. You will be charged for any copies of documents that had portions blacked out and rephotocopied before your review, even if you elect not to take them.

What is the fee?

You will be charged 25 cents per page for photocopying. Please make your check payable to New York State Department of Environmental Conservation and record the tracking number in the memo section of your check.

What if I want to appeal a determination that some or all of the records that I have requested are being withheld?

Where the Department does not timely respond to a FOIL request, or if a request for access to records has been denied in whole or in part, an appeal may be filed with the Assistant Commissioner of the Office of Hearings and Mediation Services ("OHMS"). The Assistant Commissioner serves as the Department's FOIL appeals officer.

An appeal should be sent in writing to the following address:

Assistant Commissioner
Office of Hearings and Mediation Services
NYS Department of Environmental Conservation
625 Broadway, 14th Floor
Albany, New York 12233-1010
Telephone: 518-402-8537
Fax: 518-402-9037

Once an appeal is received, OHMS will mail an acknowledgment of its receipt to the individual filing the appeal. In most cases, an OHMS administrative law judge ("ALJ") is assigned to the appeal. After conducting an independent review of the records that were withheld, the ALJ will then recommend to the Assistant Commissioner whether to release any of the withheld records.

Following review of the ALJ's recommendation, the Assistant Commissioner will issue a final determination. In certain cases, the Assistant Commissioner (rather than an ALJ) will conduct the independent review. If the determination is to release records, the individual filing the appeal will be notified of the cost of reproducing the records and, alternatively that he or she may review the records at the OHMS' office.

The Assistant Commissioner's FOIL appeal determination is a final agency action. Pursuant to Public Officers Law § 89(4)(b), the determination may be challenged in state supreme court by the filing of a Civil Practice Law and Rules ("CPLR") Article 78 petition.

More about Freedom of Information Law:

FOIL Appeals - Appeals from Freedom of Information Law requests made to Department Staff.