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Proposed Regulations

DEC's Proposed, Emergency, and Recently Adopted Regulations

This page lists the rules and regulations that have been proposed by the New York State Department of Environmental Conservation, and on emergency and recently adopted regulations that have been adopted by the Department. Details for each proposal or adoption can be found on web pages for each division that are linked from the left column of this page. Please check back often as this page will be updated whenever new regulations are proposed.

Proposals Currently Available for Public Comment

  1. Revised Part 242 - CO2 Budget Trading Program, Revisions to Part 200 - General Provisions and Acceptance of the Supplemental Draft Generic Environmental Impact Statement. The Department is proposing to revise 6 NYCRR Part 242, CO2 Budget Trading Program, revisions to 6 NYCRR Part 200, General Provisions, and Acceptance of the Supplemental Draft Generic Environmental Impact Statement. Revised Part 242 establishes a market based program designed to cap and reduce carbon dioxide (CO2) emissions from power plants by 10 percent by 2019. Comments are accepted through 5PM June 23, 2008.
  2. Proposed Revisions to Part 215 - Open Fires, Part 191 - Forest Fire Prevention, and Part 621 - Uniform Procedures. The Department is proposing to ban the open burning of all materials including household refuse (garbage), paper materials, leaves and yard wastes. Comments are accepted through 5PM July 10, 2008.
  3. Parts 10, 35, and 36 - Sportfishing Regulations, Licenses, and Gear and Operation of Gear. This proposed rulemaking is necessary to reduce the harvest of Hudson River American shad consistent with protecting the resource. Comments are accepted through 5PM, May 19, 2008.
  4. Part 673- Dam Safety Regulations, Part 608- Use and Protection of Waters, and Part 621- Uniform Procedures. Comments will be accepted until May 17, 2008 on proposed amendments to regulations pertaining to dam safety.

Proposed Regulations Pending (Public Comment Period Closed)

  1. Parts 10, 18, 19, 35, and 180 - Sportfishing Regulations, Taking Bait, Use of Bait, Licenses, and Miscellaneous Regulations. This rulemaking is necessary to revise regulations governing sportfishing and associated activities including gear requirements and use of bait fish; and to prohibit the sale of trout and salmon eggs.
  2. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Tautog). This rulemaking is necessary to control the recreational harvest and possession of tautog consistent with Fisheries Management Plans.
  3. Part 200 - General Provisions, Part 201 - Permits and Registrations, and Part 231 - New Source Review in Nonattainment Areas and Ozone Transport Regions and associated revisions to the State Implementation Plan (SIP). Another purpose of the rulemaking is to adopt a State PSD program for proposed new major facilities and major modifications to existing facilities located in attainment areas.

Emergency Regulatory Actions

  1. Parts 10, 35 and 36 - Sportfishing Regulations, Licenses, and Gear and Operation of Gear. This emergency rulemaking is necessary to reduce the harvest of Hudson River American shad consistent with protecting the resource. Effective: March 13, 2008. Expires: June 10, 2008
  2. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Tautog). This emergency rulemaking is necessary to control the recreational harvest and possession of tautog consistent with Fisheries Management Plans. Readoption effective: April 28, 2008. Expires: June 26,
  3. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder and Scup). This emergency rulemaking is necessary to control the recreational harvest and possession of summer flounder and scup consistent with Fisheries Management Plans. Effective: May 5, 2008. Expires: August 2, 2008

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 2, Section 2.2 - Frogs and Part 3 - Reptiles - adopted February 20, 2008. This adopted rulemaking was necessary to establish regulations pertaining to the protection and, in some cases, the regulated harvest of selected species of turtles and frogs.
  2. Part 40, Section 40.1 - Marine Fish - Open Seasons, Size and Catch Limits (Summer Flounder) - adopted February 6, 2008. This rulemaking controls the recreational harvest and possession of summer flounder consistent with Fisheries Management Plans.
  3. Part 6, Section 6.3 - General regulations for trapping beaver, otter, mink, muskrat, raccoon, opossum, weasel, red fox, gray fox, skunk, coyote, fisher, bobcat and pine martin - adopted on January 30, 2008. This rulemaking prevents the capture of dogs in body gripping traps set on land.
  4. Part 2, Section 2.30 - Migratory game birds - effective date December 12, 2007. This rulemaking adjusts migratory game bird hunting regulations to conform with federal regulations.
  5. Part 1, Section 1.31 - Hunting Black Bear - adopted on November 14, 2007. This rulemaking lengthens the black bear hunting season in the Catskill bear range.
  6. Adopted Part 200, General Provisions - effective date October 20, 2007. This rulemaking amends 6 NYCRR 200.9 and 200.10 to update the incorporation by references to include the Federal National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations as they appear in the July, 2005 version of the Code of Federal Regulations.
  7. Adopted Part 200, General Provisions - effective date October 19, 2007. Subdivision 200.1(av) was amended to incorporate the new federal PM2.5 designations and geographic boundaries.
  8. Adopted Clean Air Interstate Rules (CAIR) - effective date October 19, 2007. The Department has adopted three Clean Air Interstate Rules (CAIR) that will establish New York State's portion of the cap-and-trade programs. These rules consist of Part 243, CAIR NOx Ozone Season Trading Program; Part 244, CAIR NOx Annual Trading Program; and Part 245, CAIR SO2 Trading Program.
  9. Part 198 - Outdoor Recreation and Trail Maintenance Pin and Patch Program - effective date October 17, 2007
  10. Part 41 - Sanitary Condition of Shellfish Lands - adopted on September 5, 2007
  11. Part 40 - Marine Fish (Summer Flounder) - adopted on July 18, 2007
  12. Subpart 482-2, Operating Program Fees - effective date June 13, 2007
  13. Part 205, Architectural and Industrial Maintenance (AIM) Coatings - effective date June 9, 2007
  14. Part 621 - Uniform Procedures - effective date February 22, 2007
  15. Part 246, Mercury Reduction Program for Coal-Fired Electric Utility Steam Generating Units - effective date January 27, 2007
  16. Part 192, Planting of disease-resistant or immune cultivars of the genus Ribes (currants and gooseberries) - effective date November 29, 2006



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