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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. 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. The public is invited to submit written comments on the proposed rulemaking through October 28, 2022.
  2. 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. Comment period is open through September 19, 2022.
  3. Part 40 - Marine Fisheries - Black Sea Bass and Scup - This rulemaking adopts new recreational regulations for black sea bass and scup to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC) fishery management plans. Comment period is open through September 6, 2022.
  4. Part 41 - Sanitary Conditions of Shellfish Lands (2022) - rulemaking 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. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes. Comment period is open through September 12, 2022.
  5. 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. The public is invited to submit written comments on the proposed Part 199 rulemaking from July 13, 2022, through September 19, 2022.
  6. Proposed Part 325 - Glyphosate use on state property - Notice is hereby given that the New York State Department of Environmental Conservation (DEC) filed a Notice of Proposed Rulemaking with the Department of State to amend the State's existing Part 325 pesticide use regulations.
    written comments on the proposed Part 325 rulemaking through August 22, 2022.
  7. Proposed Parts 360-366, 369, 371, 377 - The revisions include technical amendments and clarifications, as well as updated criteria needed due to legal and policy developments. Part 371 addresses the identification and listing of hazardous wastes. Errors in cross-referencing have been corrected in Part 377. The public is invited to submit written comments on the proposed Part 360 rulemaking through August 24, 2022.
  8. 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, regulations, and guidance. Comments on the proposed rule making will be accepted from June 1, 2022 through August 1, 2022.

Proposed Regulations Pending (Public Comment Period Closed)

  1. 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.
  2. Part 1.4 - Amendments to Turkey Hunting Seasons on Long Island and Statewide Shot Size Restrictions - This rulemaking would establish a regular spring turkey hunting season on Long Island with a 1-bird bag limit and would amend the minimum shot size restriction to allow the use of shot sizes as small as #9.
  3. Part 6.1 and 6.2 ECL Sections 11-0301, 11-0303, 11-1101 and 11-1103 Amendments to New York State mink, muskrat, and beaver trapping season dates - This rulemaking is to align existing mink, muskrate and beaver trapping season start dates and adjust the seasons to trapper-preferred dates.
  4. Parts 6.2 and 6.3 - Amendments to Fisher and Marten Trapping Regulations - This rulemaking is necessary to remove the requirement for trappers to obtain a special fisher trapping permit. This proposal would also remove the requirement for trappers to submit marten carcasses while maintaining the requirement for a special pine marten permit. A trapping license and pelt sealing would still be required for both fisher and marten.
  5. Proposed Policy DAR-21: The Climate Leadership and Community Protection Act and Air Permit Applications - This policy document, issued by the New York State Department of Environmental Conservation (DEC) Division of Air Resources, outlines the requirements for analyses developed pursuant to Section 7(2) of the Climate Leadership and Community Protection Act (CLCPA) in support of air pollution control permit applications.
  6. Part 40 - Marine Fisheries - Summer Flounder - This rulemaking adopts less restrictive recreational harvest recreational fishing requirements for summer flounder.
  7. 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.
  8. Parts 151, 153, 170, 174, 182; ECL Sections 11-0535, 11-0535-a, 11-0536, 11-1707, 11-1728, 11-1901, 11-903, 11-1905 and 11-1907 Omnibus changes to 6NYCRR - This rulemaking brings regulations current with statutory changes and to improve application efficiency as part of the Governor's Lean initiative.
  9. 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.
  10. Parts 151, 153, 170, 174, 182; ECL Sections 11-0535, 11-0535-a, 11-0536, 11-1707, 11-1728, 11-1901, 11-903, 11-1905, and 11-1907-Omnibus changes to 6NYCRR - This rulemaking brings regulations current with statutory changes and to improve application efficiency as part of the Governor's Lean initiative.
  11. 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.
  12. Part 182; ECL Sections 3-0301 and 11-0535 - This rulemaking improves the review of projects by removing some project types from the review process that are known not to cause harm and continues to protect threatened and endangered species.
  13. 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.
  14. 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.
  15. 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.
  16. 190.35 Peekamoose Valley Riparian Corridor - The emergency/proposed rulemaking will address overuse and protect public health, safety, general welfare and natural resources on the Peekamoose Valley Riparian Corridor by implementing a permit system from May 15th through September 15th of each year while still providing a quality outdoor experience for users. The Notice of Emergency/Proposed Rulemaking is available in the August 3, 2022 issue of the State Register. Written public comments will be accepted by DEC through October 3, 2022.
  17. Part 375 - Environmental Remediation Programs - This rule-making provides updates to DEC's Environmental Remediation Programs (BCP, SSF, and ERP) and soil clean-up objectives (SCOs).
  18. 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.
  19. Part 596-599 - Chemical Bulk Storage Regulations - Principally intended to harmonize existing State Requirements with federal requirements found in 40 CFS Part 280.
  20. Part 613 - Petroleum Bulk Storage Regulations - Principally aimed at harmonizing existing State requirements with the federal requirements found in 40 CFS Parts 280 and 302. The amendments aim to clarify and better harmonize the PBS and CBS programs.

Emergency Regulatory Actions

  1. Part 40 - Shortin Mako - This rulemaking will prohibit possession of shortfin mako (Isurus oxyrinchus) in New York's recreational and commercial fisheries. This rulemaking must be adopted as soon as possible for New York to remain in compliance with Atlantic States Marine Fisheries Commission (ASMFC) requirements by closing New York waters to shortfin mako harvest. The Emergency Rule went into effect on July 26, 2022, and will remain in effect for 90 days.
  2. Part 40 - Marine Fisheries - Summer Flounder - This rulemaking adopts less restrictive recreational harvest recreational fishing requirements for summer flounder. The Emergency Rule went into effect on April 28, 2022, and was re-adopted on July 25, 2022 and will remain in effect for 60 days.
  3. Part 40 - Marine Fisheries - Black Sea Bass and Scup - This rulemaking adopts new recreational regulations for black sea bass and scup to remain in compliance with the Atlantic States Marine Fisheries Commission (ASMFC) and Mid-Atlantic Fishery Management Council (MAFMC) fishery management plans. The Emergency Rule went into effect on June 21, 2022, and will remain in effect for 90 days.
  4. Part 41 - Sanitary Conditions of Shellfish Lands (2022) - This rulemaking is necessary for the preservation of the public health. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes. The Emergency Rule went into effect on June 21, 2022, and will remain in effect for 90 days.
  5. 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.
  6. 190.35 Peekamoose Valley Riparian Corridor - The emergency/proposed rulemaking will address overuse and protect public health, safety, general welfare and natural resources on the Peekamoose Valley Riparian Corridor by implementing a permit system from May 15th through September 15th of each year while still providing a quality outdoor experience for users.

Recently Adopted Regulations (Previous Twelve Months)

  1. Part 50 - Whelk - Adopted on May 11, 2022. Effective on May 11, 2022. The rule establishes a minimum size limit of five and one-half inches shell length or three inches shell width, requires the use of bait bags, establishes gear marking, buoy line, pot size and daytime hauling requirements and restrict the placement of whelk pots near navigation channels. In addition, the rule clarifies that marine and coastal district food fish and crustacea dealers and shippers license holders must report purchases of marine food fish, crustacea, horseshoe crabs and whelks from harvesters consistent with requirements currently in place in 6 NYCRR Parts 40 and 44.
  2. Part 41 - Sanitary Conditions of Shellfish Lands (2021) - Adopted on April 13, 2022. Effective on December 8, 2021. This rulemaking 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. Shellfish harvested from areas that do not meet the bacteriological standards for certified shellfish lands have an increased potential to cause illness in shellfish consumers. Closing areas that do not meet criteria for certified shellfish lands protects the public health. This regulation will also clarify descriptions for enforcement purposes.
  3. Part 10 - Amendment to Sportfishing Regulations - Adopted on March 23, 2022. Effective March 31, 2022. These proposals would establish more conservative harvest regulations for sunfish and crappie, including an experimental program for larger sunfish.
  4. Parts 10, 19 and 35 - Sportfishing Regulation Simplification and Clean-up - Adopted on March 30, 2022. Effective April 1, 2022. These proposals eliminate unnecessary regulations, provide consistency and align regulations with actual management intent.
  5. Proposed Part 353 - Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction - The rule goes into effect April 14, 2022. New York State Department of Environmental Conservation (DEC) has adopted a new 6 NYCRR Part 353. This rule adds a new Part 353, Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction, to set forth the requirements of Title 30 of Article 27 of the Environmental Conservation Law with respect to the prohibition on expanded polystyrene foam containers and loose fill packaging; financial hardship waiver application process; cost comparison analysis for alternative packaging; definition of the terms "comparable cost" and "undue financial hardship;" and hardship waiver approval, renewal, and revocation criteria.
  6. Proposed Part 368 - Product Stewardship and Product Labeling - Effective on March 10, 2022. The proposed rule repeals and replaces the existing regulations for Recycling Emblems, develops new regulations for mercury-added consumer product labeling and develops new regulations for the existing Electronic Equipment Recycling and Reuse Act (EERRA).
  7. Proposed Part 203 Oil and Natural Gas Sector - Effective March 3, 2022. To support the goals and requirements of the Climate Leadership and Community Protection Act, this proposed rulemaking aims to lower methane and VOC emissions for new and existing sources in NY's oil and natural gas sector. The proposed rulemaking also fulfills the requirements of EPA's 2016 Control Techniques Guidelines for the oil and gas industry.
  8. Adopted Part 218 - Emission Standards for Motor Vehicles and Motor Vehicle Engines - Adopted on December 29, 2021. The Department is proposing amendments to 6 NYCRR Part 218 and 6 NYCRR Section 200.9 to incorporate California's Advanced Clean Truck zero emission vehicle standards for medium- and heavy-duty trucks, as well as large entity reporting requirements for owners and operators of medium- and heavy-duty trucks as part of New York's existing low emission vehicle (LEV) program.
  9. Section 190.10 Onondaga Escarpment Unique Area - Section 190.25 Zoar Valley Multiple Use Area - The Notice of Adoption is available in the December 1, 2021 issue of the State Register. DEC filed a Notice of Adoption to amend section 190.25 by adding subdivisions (r), (s), (t) and (u) and adopting new subdivision (h) to section 190.10 of Title 6 pursuant to Environmental Conservation Law, sections 1-0101,1-0101(3)(b), 3-0301(1)(b), 3-0301(1)(p) 3-0301(2)(m), 9-0105(1), 9-0105(3), 9-0105(19), 45-0117(1) and 45-0117(2)(n), titled Zoar Valley Multiple Use Area Including Zoar Valley Unique Area and Onondaga Escarpment Unique Area.
  10. Part 51 - Adoption of Updated Wildlife Management Area Regulations - Adopted on November 3, 2021. Effective on January 1, 2022. This rulemaking repeals 6 NYCRR Parts 51, 61, 75 and 84 and adopts a new 6 NYCRR Part 51. There has been increased public demand for WMAs as more people seek outdoor recreation and the amendments ensure these natural resources and wildlife are protected.
  11. Part 703.4 - Site-Specific Enterococcus Water Quality Criteria for Class I/SD Waters - Effective October 6, 2021, the adopted rule making adds site-specific criteria, using enterococcus as a fecal indicator bacteria, to select Class I and Class SD waterbodies. Adopted Express Terms and related rulemaking documents (PDF).
  12. Parts 1.11, 1.18, 1.31, 2.1, and 2.15 - Adopted on September 1, 2021. Effective on September 1, 2021. Amendments to Deer and Bear Hunting Regulations - This rulemaking is necessary to increase antlerless harvest in specific Wildlife Management Units where needed, allow big game hunters to hunt during the entire daily period of ambient light, simplify bear hunting regulations in the Adirondacks, and enhance hunter safety while big game hunting with a firearm.
  13. Adopted Part 350 - Food Donation and Food Scraps Recycling - New York State Department of Environmental Conservation (NYSDEC) has adopted Rulemaking 6 NYCRR Part 350. The regulations will implement the requirements outlined in the Food Donation and Food Scraps Recycling Law enacted in 2019. The law takes effect on January 1, 2022 and requires large generators of food scraps to donate excess edible food and recycle all remaining food scraps if they are located within 25 miles of an organics recycler.
  14. Part 326.2 - Restricted pesticides - Effective July 31, 2021. The proposed regulation will add chlorpyrifos to the section 326.2(c) list of pesticide active ingredients that are no longer allowed to be distributed, sold, purchased, possessed, or used for any purpose. The Notice of Adoption is available in the July 21, 2021 issue of the State Register.
  15. Part 10, Part 19 & Part 40 - Striped Bass Circle Hooks Revision - Adopted on July 14, 2021. Effective on April 21, 2021. The rule would require the use of circle hooks while recreationally fishing for striped bass when using bait.

More about Proposed, Emergency, and Recently Adopted Regulations:

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