New York rulebook
The environmental and land-use rules New York projects meet, with status and the official citation. Federal rules that reach New York projects are included and marked Federal. Subscribers see who each rule covers, what it requires, how long it takes, the penalties and every date ahead.
Air, energy and climate
Air permits for generators and combustion sources
Medium impact
Requires an air registration, state facility permit or Title V permit for stationary combustion sources such as generators and boilers, with extra NOx limits for non-emergency generators in the New York City area.
ECL Article 19; 6 NYCRR Parts 201, 222, 227 · NYS DEC · checked Oct 4, 2026
Area designations under the 2024 annual fine-particle (PM2.5) standard
High impactFederalProposed
EPA is deciding which areas fail the 2024 annual PM2.5 standard of 9.0 micrograms per cubic meter. Final designations are due by February 6, 2027 under a court order. Pennsylvania recommended nonattainment for eight counties; EPA's letter to New Jersey names four South Jersey counties in the multi-state Philadelphia area. EPA told New York and Connecticut they have no affected monitors.
Clean Air Act § 107(d), 42 U.S.C. 7407(d); 91 Fed. Reg. 63516 (Oct. 6, 2026); Docket EPA-HQ-OAR-2024-0078 · US EPA · checked Oct 7, 2026
Battery energy storage fire safety code
Medium impact
The 2025 NYS Fire Code sets safety rules for stationary battery storage above set sizes, including building and operating permits, peer review for larger systems, 24/7 monitoring and emergency response planning.
Executive Law Art. 18; 19 NYCRR Parts 1219-1229 · NYS DOS Code Council; local code officials; FDNY · checked Oct 4, 2026
Federal tax credit deadlines for wind and solar projects
High impactFederal
Under the 2025 budget law, wind and solar projects lose the clean electricity credits unless construction began by July 4, 2026 or they are placed in service by December 31, 2027. A federal court vacated the IRS notice limiting how construction can be shown (June 6, 2026), restoring the 5% safe harbor for now.
26 U.S.C. 45Y, 48E as amended by P.L. 119-21 · US Treasury and IRS · checked Oct 6, 2026
Mandatory greenhouse gas reporting
Low impact
Large greenhouse gas emitters, fuel suppliers and electricity importers must monitor and report emissions to DEC each year, with third-party verification for the largest. Reports on 2026 emissions are now due 31 Dec 2027.
ECL Article 75; 6 NYCRR Part 253 · NYS DEC · checked Oct 4, 2026
NYC all-electric new buildings (Local Law 154)
Medium impact
Bars onsite burning of gas, oil and similar fuels in new NYC buildings, phased in by height and filing date. It is separate from the state all-electric law, whose enforcement is suspended.
Local Law 154 of 2021; Admin. Code 24-177.1 · NYC Department of Buildings · checked Oct 6, 2026
NYC building emissions limits (Local Law 97)
Medium impact
Caps greenhouse gas emissions from NYC buildings over 25,000 square feet, with annual certified reports and per-ton penalties for exceeding the limit. Limits get stricter from 2030.
NYC Admin. Code 28-320 (Local Law 97 of 2019) · NYC Department of Buildings · checked Oct 4, 2026
NYC solar and green roof requirement
Medium impact
New buildings, enlargements and full roof replacements in New York City must cover the whole available roof (the sustainable roofing zone) with solar panels, a green roof or both.
Local Laws 92 and 94 of 2019; NYC Building Code 1512 · NYC Department of Buildings · checked Oct 5, 2026
Pause on DEC permits for large data centres
High impact
Pauses DEC discretionary permits to build or expand data centres of 50 MW or more while DPS prepares a generic environmental impact statement, and orders community investment and grid studies.
Executive Order No. 62 (2026) · Governor; DEC; DPS; ESD · checked Oct 6, 2026
Refrigerant limits for new cooling systems
Low impact
Phases out high global warming potential refrigerants in new cooling and refrigeration systems by end use and date, and sets leak, record and reporting duties for equipment holding 50 pounds or more.
6 NYCRR Part 494 · NYS DEC · checked Oct 4, 2026
Renewable energy and transmission siting permit
High impact
A single state siting permit for renewable projects of 25 MW or more and large transmission lines, replacing most local and state permits and SEQR review.
PSL Article VIII; 16 NYCRR Parts 1100-1102 · ORES (Department of Public Service) · checked Oct 6, 2026
Siting Board certificate for non-renewable power plants
High impact
Non-renewable power plants of 25 MW or more need a state Siting Board certificate before site work starts, issued in one proceeding that replaces most separate state and local permits.
Public Service Law Article 10 · NYS Siting Board (DPS) · checked Oct 4, 2026
State all-electric new buildings law
Medium impactChanges pending
Bans fossil-fuel equipment in most new buildings, phased by height and size. Enforcement remains suspended by court-approved agreement even though the Second Circuit upheld the law.
Energy Law 11-104(6); Executive Law 378(19) · NYS Department of State; local code officials · checked Oct 6, 2026
Utility interconnection for projects up to 5 MW
Medium impact
Sets the steps, deadlines and cost rules for connecting new generators and energy storage of 5 MW or less to a utility distribution system, running in parallel with the grid.
PSC Standardized Interconnection Requirements · NYS PSC / DPS; utilities · checked Oct 4, 2026
Building operations
Asbestos notice before demolition and renovation
Medium impactFederal
Before demolishing a commercial, industrial or multifamily building, and before renovations disturbing more than set amounts of regulated asbestos, the owner or operator must inspect for asbestos and notify the delegated state agency or EPA at least 10 working days in advance.
40 CFR 61.145 · US EPA, with delegated state agencies · checked Oct 6, 2026
Cooling tower Legionella rules
Low impactChanges pending
Requires owners of cooling towers to register, maintain, inspect, test and certify them to prevent Legionnaires' disease outbreaks, with stricter rules in New York City.
10 NYCRR Subpart 4-1; 24 RCNY Ch. 8; NYC Admin Code 28-317.5 · NYS DOH; NYC DOHMH and Department of Buildings · checked Oct 4, 2026
Lead-safe renovation of pre-1978 housing and child-occupied buildings
Low impactFederal
Renovation, repair and painting that disturbs more than 6 square feet inside or 20 square feet outside in housing or child-occupied facilities built before 1978 must be done by EPA-certified firms using lead-safe work practices, with pre-renovation notice to occupants.
40 CFR Part 745, Subpart E · US EPA · checked Oct 6, 2026
NYC energy code filing rule update (proposed)
Medium impactProposed
NYC Buildings proposes to update 1 RCNY 5000-01 for the 2025 NYC Energy Conservation Code (Local Law 47 of 2026). It would add a TSPR path for HVAC, detailed thermal bridge documentation, energy modeler qualifications, an air leakage testing statement for all buildings, and a Historic Building Report in place of the blanket historic exemption.
1 RCNY 5000-01 and 101-07 (proposed amendments) · NYC Department of Buildings · checked Oct 6, 2026
Cleanup and contamination
Brownfield Cleanup Program and tax credits
Medium impact
Offers liability protection and tax credits to parties that clean up contaminated sites under a DEC agreement. Credit size depends on cleanup level, intended use and location.
ECL Article 27, Title 14; Tax Law 21 · NYS DEC; Dept of Taxation and Finance · checked Oct 4, 2026
Chemical bulk storage tank registration
Low impact
Sites storing a listed hazardous substance in an aboveground tank of 185 gallons or more, any underground tank, or 1,000 kg or more in containers for 90 days must register with DEC every two years and meet tank standards.
ECL art. 40; 6 NYCRR Parts 597–598 · NYSDEC · checked Oct 5, 2026
Contaminated site cleanup rules and soil standards
High impact
Sets how contaminated sites in DEC's three cleanup programs are investigated and remediated, and the soil cleanup objectives for each intended use.
ECL Article 27; 6 NYCRR Part 375 · NYS DEC · checked Oct 4, 2026
Excavated soil and fill reuse rules
Medium impact
DEC's solid waste rules treat soil and rock dug up during construction as C&D debris unless reused as one of five fill types, which set testing, notice and where the fill may go.
6 NYCRR 360.12, 360.13, 361-5; ECL 71-2703 · NYSDEC; NYC OER · checked Oct 5, 2026
Landfill leachate treatment rule (proposed)
High impactProposed
DEC proposes new Subpart 363-12 and Part 360 changes that would require active municipal solid waste landfills and C&D debris landfills with leachate collection to treat leachate to remove contaminants (a 99.9% removal standard) before sending it to a wastewater plant or other authorized discharge. Planning, permit and transition deadlines would run from the effective date.
6 NYCRR Parts 360 and 363, new Subpart 363-12 (proposed; ENV-26-26-00002-P) · NYS DEC · checked Oct 6, 2026
New York City (E) designations for hazardous materials, air and noise
High impact
When a rezoning places an (E) designation or restrictive declaration on a lot, the owner must satisfy the Mayor's Office of Environmental Remediation on hazardous materials, air quality or noise before the Buildings Department issues permits, and again before a certificate of occupancy.
NYC Zoning Resolution § 11-15; 43 RCNY § 43-1474 (formerly 15 RCNY Chapter 24) · NYC Office of Environmental Remediation; NYC Department of Buildings · checked Oct 6, 2026
Oil spill prevention plans for fuel storage (SPCC)
Low impactFederal
Facilities with more than 1,320 gallons of aboveground oil storage (counting containers of 55 gallons or more), or 42,000 gallons underground, that could reach waters must prepare and follow a Spill Prevention, Control and Countermeasure plan.
40 CFR Part 112 · US EPA · checked Oct 6, 2026
Petroleum bulk storage tank registration
Low impact
Properties whose petroleum tanks total over 1,100 gallons, or with an underground tank over 110 gallons, must register with DEC every five years and meet tank design, inspection, closure and spill-reporting rules.
ECL 17-1001 et seq.; 6 NYCRR Part 613 · NYSDEC; delegated counties · checked Oct 5, 2026
PFAS limits in drinking water
Low impactChanges pending
Sets maximum PFAS levels for public water systems: 10 ppt each for PFOA and PFOS. A bill passed in 2026 would cut these to 4 ppt and add three more PFAS.
10 NYCRR Subpart 5-1; S3207B/A8634B · NYS Department of Health · checked Oct 4, 2026
PFOA and PFOS as federal hazardous substances
High impactFederal
Since July 8, 2024, PFOA and PFOS are CERCLA hazardous substances: releases of a pound or more in 24 hours must be reported, and owners can face federal cleanup liability. EPA kept the designation (September 2025) and the D.C. Circuit upheld it on August 18, 2026.
40 CFR 302.4; 89 FR 39124 · US EPA · checked Oct 6, 2026
Superfund liability and the buyer’s defence (All Appropriate Inquiries)
High impactFederal
Owners of contaminated property can be liable for federal cleanup costs. A buyer can protect itself as a bona fide prospective purchaser by completing All Appropriate Inquiries (a Phase I to ASTM E1527-21) before acquisition and meeting continuing obligations afterwards.
42 U.S.C. 9601(40), 9607(r); 40 CFR Part 312 · US EPA · checked Oct 6, 2026
Environmental review and justice
City Environmental Quality Review (CEQR)
High impact
New York City's version of state SEQR review. A city agency must assess environmental impacts before it approves, funds or carries out a discretionary action, such as a rezoning, special permit or variance.
Exec. Order 91 of 1977; 62 RCNY ch. 5; 43 RCNY ch. 6 · Lead city agency; Mayor's Office of Environmental Coordination · checked Oct 6, 2026
DEC permit procedures and deadlines
Low impact
Sets the common process and decision deadlines for individual DEC permits in listed programs, from completeness review through public notice to final decision.
ECL Article 70; 6 NYCRR Part 621 · NYS DEC · checked Oct 4, 2026
Environmental justice siting law
High impact
Limits DEC permits for projects that would add to a disproportionate pollution burden on a disadvantaged community, and can require a report on existing burdens.
ECL 70-0118; 6 NYCRR Parts 617 and 621 · NYS DEC · checked Oct 4, 2026
Federal endangered species review, including tree-clearing limits for bats
High impactFederal
Projects with a federal permit or funding need Fish and Wildlife Service consultation where listed species may be affected, and no project may “take” a listed species. The northern long-eared bat (endangered since March 31, 2023) limits tree clearing across all four states; the tricolored bat is proposed for listing.
16 U.S.C. 1536, 1538, 1539; 50 CFR Parts 17 and 402 · US Fish and Wildlife Service · checked Oct 6, 2026
Federal environmental review (NEPA)
High impactFederal
A federal permit, licence or funding decision triggers review under NEPA. CEQ’s regulations were removed (final January 8, 2026), so each agency now follows its own procedures, and the statute sets page limits and deadlines: one year for an environmental assessment and two years for an impact statement.
42 U.S.C. 4321 et seq.; 42 U.S.C. 4336a · Each federal agency; Council on Environmental Quality (guidance) · checked Oct 6, 2026
Historic preservation review for federal permits and funding (Section 106)
Medium impactFederal
Before a federal permit, licence or funding decision, the agency must consider effects on historic properties and consult the State Historic Preservation Office. The Advisory Council voted on July 24, 2026 to propose a major overhaul; the proposal is not yet published.
54 U.S.C. 306108; 36 CFR Part 800 · Advisory Council on Historic Preservation; State Historic Preservation Offices · checked Oct 6, 2026
State endangered and threatened species
Medium impactChanges pending
Prohibits taking state-listed endangered or threatened animals, including harmful changes to their occupied habitat, unless DEC issues an incidental take permit requiring a net conservation benefit.
ECL 11-0535; 6 NYCRR Part 182 · NYS DEC · checked Oct 4, 2026
State environmental quality review (SEQR)
High impact
Requires state and local agencies to weigh environmental impacts before they approve, fund or carry out a discretionary action, using an assessment form and, for significant impacts, an environmental impact statement.
ECL Article 8; 6 NYCRR Part 617 · Lead agency; DEC administers the rules · checked Oct 4, 2026
State historic preservation review
Medium impact
State agencies must consult the State Historic Preservation Office (SHPO) before building, funding, permitting or approving projects that may affect historic or archaeological properties listed on, or eligible for, the State or National Register.
PRHPL 14.09 · NYS OPRHP (SHPO) · checked Oct 4, 2026
Flooding and the coast
Climate risk review and sea-level rise
Medium impact
Requires applicants for major DEC-permitted projects, oil and gas wells and some state funding to show they considered future sea-level rise, storm surge and flooding.
ECL 70-0117(9); 6 NYCRR Part 490 · NYS DEC · checked Oct 4, 2026
Coastal consistency review
Medium impact
New York's coastal management law. Federal permits and state agency actions in or affecting the coastal area must be consistent with state coastal policies and any approved local waterfront program.
Executive Law Article 42; 19 NYCRR Part 600 · NYS Department of State; local waterfront programs · checked Oct 4, 2026
Coastal consistency review of federal permits
Medium impactFederal
In a state’s coastal zone, an applicant for a federal permit must certify that the project is consistent with the state’s coastal management program, and the state can object. NJ, NY, CT and PA (Delaware Estuary and Lake Erie) all have approved programs.
16 U.S.C. 1456(c); 15 CFR Part 930 · NOAA; state coastal programs (NJDEP, NY DOS, CT DEEP, PA DEP) · checked Oct 6, 2026
Coastal erosion hazard area permit
High impact
Restricts building, grading and erosion-protection works in mapped coastal erosion hazard areas on the Great Lakes and marine coasts, through a permit from DEC or a certified municipality.
ECL Article 34; 6 NYCRR Part 505 · NYS DEC or certified local government · checked Oct 4, 2026
Federal flood map and floodplain building rules (NFIP)
High impactFederal
Towns in the National Flood Insurance Program must permit development in mapped flood zones and require new and substantially improved buildings to be elevated or floodproofed to the base flood elevation. A preliminary map change opens a 90-day appeal period.
42 U.S.C. 4001 et seq.; 44 CFR 59.1, 60.3; 44 CFR Part 67 · FEMA; municipal floodplain administrators · checked Oct 6, 2026
Work in navigable waters: piers, bulkheads and dredging (Section 10)
Medium impactFederal
Building structures in, over or under navigable waters, or dredging them, needs an Army Corps permit under Section 10 of the Rivers and Harbors Act, often together with a Section 404 permit.
33 U.S.C. 403; 33 CFR Part 322 · US Army Corps of Engineers · checked Oct 6, 2026
Land use and housing
2026 SEQR exemptions for housing
Low impact
Exempts qualifying housing on previously developed sites, and some park, school and water projects, from SEQR review, and sets outside time limits for review of other actions.
ECL 8-0105, 8-0111 (L. 2026, S9008-C Part R) · Lead agencies; DEC guidance · checked Oct 4, 2026
Adirondack Park Agency permits
High impact
Requires an Adirondack Park Agency permit for private projects in the Park above size thresholds that depend on the land use area. APA also permits wetland development there, and shoreline setbacks apply.
Executive Law Article 27 (APA Act) · Adirondack Park Agency · checked Oct 4, 2026
Central Pine Barrens review (Long Island)
High impact
Protects the Long Island Central Pine Barrens by largely barring development in the Core Preservation Area and applying plan standards to development in the surrounding Compatible Growth Area.
ECL Article 57 · Central Pine Barrens Commission · checked Oct 4, 2026
Deadlines to challenge land-use and permit decisions
High impact
Sets short deadlines for court challenges to zoning, planning, SEQR and permit decisions: 30 days for local board decisions, four months for most others. Once the window closes, the decision is generally safe.
CPLR 217(1); Town Law 267-c, 274-a; ECL Article 8 · NYS courts · checked Oct 4, 2026
FAA notice for tall structures and cranes
Medium impactFederal
Structures and construction cranes over 200 feet, or lower near airports, need notice to the FAA at least 45 days before construction starts. The FAA decides whether the structure is a hazard and may require marking and lighting.
49 U.S.C. 44718; 14 CFR Part 77 · Federal Aviation Administration · checked Oct 6, 2026
HUD environmental review and flood standard for assisted housing
Medium impactFederalChanges pending
Housing using HUD funds needs an environmental review before funds are committed, and new or substantially improved HUD-assisted buildings must meet the Federal Flood Risk Management Standard adopted in 2024. HUD proposed on July 10, 2026 to rescind that standard; comments closed September 8, 2026.
24 CFR Parts 50, 55 and 58 · US Department of Housing and Urban Development · checked Oct 6, 2026
Notice of intent for projects in agricultural districts
Medium impact
Public agencies, public benefit corporations and publicly funded projects that would take more than one acre from an active farm, or more than 10 acres in total, inside a state agricultural district must file a notice of intent with the Department of Agriculture and Markets at least 65 days before acting. The project cannot proceed until review ends.
N.Y. Agriculture and Markets Law § 305(4) · NYS Department of Agriculture and Markets · checked Oct 6, 2026
NYC affordable housing fast-track procedures
Low impactChanges pending
2025 City Charter changes give affordable and modest housing faster land-use paths that skip City Council review: a BSA zoning-relief process, a 90-day expedited review, and an appeals board that can reverse Council denials.
NYC Charter 197-f, 666-a (2025 amendments) · NYC BSA; City Planning Commission · checked Oct 6, 2026
Uniform Land Use Review Procedure (ULURP)
High impact
New York City's standard public review for major land use actions, such as rezonings, special permits and city property deals: community board, borough president, City Planning Commission and, for many actions, City Council review, about seven months in all.
NYC Charter 197-c, 197-d, 200 · Dept. of City Planning; City Planning Commission; City Council · checked Oct 6, 2026
Wetlands and water
Army Corps nationwide permits (2026 set)
Medium impactFederal
Fifty-seven general permits cover common activities with limited impacts, such as residential and commercial development, utility lines and land-based renewable energy, without an individual permit. Each district adds regional conditions. The 2026 set took effect March 15, 2026 and expires March 15, 2031.
91 FR 768 (January 8, 2026); 33 CFR Part 330 · US Army Corps of Engineers · checked Oct 6, 2026
Construction stormwater general permit
Low impact
Requires construction sites disturbing 1 acre or more, or less in sensitive areas, to control erosion and stormwater runoff under a DEC general permit.
ECL Article 17; SPDES GP-0-25-001 · NYS DEC; MS4 operators; NYC DEP · checked Oct 4, 2026
Delaware River Basin Commission project review
Medium impactChanges pending
Projects in New York's part of the Delaware River Basin that substantially affect its water, mainly large withdrawals and wastewater discharges, need Delaware River Basin Commission approval (a docket) on top of state permits.
Del. River Basin Compact §3.8; 18 CFR 401, 410 · DRBC; NYSDEC · checked Oct 7, 2026
Federal permits to fill wetlands and waters (Section 404)
High impactFederal
Placing fill or dredged material in federally regulated waters or wetlands needs an Army Corps permit: a nationwide or regional general permit for smaller impacts, or an individual permit with public notice, alternatives analysis and mitigation for larger ones.
33 U.S.C. 1344; 33 CFR Parts 320–332; 40 CFR Part 230 · US Army Corps of Engineers (New York, Philadelphia, New England, Baltimore and Pittsburgh Districts) · checked Oct 6, 2026
Newtown Creek reclassification (proposed)
Medium impactProposed
DEC proposes to reclassify Newtown Creek (Brooklyn/Queens) from Class SD to Class I, which would protect boating and fishing uses and aquatic life and add year-round Enterococci standards. If adopted, SPDES discharges to the creek would have to meet the stricter standards when their permits are renewed or first issued.
6 NYCRR Part 890 (proposed; ENV-37-26-00006-P) · NYS DEC · checked Oct 6, 2026
NYC Unified Stormwater Rule
Medium impact
NYC DEP's citywide stormwater rule. Development that disturbs 20,000 sq ft or more of soil, or adds 5,000 sq ft or more of impervious surface, needs DEP stormwater permits and must retain runoff on site first.
15 RCNY ch. 19.1 and ch. 31 (eff. 15 Feb 2022; amended 2024) · NYC Department of Environmental Protection · checked Oct 5, 2026
State freshwater wetlands permit
High impactChanges pending
Protects larger or important freshwater wetlands and the 100 feet around them. Draining, filling, dredging, building or other harmful work there needs a DEC permit.
ECL Article 24; 6 NYCRR Parts 662-665 · NYS DEC (APA inside the Adirondack Park) · checked Oct 6, 2026
State water quality certification of federal permits (Section 401)
Medium impactFederalChanges pending
A federal permit that may cause a discharge to waters needs the state’s water quality certification, which can add conditions or be denied. The 2023 federal rule governs; EPA proposed on January 15, 2026 to narrow state review to point-source discharges, and the final rule has cleared White House review but is not yet published.
33 U.S.C. 1341; 40 CFR Part 121 · US EPA; NJDEP, NYSDEC, CT DEEP and PA DEP certify · checked Oct 7, 2026
Stream, waterbody and dock permits
Medium impact
New York's stream and waterbody permit program. A DEC permit is needed to disturb protected streams, fill navigable waters or adjoining marshes, or build larger docks, moorings and dams.
ECL Article 15, Title 5; 6 NYCRR Part 608 · NYS DEC · checked Oct 4, 2026
Tidal wetlands permit
High impact
Protects mapped tidal wetlands and the land up to 300 feet inland of them. Almost any building, filling, dredging or clearing there needs a DEC permit meeting development restrictions.
ECL Article 25; 6 NYCRR Part 661 · NYS DEC · checked Oct 4, 2026
Wastewater and industrial stormwater discharge permits
Medium impact
Requires a SPDES permit for any pipe or channel discharge of wastewater to surface water or groundwater, and stormwater coverage for listed industrial activities, through individual or general permits.
ECL Article 17; 6 NYCRR Parts 750-758 · NYS DEC · checked Oct 6, 2026
Water withdrawal permit and reporting
Medium impact
Requires a DEC permit for water withdrawal systems able to take 100,000 gallons a day or more, judged by pumping capacity rather than actual use, plus yearly reporting.
ECL Article 15, Title 15; 6 NYCRR Part 601 · NYS DEC · checked Oct 4, 2026
Which waters and wetlands are federally regulated (WOTUS)
High impactFederalChanges pending
Federal permits under the Clean Water Act apply only to “waters of the United States.” In NJ, NY, CT and PA the agencies apply the January 2023 definition as amended after the Supreme Court’s Sackett decision. A narrower definition is proposed; comments on the latest supplement close October 9, 2026.
33 U.S.C. 1362(7); 33 CFR 328.3; 40 CFR 120.2 · US EPA and US Army Corps of Engineers · checked Oct 9, 2026