Upcoming Regulatory Changes to NYS Water Withdrawal Permitting Program

The New York State Department of Environmental Conservation (NYSDEC) has released a Notice of Adoption (NOA) regarding revisions to 6 New York Codes, Rules, and Regulations (NYCRR) Parts 601 and 602. According to the NYSDEC, the adopted rule making aims to improve regulation clarity, consistency, and efficiency. The rule will become effective on November 14, 2025.

Background

6 NYCRR are the regulations by which the NYSDEC governs. Part 601 relates to water withdrawal permitting, reporting, and registration for all of NYS, while Part 602 relates specifically to applications for Long Island wells.

The goals of these programs are to protect the water resources of NYS and regulate their use, and in turn make sure that the water resources are conserved for both present and future needs. This is especially important for groundwater usage on Long Island, as the vast majority of its residents rely on water withdrawn from its sole source aquifer for daily usage.

Part 601 requires permitting for operators of water withdrawal systems in NYS with volumes of greater than 100,000 gallons per day (gpd), while Part 602 is much stricter and requires permitting for operators of water withdrawal systems on Long Island with volumes of greater than 64,800 gpd. It should be noted that Kings and Queens counties are included with Nassau and Suffolk counties, collectively referred to as “Long Island.”

Summary of Revisions

The revisions to Parts 601 and 602 include the following:

• Definitions added for the following terms: capacity, closed loop, farm, geothermal system, registration (agricultural), and standing column.
• Language added to clarify annual water withdrawal reporting requirements.
• Clarification added that a water withdrawal permit is required for the relocation of permanent surface water intake structures.
• Clarification added for water withdrawal permit exemptions, including agricultural withdrawals, withdrawals from saline water, and withdrawals at remediation sites.
• Revisions to the water withdrawal permit modification/renewal process.
• Revisions to water withdrawal monitoring requirements relating to water level measurements and pumping volume, including potential approval of alternate methods by the department.
• Clarification that water withdrawal systems that are between the 64,800 gpd and 100,000 gpd volume thresholds must obtain a Part 602 Long Island well permit.
• Revisions that no longer exempt water withdrawal for agricultural purposes on Long Island from requiring a permit.
• Elimination of need for Long Island well permit applicants to submit a water analysis.

These revisions aim to provide clarification to the water withdrawal permitting process in NYS, and allow for regulators to more efficiently process applications and communicate with the public regarding these processes.

How Walden Can Help

If you have a project that fits the above criteria, Walden’s team of experts in water quality management and regulatory program compliance can help you navigate the NYS Water Withdrawal Permitting Program and the NYCRR Part 601 and 602 water withdrawal permitting application process and requirements.  Contact us today at 516-980-5508 to speak with a consultant.