New York Property Transfer regulations & environmental compliance analysis

New York Property Transfer: What you need to know

Governing Law and Regulations

Property transfer rules for hazardous waste treatment, storage, and disposal facility (TSDF): 6 New York Codes, Rules, and Regulations (NYCRR) 373-2.7

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Landfills: 6 NYCRR 360-2.15

Flood management: 6 NYCRR 502.6

Regulatory Agencies

New York Department of Environmental Conservation (DEC) Office of Air and Waste Management Division of Solid and Hazardous Mater

Local Zoning Authority/County Clerks Office

U.S. Environmental Protection Agency (EPA) Region 2

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

Rules. New York does not have a state-specific property transfer law. The state does require TSDF and solid waste landfill owners to disclose certain information about the facility when it is closed. New York also has regulatory requirements for the sale of state-owned property that is used to mitigate flooding.

Administration and enforcement. DEC administers and enforces the TSDF property transfer notice rules and transfer rules for landfills and state-owned property used for flood management.

State Requirements

OVERVIEW

Any site that has an environmental permit will typically require agency notification indicating that an ownership change is anticipated with a certification that all existing permit requirements will be met by the future owner. This can often be completed by submitting a permit transfer form, but some sites may require a new permit application depending on their status.

A change of stock, title, and real estate ownership are all considered a transfer subject to agency notification.

ASSOCIATED SECTIONS

For more information on contaminated sites, see the state ...


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New York Property Transfer Resources

Type Title
Forms Well Disclosure Certificate
See all Property Transfer Resources