N.Y. Laws » CHAPTER Public Health / ARTICLE Public Water Supplies; Sewerage and Sewage Control / TITLE Potable Waters
New York Consolidated Laws

N.Y. Public Health Law § 1100 (2026)

Rules and regulations of the department

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 1100. Rules and regulations of the department.  1. The department
may make rules and regulations for the protection from contamination of
any or all public supplies of potable waters and water supplies of the
state or United States, institutions, parks, reservations or posts and
their sources within the state, and the commissioner of environmental
protection of the city of New York and the board of water supply of the
city of New York may make such rules and regulations subject to the
approval of the department for the protection from contamination of any
or all public supplies of potable waters and their sources within the
state where the same constitute a part of the source of the public water
supply of said city.
  2. Every such rule or regulation shall be published at least once in
each week for two consecutive weeks, in at least one newspaper of the
county where the waters to which it relates are located. The cost of
such publication shall be paid by the corporation, municipality, state
or United States or state or United States institution, park,
reservation or post benefited by the protection of the water supply to
which the rule or regulation published relates.
  3. The affidavit of the printer, publisher or proprietor of the
newspaper in which such rule or regulation is published shall be filed,
together with the rule or regulation published, in the county clerk's
office of such county, and such affidavit and rule and regulation shall
be conclusive evidence of such publication, and of all the facts therein
stated in all courts and places.
  4. All rules and regulations heretofore duly made and published for
the sanitary protection of public water supplies, pursuant to chapter
five hundred forty-three of the laws of eighteen hundred eighty-five,
and chapter six hundred sixty-one of the laws of eighteen hundred
ninety-three, as amended, are hereby legalized, ratified, confirmed and
continued in force, until new rules and regulations become operative.
  5. This section shall not be construed to repeal or affect any of the
provisions of chapter three hundred seventy-eight of the laws of
eighteen hundred ninety-seven, or its amendments.
Notes of Decisions
Cited in 7 cases, 1992–2010 · leading case: Bethpage Water Dist. v. Daines, 67 A.D.3d 1088 (N.Y. App. Div. 3d Dep't 2009).
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Bethpage Water Dist. v. Daines, 67 A.D.3d 1088 (N.Y. App. Div. 3d Dep't 2009). · cites it 7× “Turning to petitioner’s claim against NCDH, we are unpersuaded that NCDH’s regulation of chlorination waivers is preempted by Public Health Law § 1100. Preemption occurs “in cases of express conflict between local and [s]tate law and in cases where the [s]tate has evidenced its…”
People v. Van Buren, 830 N.E.2d 1130 (N.Y. 2005). · cites it 2× “Aside from the relevant provisions of the Criminal Procedure Law, the DEP Commissioner is statutorily empowered to protect New York City's potable water supply throughout the region of the watershed ( see Public Health Law § 1100 et seq. ), an authority that is similarly…”
Town of Hunter v. City of New York, 46 A.D.3d 1197 (N.Y. App. Div. 3d Dep't 2007). · cites it 2× “Supreme Court determined that, because the subject rules were promulgated without prior approval by the Department of Health as required by Public Health Law § 1100 (1), petitioner was entitled to relief pursuant to CPLR article 78.”
Eagles Landing, LLC v. New York City Dep't of Env't Prot., 75 A.D.3d 935 (N.Y. App. Div. 3d Dep't 2010). · cites it 2× “NYCDEP is empowered by the Public Health Law to adopt—subject to approval by the New York State Department of Health (hereinafter DOH)—rules and regulations to protect its water supply, and to enforce those regulations (see Public Health Law § 1100 [1]; § 1102; see also 10 NYCRR…”
City of New York v. Mancini-Ciolo, Inc., 188 A.D.2d 633 (N.Y. App. Div. 2d Dep't 1992). · cites it 2× “Contrary to the defendants’ contention, the City’s action was not brought to seek review of a planning board determination but, rather, was brought pursuant to its independent authority to enforce Public Health Law § 1100 et seq. and the relevant implementing regulations.”
Putnam Cnty. Nat'l Bank v. City of New York, 37 A.D.3d 575 (N.Y. App. Div. 2d Dep't 2007). “However, the New York City Department of Environmental Protection (hereinafter the DEP), acting pursuant to Public Health Law § 1100 (1), adopted comprehensive regulations, known as the Watershed Regulations, effective April 1997 (10 NYCRR part 128; Rules of City of NY Dept of…”
Ryder v. City of New York, 32 A.D.3d 836 (N.Y. App. Div. 2d Dep't 2006). “It includes provisions authorizing the City, subject to state approval, to adopt regulations for the protection of the quality of its water supply and to enforce compliance with those regulations (see Public Health Law § 1100 [1]; § 1102 [3]; City of New York v Mancini-Ciolo,…”
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