How to Collect & Cure Oyster Shell:
Rules & Regulations
Shell collection & curing in New York State is regulated in part by the Department of Environmental Conservation (DEC).
Below are policies, regulations, and permits that apply to organizations looking to collect and cure oyster shells for restoration. This is not a comprehensive list. Please check with your DEC regional manager for a full list of policies and regulations that may apply to your organization.
Collection
Shell Collection in New York State must abide by:
Best Practice Overview
All organizations storing shell for restoration use must obtain a BUD (Beneficial Use Determination - see below).
Local shell obtained from shellstock native to New York is preferred, but not required.
Fossilized shell may be obtained from an out-of-state source provided that it has been air cured for at least six months.
Shell collected from an in or out-of-state source may require testing for parasites, pests, and other associated pathogens prior to introduction and will be subject to at least 6 months of air curing.
Required Permit Applications
BUD (Beneficial Use Determination) Permit as stipulated in 6 NYCRR Part 360.12, which includes:
Petition (first time BUD application)
Annual Report
Renewal (every 5 years)
Curing
Shell Curing in New York State must abide by:
Best Practice Overview
Air curing usually takes place for a MINIMUM of 6 months
Shell piles cannot exceed 3 feet high
Shells must be subject to periodic turnover and rotation to allow all sections of the shell pile to be exposed to the air
Shells must be cured during the warm weather months (May through September)
All shell, regardless of origin, must be devoid of any tissue material, sediment, fouling organisms, or any other material on the shell prior to introduction.
State representatives may inspect shell to make sure it's acceptable to use in New York waters.
Permits to Consider
Tidal Wetlands Permit (needed if curing on a tidal wetland or adjacent areas): Required for activities taking place on tidal wetlands which extend to a maximum depth of 6 feet at Mean Low Water.
