Is crypto mining legal in New York?
Crypto mining is legal in New York. The 2022 moratorium on fossil-fuel mining permits expired in November 2024, but air permits and climate law still apply.
Crypto mining in New York is legal as of November 2026. The state never banned mining outright. Its 2022 law paused permits only for fossil-fuel power plants that host proof-of-work mining, and that pause has ended. What still shapes mining in New York is air permitting under the state's climate law and proposals to tax miners' electricity.
Is bitcoin mining legal in New York?
Yes. Running mining hardware is lawful, and mining powered from the grid or from renewables was never covered by the moratorium. The national picture, including Texas rules and federal tax, is in is crypto mining legal in the US. If you also buy or sell crypto in the state, what crypto apps are available in New York covers the licensing side.
Has the New York crypto mining moratorium ended?
Yes. The law, Chapter 628 of the Laws of 2022, paused new and renewed air permits for fossil-fuel plants that host proof-of-work mining for two years. Earthjustice, which supported it, noted that it expired on November 22, 2024. The law also told the Department of Environmental Conservation (DEC) to study mining's environmental impact.
That study arrived late. On May 28, 2025 the DEC published a draft generic environmental impact statement on proof-of-work mining and took written comments until September 25, 2025. It was prepared under the moratorium law with the Department of Public Service.
Is crypto mining illegal in NY for fossil-fuel plants?
Not illegal, but tightly permitted. The best-known case is Greenidge Generation, a power plant in Dresden, New York, that hosts bitcoin mining. State officials denied its air permit renewal in 2022, and litigation followed. On November 7, 2025 the DEC and Greenidge settled, The Block reported. The new five-year permit requires a 44% cut in permitted greenhouse gas output and a 25% cut in actual emissions by the end of the decade, and regulators said it brings the plant into line with the state's climate law. Spectrum News reported that a permit modification still faces public review.
So a gas-fired mine can operate in New York, but only with a permit regulators accept as consistent with the Climate Leadership and Community Protection Act.
Will New York tax crypto mining?
Possibly. Senate bill S8518, introduced in October 2025, and its Assembly companion A9138 would impose an excise tax on electricity used for proof-of-work mining. Rates would rise from zero for the first 2.25 million kWh a year to 5 cents per kWh above 20 million kWh, starting with tax years from January 1, 2027. Off-grid renewable sites would be exempt, and revenue would fund energy bill help for low-income households. Both bills were referred to committee on January 7, 2026, with no further action recorded. For how crypto is taxed in the state today, see how crypto is taxed in New York.
Rules differ by state and change often. Check the regulator or a qualified professional for your own situation.
This guide explains how things work. It is not financial, legal or tax advice. Last updated .