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Seal Coating

What New York's Coal Tar Ban Means for Seal Coating

September 9, 2026Gabriel Myerowitz4 min read
Commercial seal coating being applied to a parking lot in New York with legal asphalt based sealant

Quick Answer

New York State banned the sale and use of coal tar based pavement sealants in 2021, with the application of existing stock ending in November 2023. If a contractor proposes coal tar sealant for your New York property today, that is not a legal option.

A property owner asked me last year why the sealant on his lot didn't look quite as deep black as what his old contractor used years back. The honest answer is the state changed the law, not that the quality dropped.

I am Gabriel, founder of FineLines. We seal coat commercial properties across New York, so here is exactly what the state's ban means and why it's worth knowing before you get a quote.

What New York's Coal Tar Ban Actually Says

In 2021, New York State enacted a ban on the sale and use of coal tar based pavement sealants containing polycyclic aromatic hydrocarbons, or PAHs, above 10,000 parts per million, according to the New York State Department of Environmental Conservation. The state law was signed in 2021, with the sale of coal tar sealant prohibited starting November 2022, and use of any remaining stock prohibited starting November 2023. New York was one of the first states in the country to enact this kind of ban.

Why the State Banned It

Coal tar sealants carry significantly higher concentrations of PAHs than asphalt based alternatives. PAHs are classified as carcinogenic and are known to wear off pavement over time through weather, tire abrasion, and foot traffic, ending up in soil, waterways, and tracked indoors. Asphalt based sealants typically contain far lower PAH concentrations and remain fully legal statewide.

Sealant TypeLegal in New York?Typical PAH Level
Coal tar basedNo, banned since Nov. 2023High
Asphalt basedYesSignificantly lower
Close-up of asphalt based seal coat being applied to a commercial parking lot

What This Means for Your Next Seal Coating Project

  • Confirm your contractor is quoting asphalt based sealant, not coal tar, for any New York property. If a quote doesn't specify, ask directly.
  • Ask for the product's safety data sheet if you want to verify what's actually being applied, a legitimate contractor should have this readily available.
  • Don't assume older sealant on your lot was applied illegally. Work completed before November 2023 may have used coal tar under previous law and doesn't need to be redone for that reason alone.

Does Asphalt Based Sealant Perform Differently?

Property owners sometimes ask whether the switch means a lower quality result. It doesn't. Asphalt based sealants protect against UV, water, and oxidation the same way coal tar sealants did, and properly applied, on the same 2 to 3 year cycle, hold up comparably well on most commercial lots. The state's ban changed the chemistry, not the protective function.

Our seal coating cost guide and best time of year to seal coat guide cover the rest of what goes into a properly timed, properly executed seal coating project in New York.

FAQs

Is coal tar sealant illegal in New York?

Yes. New York State's coal tar ban was signed into law in 2021. The sale of coal tar based pavement sealants became prohibited starting November 2022, and the use of any remaining stock became illegal starting November 2023, under legislation enforced by the New York State Department of Environmental Conservation.

What sealant can legally be used on commercial lots in New York?

Asphalt based sealants remain fully legal and are the standard option used across the state. They contain significantly lower concentrations of PAHs than coal tar based products and provide comparable protection when applied correctly.

Does older coal tar sealant on my lot need to be removed?

Not automatically. The ban applies to the sale and application of coal tar sealant going forward. Existing coal tar sealant applied legally before the ban took effect doesn't need to be stripped off on that basis alone.

Is asphalt based sealant as effective as coal tar?

Yes, for the core protective function. Both block UV, water, and oxidation. The main historical argument for coal tar was slightly better resistance to fuel and oil staining, but properly applied asphalt based sealant performs well on standard commercial traffic.

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