How Does One File for a DEC Permit?
Step 1: File an Application
General Requirements for Applications
A complete application includes a properly completed department application form, supporting documentation, and any supplemental information required by the specific program implementing regulations and 6 NYCRR Part 621, Uniform Procedures Regulations and the specific program implementing regulations pertaining to the specific permit(s) sought for the project. Applications are filed with the Regional Permit Administrator.
If a project requires more than one DEC permit, the applicant must submit all applications forms and information simultaneously.
If variances are sought and provided for by the specific regulatory program in their regulations, the application must include a request and statement of justification for such variances.
The application must include a list of related permits required for the project from any other agency or government, with a statement of each agency's status for decision and their determination under the State Environmental Quality Review (SEQR) Regulations, 6 NYCRR Part 617.
The Department may request information of the applicant to determine the party responsible for compliance with conditions of the permit, statutes and regulations, for remediation of any resultant environmental degradation, and to determine any financial security which may be required.
Other Requirements for a Complete Application
If the project is subject to SEQR, the Department must satisfy the requirements of 6NYCRR Part 617. An application is not complete until:
- A properly completed environmental assessment form has been submitted.
- A lead agency has been established.
- A negative declaration or a conditioned negative declaration has been filed or a draft environmental impact statement has been accepted by the lead agency.
In accordance with the New York State Historic Preservation Act of 1980, the application is not complete until the New York State Office of Parks, Recreation and Historic Preservation has made a determination concerning the impact of the project on properties listed on or eligible for listing on the State or National Register of Historic Places.
For certain projects in coastal areas designated according to Article 42 of the New York State Executive Law, the application is not complete until sufficient information has been provided to enable the Department to complete a coastal assessment form.
Projects Located in the Adirondack Park Requirements
Projects may require permits from the Adirondack Park Agency and/or the New York State Department of Health. The application to DEC is not complete until the applicant has submitted complete applications to these agencies and their SEQR requirements are fulfilled, or the applicant demonstrates good cause to not do so.
Contact the Department's Regional Permit Administrator for advice on completing the forms and on any other requirements to complete your application.
Request a preapplication conference with DEC staff to clarify project objectives, clarify DEC requirements, get a preliminary reaction to your proposal, and discuss alternative approaches. Be willing to adjust your project proposal to meet DEC requirements - on occasion, minor changes in layout can avoid disagreements and delays, and in some cases, even eliminate the need for a permit.
Step 2: Respond to DEC Comments
Prepare a thorough, accurate application, fully justified and clearly represented on plans, to prevent multiple information requests and reviews by DEC.
A complete application will generally include the appropriate application form, location map, plans, report and environmental assessment prescribed by DEC.
The environmental assessment is a requirement of the State Environmental Quality Review Act (SEQR). Depending on the assessment you may be required to file an Environmental Impact Statement
The Department must inform you of whether your application is complete according to the following time frames:
- in the case of hazardous waste management facilities, certain wastewater discharges and certain air permit applications, 60 days from receipt of the application.
- all others, 15 days from receipt of the application.
If the application is incomplete, DEC's Notice of Incomplete Application will tell you what else is needed. When you respond, the above time frames for the DEC will again apply.
Step 3: Respond to Public Comments
The Uniform Procedures Act recognizes minor projects and major projects.
If your project is major, then the project is subject to public review, as follows:
- A Notice of Complete Application is published by the Department in the Environmental Notice Bulletin (ENB). You must also publish this notice in a local newspaper.
- The public must submit any comments before the deadline in the Notice, usually either 15 or 30 days after the date the Notice is published, depending on the permit type requested. The Department may ask you to provide responses to the public's comments. Prepare clear and informative responses which address public concerns and seriously consider recommendations. This will reduce the likelihood of a public hearing.
- Based on any comments received and on staff's review of the project against permitting standards, DEC decides whether to hold a public hearing. For more information, refer to the Guide for Public Hearings.