Freshwater Wetlands Permit Program: Jurisdictions of Other Agencies

Several Agencies are Involved in Regulating Wetlands

DEC is not the only agency charged with protection of the State's Wetland Resources. Other agencies either directly regulate or participate in the regulation of activities which may affect freshwater wetlands. These agencies are listed below:

U S Army Corps of Engineers

The Corps of Engineers regulates dredging, the discharge of dredged or fill material, and the construction of certain structures in waterways and wetlands. The Corp's jurisdiction now expands beyond those major waterways traditionally referred to as "Navigable Waters", therefore, when you propose activities in or adjacent to any waters or wetlands, contact the Army Corps of Engineers as well as the DEC.

A "Joint Application Procedure" helps applicants obtain a Corps of Engineers permit. On receiving your application, DEC forwards one copy to the Corps of Engineers.

But the two agencies have different application requirements, hence the Corps of Engineers can be expected to contact you for additional information as needed. If the Corps does not contact you within a reasonable time, be sure to initiate the contact yourself.

Be Aware:

Being told that DEC will not require a permit for your project doesn't necessarily mean the Corps of Engineers won't require one. - You must contact the Corps to find out!
Likewise, obtaining a DEC permit doesn't relieve you from complying with federal law and with the regulations implemented by the United States Army Corps of Engineers. While the joint application should automatically alert the Corps to your project and initiate the federal permit application process, ultimately, you bear the responsibility to inform them and ensure compliance.

DEC Regions and Corps of Engineers Jurisdiction

Region 1 Nassau and Suffolk counties

Region 2 Bronx, Kings, New York, Queens and Richmond counties

Region 3 Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties

Region 4 Albany, Columbia, Delaware, Greene, Montgomery, Otsego, Rensselaer, Schenectady and Schoharie counties

Region 5 Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, Warren and Washington counties

Region 6 Herkimer, Jefferson, Lewis, Oneida and St. Lawrence counties

Region 7 Broome, Cayuga, Chenango, Cortland, Madison, Onondaga, Oswego, Tioga and Tompkins counties

Region 8 Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne and Yates counties

Region 9 Allegany, Cattaraugus, Chautauqua, Erie, Niagara and Wyoming counties

In DEC Regions 1-5, obtain more information concerning Corps of Engineers permits from:

New York District, U.S. Army Corps of Engineers
Attn. Regulatory Branch
26 Federal Plaza
New York, NY 10278-0090

for DEC Regions 1, 2 and Westchester/Rockland Counties: (917) 790-8511
for DEC Region 3, except Westchester/Rockland Counties: (917) 790-8411

New York District, U.S. Army Corps of Engineers
Albany Field Office
1 Bond Street
Troy, NY 12180
(518) 270-0589

for DEC Regions 4, 5

In DEC Regions 6-9, obtain more information concerning Corps of Engineers permits from:

Buffalo District, U.S. Army Corps of Engineers
Attn. Regulatory Branch
1776 Niagara St.
Buffalo, NY 14207-3199
(716) 879-4330

New York State Department of State

If the wetland is located in a coastal area, and a federal approval is required, the federal agency must obtain a Coastal Consistency Certification from the New York State Department of State before it can give its approval. If such a certification is needed, you will be informed of this by the federal agency involved, usually the Corps of Engineers, who will need to make a State Coastal Consistency Certification a part of its permit decision. If a federal approval is not required, DEC will need to make a State Coastal Consistency Certification a part of its permit decision.

In New York, coastal areas include the Atlantic Ocean, Long Island Sound, Arthur Kill, Kill van Kull, Harlem River, East River, Hudson River south of the federal dam in Troy, Niagara River, St. Lawrence River, Lake Ontario, Lake Erie, and all connecting water bodies, bays, harbors, shallows, and marshes.

This consistency program will also apply to some designated inland waterways in New York where local waterfront revitalization programs have been developed. Again, you will be informed if a certification must be prepared and whether any further information will be required from you.

New York State Office of General Services (OGS)

It is your responsibility to determine whether your project involves any New York State-owned underwater lands and to obtain necessary approvals or easements for their use from the New York State Office of General Services (OGS).

During review of your application, DEC will notify OGS of your project, if state owned underwater lands appear to be involved. For questions involving underwater properties owned by the state, contact:

Office of General Services, Division of Land Utilization
Bureau of Land Management, Corning Tower
Empire State Plaza, Albany, NY 12242
(518) 474-2195

Adirondack Park Agency (APA)

Freshwater wetlands located within the boundaries of the Adirondack Park are regulated by the Adirondack Park Agency (APA), not the DEC. Although the Freshwater Wetlands Act is applicable within the Park, Title 8 of the Act grants the administration of this program to the APA. Wetlands over one acre in size or any size wetland adjacent to open water are regulated within the Adirondack Park.

For questions involving freshwater wetlands in the Adirondack Park, contact:

Adirondack Park Agency
P.O. Box 99
Ray Brook, New York 12977
(518) 891-4050

Local Governments

Under the Freshwater Wetlands Act, local governments may assume jurisdiction for regulating wetlands once DEC has filed a map for their areas. Therefore, your municipality or county may be the regulating body. For questions of jurisdiction, check with the appropriate DEC Regional Office for the county where the wetland is located or with the local government. The Division of Environmental Permits staff can advise you of which agency has permit jurisdiction.

Finally, county, city, town or village building permits, flood plain permits, or other approvals may be necessary. You should check with the appropriate offices. You must inform DEC of any other local approvals needed for your project. This will enable a coordinated review among all involved agencies.