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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.

The Joint Application Form (PDF) (543 kB) and Instructions (PDF) (301 kB) helps applicants obtain a Corps of Engineers permit at the same time as the DEC permit. You must send the application form to both agencies.

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.

DEC Regions

Click on a region to go to that region's general information page

DEC Region 1 Offices DEC Region 2 Offices DEC Region 3 Offices DEC Region 4 Offices DEC Region 5 Offices DEC Region 6 Offices DEC Region 7 Offices DEC Region 8 Offices DEC Region 9 Offices

In DEC Regions 1-3, 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

In DEC Regions 4 and 5, obtain more information concerning Corps of Engineers permits from:

New York District, U.S. Army Corps of Engineers
Building 10, 3rd Floor
1 Buffington Street
Watervliet, NY 12189-4000
(518) 266-6350

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 (DOS)

If the wetland is located in a coastal area, and a federal approval is required, you must obtain a Coastal Consistency Certification from the New York State Department of State before it can give its approval.

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. If your project needs DOS approval, please send a copy of the completed Joint Application Form and supporting documentation to DOS.

Division of Coastal Resources
Consistency Review Unit
One Commerce Plaza
Suite 1010
99 Washington Avenue
Albany, NY 12231-00001
(518) 474-6000

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).

If your projects needs OGS approval, send a copy of the completed Joint Application Form and supporting documentation to OGS. 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
1133 Route 86
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.

  • Contact for this Page
    Division of Environmental Permits
    4th Floor
    625 Broadway
    Albany, NY 12233-1750
    Send us an email
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