Protection of Waters: Do I Need A Permit?
The Protection of Waters Permit Program regulates five different categories of activities:
Regulations and permit requirements differ for each of these categories and are individually discussed below, addressing Regulated Activities, Exempt Activities, and Minor and Major Projects
- Disturbance of the Bed or Banks of a Protected Stream or Other Watercourse.
- Construction, Reconstruction or Repair of Dams and Other Impoundment Structures.
- Construction, Reconstruction or Expansion of Docking and Mooring Facilities.
- Excavation or Placement of Fill in Navigable Waters and Their Adjacent and Contiguous Wetlands.
- Water Quality Certification for Placing Fill or Undertaking Activities Resulting in a Discharge to Waters of the United States.
Obtain All Necessary Permits
Beware! Never start work before obtaining all necessary permits to avoid enforcement action. Failure to obtain all required permits before commencing work subjects you and any contractors engaged in your work, to DEC enforcement action. Such action may include:
- Civil or criminal court action, or both,
- Fines, or
- An order to remove structures or materials or perform other remedial action, or
- both a fine and an order.
More about Protection of Waters: Do I Need A Permit?:
- Protection of Waters: Disturbance of The Bed or Banks of a Protected Stream or Other Watercourse - A Protection Of Waters Permit is required for disturbing the bed or banks of a stream with a classification of AA, A or B, or with a classification of C with a standard of (T) or (TS) (disturbance may be either temporary or permanent in nature).
- Construction, Reconstruction or Repair of Dams and other Impounding Structures - A Protection Of Waters Permit is required for constructing, reconstructing, repairing, or modifying dams and water impounding structures that permanently or temporarily impound water as a result of a structure placed across a watercourse or overland drainage way or which receive water from an external source such as drainage diversion or pumping of ground water.
- Construction, Reconstruction or Expansion of Docking and Mooring Facilities - A Protection Of Waters Permit is required for constructing, reconstructing, or repairing docks or platforms and installing moorings on, in or above navigable waters to create docking facilities, mooring areas or to facilitate other activities.
- Excavation or Placement of Fill in Navigable Waters - A Protection Of Waters Permit is required for excavating or placing fill in navigable waters of the state, below the mean high water level, including adjacent and contiguous marshes and wetlands
- Water Quality Certifications for Projects Requiring a Federal Permit - In accordance with Section 401 of the Clean Water Act, applicants for a Federal license or permit for activities (including but not limited to the construction or operation of facilities that may result in any discharge into waters of the United States) are required to apply for and obtain a Water Quality Certification from DEC indicating that the proposed activity will not violate water quality standards.