Tidal Wetlands Permit Program: Jurisdiction of other Agencies
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, 187 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. 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. You bear the responsibility to inform them and ensure compliance.
DEC Regions and Corps of Engineers Jurisdiction
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
New York State Department of State (DOS)
If 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 covered by this program 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 waterbodies, 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
http://www.nyswaterfronts.com
New York State Office of General Services (OGS)
You are responsible for determining 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 project needs OGS approval, send a copy of the Joint Application Form and supporting documentation to OGS. For questions involving underwater properties owned by the state, contact:
Office of General Services
Real Estate Development - Land Management
Corning Tower, 26th Floor
Empire State Plaza
Albany, NY 12242
(518) 474-2195
http://www.ogs.state.ny.gov
Local Governments
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.
