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.
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
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
If 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 the Coastal Consistency certification as part of its permit decision.
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. 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)
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).
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
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.
