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Tidal Wetlands Permit Program: Standards for Issuance

Tidal Wetland Land Use Regulations 6NYCRR Part 661 Standards for Permit Issuance summary (link leaves DEC website)

The Department shall issue a permit for a proposed regulated activity only if it is determined that the proposed activity is:

  • Compatible with the policy of the Tidal Wetlands Act to preserve and protect tidal wetlands and to prevent their degradation 661.9(b)(1)(i); that work in the adjacent area will not have an undue adverse impact on the present or potential value of any adjacent or nearby tidal wetland 661.9 (c) (3);
  • Compatible with the public health and welfare 661.9(b)(1)(ii);
  • The proposal for work in tidal wetlands and below mean high water is reasonable and necessary 661.9(b)(1)(iii);
  • The proposal in any adjacent area to a tidal wetland meets the developmental restrictions contained in section 661.6, 661.9 ( C ) (2) and;
  • The proposal complies with the use guidelines contained in 6 NYCRR § 661.5. If a proposed regulated activity is a presumptively incompatible use under this section, the applicant must overcome the presumption and demonstrate that the proposed activity will be compatible with the area involved and with the preservation, protection, and enhancement of the present and potential values of tidal wetlands (6 NYCRR §§ 661.9(b)(1)(v) and 661.9(c)(4)).

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    Division of Environmental Permits
    4th Floor
    625 Broadway
    Albany, NY 12233-1750
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