Tidal Wetlands Permit Program: Is this Project Major or Minor ?
Time Frames, Procedures and Requirements Differ
The time alloted for agency review (time frames), the procedures, and public notice requirements for applications differ according to whether the project is considered major or minor according to the regulations implementing the Uniform Procedures Act
Generally, minor projects have shorter review time frames and require less public review.
Notice of all major projects must be published in both the Environmental Notice Bulletin (ENB) and a designated local newspaper to allow for public review. Any activity designated in Part 661.5(b) as "No Permit Necessary" requires no DEC approval. Projects bearing the designation "Generally Compatible-permit required" are considered Minor Projects. All other activities are considered Major Projects for the public notice requirements of the Uniform Procedures Act.
Please refer to the classification of uses chart in Section 661.5 Use Guidelines (link leaves DEC website) for a detailed listing of all regulated tidal wetlands activities and whether they are minor projects.
Minor Projects in Tidal Wetlands Include:
- Construction of one open pile dock or catwalk no greater than 4 feet in width.
- Installation of a floating dock having a surface area no greater than 200 square feet.
- Connection of electricity, gas, sewer, or water lines from an existing distribution facility to an existing structure.
- Maintenance dredging.
- In-kind and In-Place replacement of existing functional bulkheads.
Major Projects Include:
- Construction of open pile docks or catwalks greater than 4 feet in width.
- Installation of a floating dock having a surface area of greater than 200 square feet.
- Construction of a solid fill dock.
- Placement of fill in a tidal wetlands
- Construction, in a wetland, of single family or multiple family dwellings and/or accessory structures for them (driveways, garages, swimming pools, tennis courts, septic systems, etc.)
- Construction of commercial or industrial structures.
- Construction of groins, bulkheads, or other shoreline stabilization structures in vegetated tidal wetlands.
- New dredging.