Wild, Scenic and Recreational Rivers Permit Program: Jurisdictions 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. Over recent years, the Corps jurisdiction has expanded beyond those major waterways that were traditionally referred to as "navigable waters."

of Sally Dewes

There is a Joint Application procedure to help applicants obtain a Corps of Engineers permit. When you file your application with DEC a copy will be forwarded by DEC to the Corps of Engineers. However, the two agencies have different application requirements and the Corps of Engineers will contact you for additional information as needed.

A determination that no permit is required from DEC does not necessarily mean that no permit is required from the Corps. Likewise, having obtained a DEC permit does not relieve the applicant from the obligation to comply with federal law. If there is any question of jurisdiction, you should contact the Corps of Engineers directly.

DEC Regions and Corps of Engineers Jurisdiction

Region 1 Nassau and Suffolk counties

Region 2 Bronx, Kings, New York, Queens and Richmond counties

Region 3 Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties

Region 4 Albany, Columbia, Delaware, Greene, Montgomery, Otsego, Rensselaer, Schenectady and Schoharie counties

Region 5 Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, Warren and Washington counties

Region 6 Herkimer, Jefferson, Lewis, Oneida and St. Lawrence counties

Region 7 Broome, Cayuga, Chenango, Cortland, Madison, Onondaga, Oswego, Tioga and Tompkins counties

Region 8 Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne and Yates counties

Region 9 Allegany, Cattaraugus, Chautauqua, Erie, Niagara and Wyoming counties

In DEC Regions 1-5, 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 District, U.S. Army Corps of Engineers
Albany Field Office
1 Bond Street
Troy, NY 12180
(518) 270-0589

for DEC Regions 4, 5

In DEC Regions 6-9, obtain more information concerning Corps of Engineers permits from:

Buffalo District, U.S. Army Corps of Engineers
Attn. Regulatory Branch
1776 Niagara St.
Buffalo, NY 14207-3199
(716) 879-4330

New York State Department of State

If the wetland is located in a coastal area, and 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 a State Coastal Consistency Certification a part of its permit decision.

In New York, coastal areas 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 water bodies, 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)

It is your responsibility to determine 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

Adirondack Park Agency

Freshwater wetlands located within the boundaries of the Adirondack Park are regulated by the Adirondack Park Agency (APA), not the DEC. Although the Freshwater Wetlands Act is applicable within the Park, Title 8 of the Act grants the administration of this program to the APA. Wetlands over one acre in size or any size wetland adjacent to open water are regulated within the Adirondack Park.

For questions involving freshwater wetlands in the Adirondack Park, contact:

Adirondack Park Agency
P.O. Box 99
Ray Brook, New York 12977
(518) 891-4050

Local Governments

Under the Wild, Scenic and Recreational Rivers Act, the Commissioner may delegate to a local government or group of local governments its powers , functions, and responsibilities, except review and determination of any application for a permit from a state agency , for administration of designated river areas as it deems proper upon determining that such local governments or group of local governments has adequate legal authority expertise, staff, funding and such other capabilities as the Commissioner may prescribe as necessary to fully carry out such powers, functions, and responsibilities in a manner consistent with the act

For questions of jurisdiction, check with the appropriate DEC Regional Office for the county where the wetland is located or with the local government. The Division of Environmental Permits staff can advise you of which agency has permit jurisdiction.

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.