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Coastal Erosion Management Permits: Unregulated Activities

Coastal Erosion Hazard Area Unregulated Activities

The following activities are allowed in the Coastal Erosion Hazard Area without a DEC Coastal Erosion Management Permit; however, permission may be required from the Army Corps of Engineers, State Department of State, or State Office of General Services, in addition to DEC tidal or freshwater wetlands permits:

Any activity not specifically listed below is considered to be a regulated activity within the Coastal Erosion Hazard Area.

Nearshore Areas

  • The normal maintenance* of structures.
  • Construction, modification or restoration of docks, piers, wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less, or docks, piers, wharves or other structures built on floats and removed in the fall of each year.

Beaches

  • The normal maintenance* of structures.
  • The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion.
  • Motor vehicles must operate seaward of the upper debris lines at all times. On those beaches where no debris line exists, motor vehicles must operate seaward of the toe of the primary dune; and motor vehicles must not travel on vegetation.
  • Beach grooming or clean-up operations.
  • Construction, modification or restoration of docks, piers, wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less, or docks, piers, wharves or other structures built on floats and removed in the fall of each year.

Bluffs

  • The normal maintenance* of structures
  • The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.
  • Construction of elevated walkways or stairways intended solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach

Dunes

  • The normal maintenance* of structures
  • The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion.
  • Vegetative planting and sand fencing, to stabilize or entrap sand in order to maintain or increase the height and width of dunes. Vegetative plantings must me of native species tolerant to salt spray sand burial, e.g. American Beach Grass.
  • Construction of elevated walkways or stairways intended solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach.

Note: Vehicular traffic is prohibited on primary dunes, except in those areas designated by the department for dune crossing. Pedestrian passage across primary dunes must utilize elevated walkways and stairways, or other specially designed dune-crossing structures approved by the department.

Structural Hazard Areas

  • No unregulated activities

*Normal Maintenance is defined as the periodic replacement or repair of same-kind components or protective coatings which do not change the size, design, or function of a structure (for example, shingle, siding, or window replacements or painting).

Need a Permit?

Many communities have a DEC certified (approved) local Coastal Erosion Managment Program. If your community has a local program, please contact your local building department. If your community does not have a local DEC approved Coastal Erosion Management Program, DEC administers the Coastal Erosion Management Program, please contact your local DEC permit administrator.


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    Division of Water
    Bureau of Flood Protection and Dam Safety
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