Other Requirements for a Complete Application
Additional DEC permits that may be needed
Your project or activity may require additional permits under other DEC permit programs. For example:
- Activities in navigable waters may also affect regulated freshwater wetlands or tidal wetlands and require a permit under the Freshwater Wetlands Act or the Tidal Wetlands Act in addition to the Protection of Waters Permit.
- A coastal project may also require a permit under the Coastal Erosion Hazard Areas Act.
- If your facility discharges wastewater to surface or ground water, a State Pollutant Discharge Elimination System (SPDES) Permit may be required.
- A sand and gravel mine may also require an Air permit for air emissions from crushing or screening operations.
See the Permit, License, Registration page to review other DEC permit programs.
In addition, if your project requires a permit from the US Army Corps of Engineers, then a Section 401 Water Quality Certification by DEC may also be needed. See the Jurisdictions of Other Agencies page.
Unsure? Contact the Department!
If you are not sure whether your project requires more than one permit, contact the Regional Permit Administrator for the county where the project is located.
All the materials required for each DEC permit should be submitted simultaneously so the project can be reviewed as a whole. DEC cannot commence review of your project until these materials are submitted.
State Environmental Quality Review
New York's State Environmental Quality Review Act (SEQR) requires all state and local government agencies to consider environmental impacts equally with social and economic factors during discretionary decision-making. The agency receiving the application or directly involved with the project will determine the classification, the significance of the project and whether or not an Environmental Impact Statement is necessary. If a project is determined not to have significant adverse environmental impacts, a determination of nonsignificance (Negative Declaration) is prepared. If a project is determined to have potentially significant adverse environmental impacts, an "Environmental Impact Statement" is required to address the issues and to find possible solutions. The "decision making process" encourages communication among all involved government agencies, project sponsors and the general public.
If the project is subject to SEQR, the Department must satisfy the requirements of 6 NYCRR Part 617. An application is not complete until:
- A properly completed environmental assessment form has been submitted.
- A lead agency has been established.
- A negative declaration or a conditioned negative declaration has been filed or a draft environmental impact statement has been accepted by the lead agency.
The application is not complete until the Department has made a determination concerning the impact of the project on properties listed on or eligible for listing on the State or National Register of Historic Places. DEC will determine whether or not significant cultural resources are likely to be impacted by a project, will evaluate the possibility of avoiding adverse impacts, or will develop a plan for mitigating adverse impacts.
In accordance with the State Historic Preservation Act (SHPA), DEC must evaluate whether or not a project may have an impact on historical structures or archaeological sites. If your application packet includes a Structural Archaeological Assessment Form (SAAF), please fill out the form according to its instructions. In some cases, a cultural resource survey, including a field study of archaeological or historic features may be needed.
Certain Department permit decisions (specifically, SEQR Type I or Unlisted actions in the Coastal Area) are subject to the Coastal Management Program. The application is not complete until sufficient information has been provided to enable the Department to complete a coastal assessment form.
Coastal waterbodies and designated inland waterways are defined in Executive Law, Article 42, Section 911.
Coastal waterbodies also include embayments and tributaries that are within New York State's Coastal area.
In New York, coastal areas include:
- Arthur Kill
- Atlantic Ocean
- East River
- Harlem River
- Hudson River (south of federal dam at Troy)
- Kill van Kull
- Lake Ontario
- Lake Erie
- Long Island Sound
- Niagara River
- St. Lawrence River and other designated inland waterways
Projects Located in the Adirondack Park
Projects may require permits from the Adirondack Park Agency and/or the New York State Department of Health. The application to DEC is not complete until the applicant has submitted complete applications to these agencies and their SEQR requirements are fulfilled, or the applicant demonstrates good cause to not do so.