Protection of Waters Program
Article 15, Title 5 Environmental Conservation Law (ECL) Implementing Regulations, 6NYCRR PART 608 (leaves DEC website).
On this page:
- Overview
- Protection of Waters Permit covers :
- Application Checklist & Forms
- Standards of Issuance
- Other DEC Permits & Determinations
The protection of New York's diverse water resources ensures that our rivers, streams, lakes, and ponds continue to provide essential ecological and commercial services. Preserving fish and wildlife habitat, safeguarding our drinking water, and allowing industrial and agricultural ventures to responsibly flourish are maintained through Article 15, Title 5 of the ECL.
NYSDEC Protection of Waters (POW) regulatory program establishes and enforces regulations that:
- are compatible with the preservation, protection and enhancement of the present and potential values of the water resources;
- protect the public health and welfare; and
- are reasonably consistent with the state's social and economic development.
Explore the categories listed below to find the specific regulated and exempt activities and to determine if your project is Minor or Major. Time frames, procedures and requirements for public notice for permit applications are different for Minor and Major projects under the Uniform Procedures Act requirements (6NYCRR Part 621). Generally, Minor projects have shorter review time frames and require less public review.
Classification of Waters
All waters of the state are provided a class and standard designation based on existing or expected best usage, which also determines the protection status of a particular water or waterway segment.
Streams and small waterbodies -- ponds and lakes with a surface area of 10 acres or less -- located in the course of a stream with a classification of AA, A, or B, or with a classification of C with a standard of (T) or (TS) are collectively referred to as protected streams and are subject to the stream protection provisions of the POW regulations.
| Classification | Best Usage |
|---|---|
| AA, A | Drinking source |
| B | Swimming and other recreation, not suitable for drinking |
| C | Fisheries, non-contact activities |
| D | Fishing |
| * (T), (TS) | Waters with classifications AA, A, B, and C may also have a standard of (T), indicating that it may support a trout population , or (TS), may support trout spawning. Special requirements apply to sustain these waters that provide valuable and sensitive fisheries resources. |
The Environmental Resource Mapper (ERM) can be used to identify protected streams based on their classification and to create simple maps needed as part of the POW Permit Application process.
Disturbance of The Bed or Banks of a Protected Stream or Other Watercourse
Required for disturbing the bed or banks of a stream with a classification of AA, A or B, or with a classification of C with a standard of (T) or (TS).
"Banks" means that land area immediately adjacent to and which slopes toward the bed of a watercourse and which is necessary to maintain the integrity of the watercourse. A bank will not be considered to extend more than 50 feet horizontally from the mean high water line; with the following exception: Where a generally uniform slope of 45 degrees (100%) or greater adjoins the bed of a watercourse, the bank is extended to the crest of the slope or the first definable break in slope, either a natural or constructed (road, or railroad grade) feature lying generally parallel to the watercourse.
Some examples of activities requiring this permit are:
- placement of structures in or across a stream (i.e., bridges, culverts or pipelines);
- fill placement for bank stabilization or to isolate a work area (i.e., rip-rap or coffer dams);
- excavations for gravel removal or as part of a construction activity;
- lowering stream banks to establish a stream crossing;
- utilization of equipment in a stream to remove debris or to assist in-stream construction.
Review Application Forms and other requirements needed for your stream project.
Exempt Activities
The most common activities which are exempt from the requirement to obtain a Protection of Waters Permit for Protected Streams are:
- Disturbance of a protected stream conducted by a town or county government which enters into a written agreement with DEC for specified categories of work undertaken in compliance with performance criteria that are protective of stream resources.
- Agricultural activities involving the crossing of a stream by livestock or farm equipment at an established crossing.
- Withdrawal of irrigation waters where no alteration of the stream bed or banks is required.
- Removal of fallen tree limbs or tree trunks where material can be cabled and pulled from the stream without disruption of the stream bed or banks, utilizing equipment placed on or above the stream bank (i.e., no in-stream use of equipment is necessary).
Note: The exempt activities listed only represent exemptions for this section of the Protection of Waters Permit Program. Other DEC permits under other sections of the Protection of Waters Permit Program or under other Articles of the Environmental Conservation Law may be required.
| UPA Minor | UPA Major |
|---|---|
| Repair or in-kind replacement of existing structures | All other activities are considered Major projects for purposes of review and public notice as required by the Uniform Procedures Act. |
| Disturbances of less than 100 linear feet along any 1,000 feet of watercourse. |
Construction, Reconstruction or Repair of Dams and other Impounding Structures
Required for constructing, reconstructing, repairing, or modifying dams and water impounding structures that permanently or temporarily impound water as a result of a structure.
Some examples of activities requiring this permit are:
- siting and constructing a new dam or water impounding structure (i.e., concrete, earthen, stone and wooden structures);
- reconstruction or modification (i.e., refacing, anchoring, breaching, or removal of an existing structure);
- repairs or maintenance which may affect the structural integrity or functional capability of a dam or impounding structure.
Review Application Forms and other requirements needed for your dam and water impoundment project.
Exempt Activities
The most common impoundment related activities not needing a Protection of Waters Permit for a Dam or Other Impoundment Structure are constructing or repairing a dam or structure used for impounding water that satisfies any one of the following criteria:
- maximum height is 6 feet or less (maximum height is measured as the height from the downstream (outside) toe of the dam at its lowest point to the highest point at the top of the dam);
- maximum impounding capacity is one million gallons or less (maximum impounding capacity is measured as the volume of water impounded when the water level is at the top of the dam);
- maximum height is between 6 feet and 15 feet and the maximum impounding capacity is less than 3 million gallons.
Note: The exempt activities listed only represent exemptions for this section of the Protection of Waters Program. Other DEC permits under other sections of the Protection of Waters Permit Program or under other Articles of the Environmental Conservation Law may be required.
| UPA Minor | UPA Major |
|---|---|
| Are only those confined to repairing existing structures contained in DEC's inventory of dams. Contact DEC Dam Safety Section at 625 Broadway, 4th Floor, Albany, NY 12233-3507; (518) 402-8185 to determine if a structure is included in the dam inventory. |
All other activities are considered Major projects for purposes of review and public notice as required by the Uniform Procedures Act. |
Construction, Reconstruction or Expansion of Docking and Mooring Facilities
Required for constructing, reconstructing, or repairing docks or platforms and installing moorings on, in or above navigable waters.
A docking facility is any marina, boat basin, marine terminal and any other areas on navigable waters containing a single structure or a collection of related structures such as docks, piers, bulkheads, breakwaters and pilings used for the reception, securing and protection of boats, ships, barges or other watercraft. A mooring facility is defined as any device that is fixed in navigable waters to which a vessel can be made fast including buoys, chains, ropes, piles, spars and dolphins. A platform is generally a flat surface located in, on or over a water body, on which structures can be constructed or activities can be conducted.
Some examples of activities requiring a permit are:
- installation of a floating dock or dock constructed on piles;
- establishment of a marina consisting of multiple docks and ramps, breakwaters and other in-water structures;
- installation of a platform to accommodate a use or activity on or above the water (i.e., deck, boathouse);
- restoring or rebuilding an existing dock, pier, or wharf;
- substantially changing the use of an existing dock or platform;
- the installation of mooring devices.
Review Application Forms and other requirements needed for your dock and mooring project.
Exempt Activities
The most common activities which are exempt from the requirement to obtain a Protection of Waters Permit for a Dock and Mooring Facility are:
- Constructing, reconstructing or repairing docks or platforms, and installing moorings in, on or above navigable waters lying above underwater lands owned by the State of New York for which a lease or other approval authorizing use or occupancy of such lands has been obtained from the New York State Office of General Services. See Jurisdictions of Other Agencies.
- Constructing, reconstructing or repairing a docking facility for five or fewer boats and encompassing within its perimeter an area less than 4,000 square feet. Perimeter means a boundary encompassing all structures and related water surface area utilized at a docking facility including docks, piers, platforms, bulkheads, breakwaters, pilings, travel lanes and berthing areas. See a sample docking/mooring facility perimeter drawing.
- Establishing a mooring area for fewer than ten boats.
- Temporary anchoring where a boat is not attached to an in-place or fixed mooring device.
- The seasonal replacement or reinstallation of floating docks and other structures, exceeding the thresholds for regulated activities, which legally existed prior to May 4, 1993 or for which a permit was previously obtained.
- The relocation, replacement, or rearrangement of floating structures such as docks, ramps, walkways and anchoring devices within an approved perimeter.
- The ordinary maintenance and repair of structures such as repainting, re-driving piles or replacing boards in docks. Ordinary maintenance and repair does not include substantial reconstruction or restoration involving 50 percent or more of an existing structure.
Note: The exempt activities listed only represent exemptions for this section of the Protection of Waters Permit Program. Other DEC permits under other sections of the Protection of Waters Permit Program or under other Articles of the Environmental Conservation Law may be required.
| UPA Minor | UPA Major |
|---|---|
| Construction or installation of docks, piers, wharves or other structures used solely as a landing place, providing dockage for 6 to 10 boats and encompassing an area of 4,000 to 8,000 square feet within the facility perimeter. | All other activities are considered MAJOR for purposes of review and public notice as required by the Uniform Procedures Act. |
| The in-kind replacement of a structure on open supports. | |
| The establishment of a mooring facility for 10 to 20 boats. |
Excavation or Placement of Fill in Navigable Waters
Required for excavating or placing fill in navigable waters of the state, below the mean high water level, including adjacent and contiguous marshes and wetlands.
Some examples of activities requiring a permit are:
- installation of support piers (larger than 12" in diameter) and cribs for docks or boathouses;
- placement of fill for access, construction or structure installation (i.e., bridges, culverts, pipeline crossings);
- excavations associated with construction activities and dredging for navigation channel establishment or maintenance;
sand or gravel mining.
Review Application Forms and other requirements needed for your excavation and fill project.
Exempt Activities
An exemption from the requirement to obtain a Protection of Waters Permit for Excavation or Placement of Fill in Navigable Waters is for waters that are surrounded by land held in single private ownership at every point in their total area.
Note: The exempt activity listed only represents exemptions for this section of the Protection of Waters Permit Program. Other DEC permits under other sections of the Protection of Waters Permit Program or under other Articles of the Environmental Conservation Law may be required.
| UPA Minor | UPA Major |
|---|---|
| Fill of less than 100 cubic yards. | All other activities are considered MAJOR for purposes of review and public notice as required by the Uniform Procedures Act. |
| Maintenance dredging occurring at least once every 10 years (restoring pre-existing depths and widths, not increasing to new depths or widths not previously maintained). | |
| Excavation of an area of 5,000 square feet or less. | |
| Installation of rip-rap of less than 100 linear feet for each parcel of land. | |
| Repair or replacement, in-kind and in-place, of existing structures. |
Water Quality Certification for Projects Requiring a Federal Permit
Under Section 401 of the Clean Water Act (CWA), a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 Water Quality Certification (WQC) is issued, verifying compliance with state water quality requirements. In New York State, applicants for a Federal license or permit for activities that may result in a discharge into waters of the United States are required to apply for and obtain a WQC from DEC indicating that the proposed activity will comply with New York State water quality standards.
A WQC from DEC is most commonly required when a project also requires a permit from the U.S. Army Corps of Engineers under Section 404 of the CWA for the placement of fill in waters of the United States. Some examples of activities requiring a WQC are:
- Streambank & lake shoreline stabilization
- Bridge & culvert installations and repair
- Dredging in navigable waters
- Road and driveway construction in wetlands or streams
- Temporary construction access in wetlands or streams
Review Application Forms and other requirements needed for your Water Quality Certification project.
Blanket Coverage
Certain activities have already been provided blanket statewide WQC and do not require an individual determination. The DEC Blanket Water Quality Certification, only applies to limited activities, and those that are covered by a specific U.S. Army Corps of Engineers Nationwide 404 Permit. For more information regarding the US Army Corps of Engineers Nationwide 404 Permits, please contact the appropriate Office.
In 2020 the Corps of Engineers proposed to reissue and modify all of the 2017 Nationwide Permits. However, after the completion of the public notice process the Corps of Engineers only proceeded to reissue and modify some of the Nationwide Permits, which became effective March 15, 2021. Those nationwide permits were subject to DEC Blanket Water Quality Certification issued on December 18, 2020.
Since December 18, 2020, the Corps of Engineers proposed to finalize the remaining Nationwide Permits and provided DEC until October 15, 2021 to revise its blanket WQC decision for those remaining permits. DEC issued a revised blanket Water Quality Certification on October 15, 2021 for the remaining permits. Effective February 25, 2022, the Corps of Engineers finalized the remaining Nationwide Permits.
As a result, there are currently two sets of U.S. Army Corps of Engineers Nationwide 404 Permits in effect, some in effect since March 15, 2021 and some in effect since February 25, 2022. The DEC blanket WQC decision issued October 15, 2021 (PDF) addresses both sets of Nationwide Permits. However, those Nationwide Permits effective March 15, 2021 are subject to conditions and limitations set by DEC on December 18, 2020 (Attachments 1, 2, and 3 of the October 15, 2021 decision letter) and those Nationwide Permits effective February 25, 2022 are subject to conditions and limitations set by DEC on October 15, 2021 (Attachments 1, 2, and 5 of the October 15, 2021 decision letter).
The following table indicates which Corps of Engineers' Nationwide Permits (NWP) are covered by which set of DEC blanket WQC conditions (December 18, 2020 or October 15, 2021):
| NWP Number | NWP Title | December 18, 2020 | October 15, 2021 |
|---|---|---|---|
| NWP 1 | Aids to Navigation | WQC Not Required | |
| NWP 2 | Structures in Artificial Canals | WQC Not Required | |
| NWP 3 | Maintenance | Issued w/ Conditions | |
| NWP 4 | Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities | Issued w/ Conditions | |
| NWP 5 | Scientific Measure Devices | Issued w/ Conditions | |
| NWP 6 | Survey Activities | Issued w/ Conditions | |
| NWP 7 | Outfall Structures and Associated Intake Structures | Issued w/ Conditions | |
| NWP 8 | Oil and Gas Structures on the Outer Continental Shelf | WQC Not Required | |
| NWP 9 | Structures in Fleeting and Anchorage Areas | WQC Not Required | |
| NWP 10 | Mooring Buoys | WQC Not Required | |
| NWP 11 | Temporary Recreational Structures | WQC Not Required | |
| NWP 12 | Oil or Natural Gas Pipeline Activities | Denied** | |
| NWP 13 | Bank Stabilization | Issued w/ Conditions | |
| NWP 14 | Linear Transportation Projects | Issued w/ Conditions | |
| NWP 15 | U.S. Coast Guard Approved Bridges | Issued w/ Conditions | |
| NWP 16 | Return Water from Upland Contained Disposal Areas | Denied | |
| NWP 17 | Hydropower Projects | Denied | |
| NWP 18 | Minor Discharges | Issued w/ Conditions | |
| NWP 19 | Minor Dredging | Issued w/ Conditions | |
| NWP 20 | Response Operations for Oil or Hazardous Substances | Issued w/ Conditions | |
| NWP 21 | Surface Coal Mining Activities | Denied** | |
| NWP 22 | Removal of Vessels | Issued w/ Conditions | |
| NWP 23 | Approved Categorical Exclusions | Issued w/ Conditions | |
| NWP 24 | Indian Tribe or State Administered Section 404 Programs | WQC Not Required | |
| NWP 25 | Structural Discharges | Issued w/ Conditions | |
| NWP 26 | Reserved | ||
| NWP 27 | Aquatic Habitat Restoration, Establishment, and Enhancement Activities | Issued w/ Conditions | |
| NWP 28 | Modifications of Existing Marinas | WQC Not Required | |
| NWP 29 | Residential Developments | Issued w/ Conditions | |
| NWP 30 | Moist Soil Management for Wildlife | Issued w/ Conditions | |
| NWP 31 | Maintenance of Existing Flood Control Activities | Issued w/ Conditions | |
| NWP 32 | Completed Enforcement Actions | Issued w/ Conditions | |
| NWP 33 | Temporary Construction, Access, and Dewatering | Issued w/ Conditions | |
| NWP 34 | Cranberry Production Activities | Issued w/ Conditions | |
| NWP 35 | Maintenance Dredging of Existing Basins | WQC Not Required | |
| NWP 36 | Boat Ramps | Issued w/ Conditions | |
| NWP 37 | Emergency Watershed Protection and Rehabilitation | Issued w/ Conditions | |
| NWP 38 | Cleanup of Hazardous and Toxic Waste | Denied** | |
| NWP 39 | Commercial and Institutional Developments | Issued w/ Conditions | |
| NWP 40 | Agricultural Activities | Issued w/ Conditions | |
| NWP 41 | Reshaping Existing Drainage Ditches | Issued w/ Conditions | |
| NWP 42 | Recreational Facilities | Issued w/ Conditions | |
| NWP 43 | Stormwater Management Facilities | Issued w/ Conditions | |
| NWP 44 | Mining Activities | Denied** | |
| NWP 45 | Repair of Uplands Damaged by Discrete Events | Issued w/ Conditions | |
| NWP 46 | Discharges in Ditches | Issued w/ Conditions | |
| NWP 47 | Reserved | ||
| NWP 48 | Commercial Shellfish Mariculture Activities | Issued w/ Conditions | |
| NWP 49 | Coal Re-mining Activities | Denied** | |
| NWP 50 | Underground Coal Mining Activities | Denied** | |
| NWP 51 | Land-Based Renewable Energy Generation Facilities | Issued w/ Conditions | |
| NWP 52 | Water-Based Renewable Energy Generation Projects | Denied** | |
| NWP 53 | Low-Head Dam Removal | Denied** | |
| NWP 54 | Living Shorelines | Denied** | |
| NWP 55 | Seaweed Mariculture Activities | WQC Not Required | |
| NWP 56 | Finfish Mariculture Activities | WQC Not Required | |
| NWP 57 | Electric Utility Line and Telecommunications Activities Issued w/Conditions | Issued w/ Conditions | |
| NWP 58 | Utility Line Activities for Water and other Substances | Issued w/ Conditions | |
| Denied** Projects require individual water quality certification from DEC where blanket water quality certification has been denied. |
Early in the development of a project proposal it may be difficult to determine whether proposed activities are covered under a Corps of Engineers Nationwide Permit and DEC Blanket WQC. As a result, individuals are encouraged to contact the appropriate Corps of Engineers District office and DEC Regional Permit Administrator for guidance before undertaking work.
| UPA Minor | UPA Major |
|---|---|
| Those projects which will not exceed the Minor project thresholds for Protection of Waters, Freshwater Wetlands, or Tidal Wetlands Permits, and which do not involve the approval of construction and operation of hydroelectric generating facilities. |
All other projects are considered MAJOR for purposes of review and public notice as required by the Uniform Procedures Act.. |
Application Checklist for Protection of Waters Permit
Required items include:
- The Joint Application for Permit Form (PDF) (637 KB). See Instructions (PDF) for help completing the Joint Application Form.
- Location Map: A US Geological Survey (USGS) Quadrangle Map, or equivalent, identifying the project location.
- Project Plans:
- Draw plans at a scale of 1" = 50' or larger, including topography at a contour interval prescribed by the region.
- The plan must show the existing conditions and the work to be performed.
- The extent of all fill or excavation and the dimensions of all proposed buildings or structures must be shown on the plans.
- Refer to Sample Plans (PDF)(4 MB).
- Photographs: At least 3 color photographs which clearly depict the site of the proposed activity.
- Water depth demonstration. DEC may require a survey of water depths for new boat mooring structures, such as docks, piers & floats.
- Other information. DEC staff may determine additional information is necessary to adequately review and evaluate the application, such as engineering or supplemental reports, justifying this proposal over alternative sites and alternative layouts or designs which might avoid or minimize impacts to protect the watercourse.
- Additional for Dams and Impoundment Structures.
- The Joint Application Form Supplement D-1 (PDF) (724 KB) -- for Permit for the Construction, Reconstruction or Repair of a Dam or Other Impoundment Structures.
- Include the following specific information:
- Detailed construction plans and specifications done by a licensed professional engineer, or, in the case of farm ponds, by an engineer or conservationist employed by a governmental agency cooperating with a soil conservation district. Hydrologic and other criteria are to be in accordance with the department's "Guidelines for Design of Dams."
- The plans and specifications submitted with the application must include the following information sufficiently detailed for department evaluation of the safety aspects of the dam:
- A plan showing the proposed dam and dam appurtenances, horizontal and vertical controls, the normal water level in the lake or pond, the limits of the owner's property, the location of drill holes, test pits or other foundation exploration, the location of borrow areas, and topographic contours at the dam and around the anticipated reservoir area, including 2-foot contours to 6 feet above high water level.
- A profile along the dam axis from abutment to abutment and a cross section diagram of the dam at its maximum height, showing original, existing, and proposed conditions.
- A profile along the center line and a cross section diagram, or diagrams, of the spillways, including stilling basins, outlet work, and other details of the design of the structures.
- Specifications for the materials and for the methods of construction.
- A description of construction inspection activities, to be performed by the applicant's engineer, to ensure that work is performed in conformance with the approved design.
- A record of subsurface investigation and soils information used by the design engineer or conservationist for foundation and borrow assessment.
- Any additional drawings needed to clearly show all details of the proposed project.
- Samples of foundation, embankment and construction materials need not be furnished unless specifically requested by the Department.
- Additional for Docks, Moorings or Platforms.
- The Joint Application Form Supplement D-2 (PDF) (596 KB) - for Permit for the Construction, Reconstruction or Expansion of Docking and Mooring Facilities (Including Platforms and Breakwaters)
- Include the following specific information:
- Scaled plans, cross-sections and specifications depicting all major structures and the delineated facility perimeters that include a reference point tied to a permanent structure or significant natural features.
- Additional for 401 Water Quality Certification.
- To comply with United States Environmental Protection Agency rules, effective September 11, 2020 concerning Water Quality Certifications, a pre-filing meeting request must be sent to DEC at least 30 days prior to applying. The request can be completed by using the Pre-Filing Meeting Request Form (PDF), which must be sent along with the supporting attachments to the appropriate DEC Regional Permit Administrator.
- The Joint Application Form Supplement WQC-1 (PDF) - for Section 401 Water Quality Certification.
- Environmental Assessment Form (EAF).
In accordance with the State Environmental Quality Review Act (SEQR), your project will require a determination.
- For Type 1 and Unlisted actions, an application is not complete until:
- a properly completed environmental assessment form (EAF) has been submitted,
- a lead agency has been established,
- and 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 EAF Mapper Application is used to complete questions required for both the Short and Full EAF
- If the project is an Unlisted Action, submit a completed Part 1 of a Short EAF.
- If the project is a Type I Action, submit a completed Part 1 of a Full EAF.
- For Type 1 and Unlisted actions, an application is not complete until:
- Structural / Archaeological Assessment Form (SAAF)
- In accordance with the State Historic Preservation Act (SHPA), certain applications are not complete until a determination has been made concerning the impact of the project on properties listed on or eligible for listing on the State or National Register of Historic Places.
- Where applicable, submit a project for review to the NYS Historic Preservation Office (SHPO) through the Cultural Resource Information System (CRIS) to receive an effect finding letter; or
- Submit a completed Structural Archaeological Assessment Form (PDF), with your application. In some cases, a cultural resource survey, including a field study of archaeological or historic features may be needed. See the Applicant's Guide to the State Historic Preservation Act (PDF).
Standards of Issuance
New York State regulations for Protection of Waters Permits ( 6NYCRR Part 608.8 ) Standards states:
The basis for the issuance or modification of a permit will be a determination that the proposal is in the public interest, in that:
- The proposal is reasonable and necessary.
- The proposal will not endanger the health, safety or welfare of the people of the State of New York.
- The proposal will not cause unreasonable, uncontrolled or unnecessary damage to the natural resources of the state including soil, forests, water, fish, shellfish, crustaceans, and aquatic and land - related environment.
DEC reviews each application for a Protection of Waters Permit to determine whether the proposal is consistent with the standards for permit issuance. In each instance DEC considers:
- The effect of a proposal on natural resources such as fish and wildlife habitat, water quality, hydrology, and watercourse and water body integrity.
- Adequacy of project design and construction techniques.
- Operational and maintenance characteristics.
- Safe commercial and recreational use of water resources.
- The water dependent nature of a use.
- The safeguarding of life and property.
- Natural resource management objectives and values.
- Importance of the area for spawning or nesting.
- Applicants should be conscious of these considerations in preparing project plans and justifications supporting applications for permit.
Additional Permits
Your project may also require additional permits under other DEC Permit Programs.
- Activities in navigable waters which also contain regulated freshwater wetlands or tidal wetlands require a permit under the Freshwater Wetlands Act or the Tidal Wetlands Act in addition to the Protection of Waters Permit.
- A project site located within a coastal erosion hazard area in the coastal zone of New York State may also require a permit under the Coastal Erosion Hazard Areas Act.
- Mooring buoys, swim floats and private navigational aids may require a Floating Objects Permits under NYS Navigation Law.
DEC has jurisdiction for this permit in the Adirondack and Catskill Parks. A DEC Application for Floating Object Permit can be obtained from the DEC Regional Permit Administrator for the county where the activity or project is located. NYS Office of Parks, Recreation and Historic Preservation has jurisdiction for the rest of the state; see Jurisdiction of Other Agencies, New York State Office of Parks, Recreation and Historic Preservation on for a contact address.
Contacting the Department
If you are not sure whether your project requires more than one permit, contact the office of the Regional Permit Administrator for the county where the project is located.
If the project requires more than one permit, check all the pertinent boxes at the top of the application submitted. All the materials required for each 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.
More about Protection of Waters Program:
- Stream Crossings - The design and condition of stream crossings determines whether a stream can function naturally and whether animals can move unimpeded along the stream corridor.
- Shoreline Stabilization - Ecological importance of natural shorelines and enlightened approaches to shoreline stabilization.
- Shoreline Stabilization Techniques - The shoreline is a valuable and important area.
- Constructing Recreational and Farm Ponds - Protecting New York State's Aquatic Resources through Permitting
