Department of Environmental Conservation

D E C banner

Protection of Waters: Standards for 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:

  1. The proposal is reasonable and necessary.
  2. The proposal will not endanger the health, safety or welfare of the people of the State of New York.
  3. 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:

  1. The effect of a proposal on natural resources such as fish and wildlife habitat, water quality, hydrology, and watercourse and water body integrity.
  2. Adequacy of project design and construction techniques.
  3. Operational and maintenance characteristics.
  4. Safe commercial and recreational use of water resources.
  5. The water dependent nature of a use.
  6. The safeguarding of life and property.
  7. Natural resource management objectives and values.
  8. 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.

Permit Decision

DEC may act on an application for a Protection of Waters Permit by:

  1. Granting a permit approving the manner and extent of alterations to water resources of the state as proposed by the applicant.
  2. Granting a permit with conditions as necessary to protect the health, safety, or welfare of the people of the state and its natural resources.
  3. Denying a permit.

Start Off Right!

Schedule a "pre-application conference" to acquaint Department staff with your proposal. Be receptive to staff's suggestions for meeting the above standards.

  • Contact for this Page
    Division of Environmental Permits
    4th Floor
    625 Broadway
    Albany, NY 12233-1750
    Send us an email
  • This Page Covers
  • Page applies to all NYS regions