New York State Wetland Use Assessment Overview (13-NY-a)
State Wetland Use Assessment Overview Process
13-NY-a.1 to 13-NY-a.2 – Will the Project Alter a State Freshwater Wetland or Adjacent Area?
A developer may need to obtain a Freshwater Wetlands permit from the New York State Department of Environmental Conservation (DEC) if the proposed project may alter the State’s freshwater wetlands or adjacent areas. “Freshwater wetlands” generally include lands and submerged lands (commonly called marshes, swamps, sloughs, bogs and flats) that support aquatic or semi-aquatic vegetation and have an area of at least 12.4 acres or, if smaller, have unusual local importance with respect to flood and storm control, wildlife habitat, protection of subsurface water resources, recreational uses, pollution treatment, erosion control, educational and scientific research resources, aesthetic appreciation, or as sources of nutrients, nursery grounds or sanctuaries for freshwater fish. New York – Environmental Conservation Law § 24-0107(1); 6 CRR-NY 663.2.
The DEC regulates activities in freshwater wetlands qualifying for protection under the Freshwater Wetlands Act and in adjacent areas generally extending 100 feet outside of the freshwater wetland boundary. 6 CRR-NY 663.2.
13-NY-a.3 to 13-NY-a.5 – Will the Project Alter a State Tidal Wetland or Adjacent Area?
A developer may need to obtain a Tidal Wetlands Permit from the New York State Department of Environmental Conservation (DEC) if the proposed project will alter a State tidal wetland or adjacent area. Tidal Wetlands Act, 6 CRR-NY Part 661.
Tidal wetlands include all of the State’s salt marshes, non-vegetated and vegetated flats, and shorelines subject to tides.
The DEC regulates activities in tidal wetlands qualifying for protection under the Tidal Wetlands Act and in adjacent areas extending up to 300 feet inland from the wetland boundary, or up to 150 feet inland if within New York City. 6 CRR-NY 661.4. For more information, see:
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- Department of Environmental Conservation – Tidal Wetlands Permit Program (New York)
- Department of Environmental Conservation – Regional Permit Administrators (New York)
- New York Joint Application Form for Permits to Undertake Activities Affecting Waters
- New York – Department of Environmental Conservation Permission to Inspect Property Form
- Department of Environmental Conservation (New York) - Sample Wetlands Plans
- New York Department of Environmental Conservation – Freshwater and Tidal Wetlands: Application Fees FAQS
- New York – Department of Environmental Conservation Regional Office Directory
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