STATE
REGULATIONS
New York State Department
of Environmental Conservation (DEC): Wetlands
12.4 acres or greater in size.
A
permit is required for any project
proposing to drain, dredge, excavate, fill,
build a structure or obstruction within,
or otherwise disturb a designated freshwater
wetland, including a 100-foot buffer
around the wetland. Generally, routine
agricultural practices not involving
filling wetlands are exempt from this
regulation.
In New York State, the Freshwater
Wetlands Act was passed in
1975 with the "intent to preserve,
protect and conserve freshwater wetlands
and their benefits, consistent with
the general welfare and beneficial
economic, social and agricultural development
of the state." This Act applies
to wetlands that are at least 12.4
acres or larger. Smaller wetlands
may be protected if they are considered
of unusual local importance. An
adjacent area of 100 feet around
every wetland is also protected.
Under this act, certain
activities are exempt from regulation,
while other are regulated if they could
have a negative impact on the wetland.
These regulated activities require a
permit to proceed. Almost any activity
which may adversely impact the natural
values of the wetlands or their adjacent
areas is regulated.
Some activities requiring a permit
include:
- Construction of buildings,
roadways, septic systems,
bulkheads, dikes, or dams;
- Placement of fill,
excavation, or grading;
- Modification, expansion,
or extensive restoration
of existing structures;
- Drainage, except for
agriculture;
- Application of pesticides
in wetlands.
NO DEC
permit is required for:
- Normal agricultural
practices, except filling,
clear cutting of trees, or construction
of non-agricultural structures;
- The harvesting of natural
products and recreational
activities (fishing, hunting, trapping,
hiking, swimming, picnicking, or firewood
collection);
- Continuance of lawfully
existing land uses;
- Routine maintenance
of existing functional structures,
such as repairing broken docks, repainting
structures, or resurfacing
paved areas; and
- Selective cutting of
trees and harvesting of fuel
wood (not clear cutting).
The NYSDEC web page A
Brief Description of the Freshwater
Wetlands Act and What it Means to Wetlands
Landowners is a good reference
for landowners.
New York State Department
of State: Coastal Wetlands
Any regulated change to a wetland found along the Lake
Ontario coastline is reviewed by the New York State Department of State for consistency with state Law. If federal approval
is required for an action to take place
in a wetland, the federal agency, usually the U.S. Army Corps of Engineers, must
obtain Coastal
Consistency Certification from the New York
State Department of State. You will
usually be informed of this by the federal
agency involved, who will need to
make a such certification part of its
permit decision. If federal approval
is not required, the DEC will need to
make State Coastal Consistency Certification
a part of its permit decision. It is recommended that all coastal wetland owners considering a change to their wetlands contact their local U.S. Army Corps of Engineers office to determine whether federal approval is required.
New York State Office of
General Services (OGS)
If your project
involves any New York State-owned
underwater land you must
obtain the necessary approvals
or easements for their use
from the OGS. DEC will notify
OGS of your project, if state
owned underwater lands appear
to be involved. Visit the OGS
Land Underwater Program
FAQ page for a brief
overview of the permits you
may need.
top
U.S. Army Corps
of Engineers
The U.S. Army Corps of
Engineers protects wetlands under Section
404 of the U.
S. Environmental Protection Agency Clean
Water Act. This Act includes wetlands
less than 12.4 acres in size. Section
401 of the Clean Water Act allows states
to review and approve, condition or deny
all federal permits or licenses that
might result in a discharge into waters
in New York, including wetlands. Once
a request is reviewed and approved by the state, the
state issues a Water Quality Certificate.This
certificate certifies that the proposed
activity will not violate water quality
standards and that it complies with other
appropriate requirements of New York
State law. These activities include:
the placement of dredge and fill material
in waters of the U.S.; erosion control
or property protection devices such as
rip-rap and bulkheads; and fill for recreational,industrial,commercial, residential and
other uses. Exempt activities include:
established, ongoing farming activities,
such as plowing, harvesting, seeding,
minor drainage, and cultivating; and
maintenance of irrigation ditches, farm
ponds, stock ponds or farm roads, in
accordance with best management practices.
Contact your local
U.S. Army Corps of Engineers office for more information.
top
LOCAL
REGULATIONS
Under
the Freshwater
Wetlands Act, local governments
may assume jurisdiction for regulating
wetlands once the NYSDEC has filed
a map for local areas. Therefore,
your municipality or county may
be the regulating body. For questions
of jurisdiction, check with the
appropriate NYSDEC
Regional Office for the county
where the wetland is located or
with the local government. The Division
of Environmental Permits staff
can advise you of which agency
has permit jurisdiction.
Finally, county, city, town or village building
permits, flood plain permits, or other approvals
may be necessary. You should check with the
appropriate offices. You must inform DEC of
any other local approvals needed for your project to enable a coordinated review among
all involved agencies.
top
