Yes, Permits or Reviews Are Required
New commercial, industrial, or institutional construction near a wetland
Based on what you told us, you will need waterfront permits and authorizations from:
First Steps – Research & discussions
- Are there any existing violations on the project site? If so, talk to both Army Corps and NYS DEC to resolve these – before you apply
- Large, complex, projects generally require in-person meetings to discuss project scope and alternatives prior to application. Contact the Army Corps and the NYS DEC first to discuss your project and how best to proceed.
- There are numerous land use restrictions for projects near New York State wetlands. The NYS DEC can help you determine whether your project scope is compatible with the area.
- For new projects near wetlands, applicants should contact the NYS DEC for a jurisdictional determination and to coordinate the delineation and flagging of the wetland boundary.
- Be sure you have permissions to build. This includes 3rd party landowner permissions, if any, and Lands Under Water easements (contact NYS Office of General Services to determine ownership). You’ll need permissions as part of your application.
- Prepare or obtain a site map showing accurate, updated property ownership and information on existing site conditions. More about Existing Site Conditions
- An Army Corps Nationwide Permit #39 may be required for discharges into Non-tidal waters not exceeding ½ acre of loss of non-tidal waters.
- An NYC WRP consistency review is required for this project, since a NYS DOS review is required. Thoroughly review the NYC Waterfront Revitalization Program policies, as you may need to refer to them in your application.
Next – Prepare your Joint ApplicationMore requirements for development near a wetland
Then – Send in your application
- All agencies require hard copies to be mailed.
- For NYS DEC’s requirements, see: DEC Waterfront Activities Application Checklist
- U.S. Army Corps of Engineers
U.S. Army Corps of Engineers, NY District
Regulatory Branch, Room 1937
26 Federal Plaza
New York, NY 10278-0090
Phone (917) 790-8511
Fax (212) 264-4260
- NYS Department of Environmental Conservation
Regional Permit Administrator
New York State Department of Environmental Conservation
1 Hunter’s Point Plaza
47-40 21st Street
Long Island City, NY 11101-5401
E-mail [email protected]
Phone (718) 482-4997
Fax (718) 482-4975
- NYS Department of State
Consistency Review Unit
Office of Planning and Development
New York State Department of State
One Commerce Place, 99 Washington Avenue
Albany, NY 12231-0001
E-mail [email protected]
Phone (518) 474-6000
Alternate: (518) 474-6572
- NYC Department of City Planning
Director of Waterfront and Open Space
New York City Department of City Planning
20 Broadway, 31st Floor
New York, NY 10271
Email [email protected]
Phone (212) 720-3626
What happens next?
Additional Authorizations You May Need
Factors such as location, type of improvements and end use may require additional permits and authorizations in order to perform your specific project. For more information, see Related Permits and Reviews