Do You Need Permits?

Do You Need Permits?

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Yes, Permits or Reviews Are Required

Construction, expansion, modification, or removal of water-based wind or hydrokinetic renewable energy generation pilot projects and their attendant features

Based on what you told us, you will need waterfront permits and authorizations from:

Yes

Army Corps

Yes

Yes

NYS DEC

Yes

Maybe

NYS DOS

Maybe

Maybe

NYC DCP

Maybe

First Steps – Research & discussions

General Information

  • 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

  • Army Corps may need to conduct an individual project review. Contact the Army Corps to discuss your project scope and whether you need to apply.
  • Your project may be eligible for a Nationwide Permit (#52) from the Army Corps.  Nationwide Permits, if granted, are generally processed more quickly, provided you meet the criteria (read the Regional Conditions to see if you do).
  • NYS DOS review is not required unless a federal review or permit (such as by Army Corps) is needed. Contact DOS to determine whether you need to submit an application.
  • If a NYS DOS review is required, you will also need to submit a copy of your application to the NYC DCP for a WRP consistency review.

Next – Prepare your Joint Application

More requirements for development near a wetland
For a high level checklist of what each agency requires, see: Joint Application Checklist

Then – Send in your application

U.S. Army Corps of Engineers

Address
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

Address
Regional Permit Administrator
New York State Department of Environmental Conservation
Region 2
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

Address
Consistency Review Unit
Office of Planning and Development
New York State Department of State
Suite 1010
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

Address
Michael Marrella
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?

For more information about what happens following your submission of an application, see Steps in the Permitting Process and Typical timeframes for review

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