Water Resource Law (ECL Article 15, Title 15) defines "agricultural purposes" as: "farming for crops, plants, vines, trees, and the keeping, grazing or feeding of livestock for sale of livestock or livestock products, and the on-farm processing of crops, livestock, and livestock products." Note that multiple proximate parcels of land under the ownership or control of the same business entity or legally responsible party are generally considered to be one agricultural facility.
Water withdrawal regulations (6 NYCRR Part 601) require that all agricultural facilities that registered or reported their existing withdrawals to DEC prior to February 15, 2012, must annually register those withdrawals with DEC. A complete registration consists of an annual Water Withdrawal Reporting Form (see below) completed for the previous calendar year. That report is due by March 31 of each year and is required regardless of the amount of water withdrawn during the reporting year.
While an agricultural water withdrawal permit is not required for the existing withdrawals that were registered in 2012, a permit is required for new sources or increased capacity added since that date. A permit is also required if an agricultural facility is withdrawing water equal to or in excess of an average of 100,000 gallons per day in any 30-day consecutive period (3 million gallons during a 30-day period) ("threshold volume") and did not report prior to February 15, 2012. A permit is not required for an agricultural facility that withdraws less than the threshold volume year-round.
Please note that if your facility is located on Long Island (Kings, Queens, Nassau or Suffolk counties) and withdraws water from a well or wells with a combined capacity in excess of 45 gallons per minute, a Long Island Well Permit may be required instead of or in addition to a water withdrawal permit. Please contact the DEC Region 1 regional permit administrator for additional information.
If your facility is located in the Delaware or Susquehanna River Basin, you may need an approval from the Basin Commission instead of a water withdrawal permit. Please contact the Delaware River Basin Commission or the Susquehanna River Basin Commission for more information.
Permits for Agricultural Facilities
Agricultural facilities may be required to obtain an agricultural water withdrawal permit depending on several factors. Use the agriculture water withdrawal permitting decision tree (PDF) and review the examples below to help you determine whether you must apply for a water withdrawal permit. Agricultural Water Withdrawal permit application procedures and forms are available. If a water withdrawal permit is not necessary for your facility, please note that other DEC permits may be required for the installation of intakes, pipelines, wells, or any other works or structures related to the withdrawal of water. Please contact your local Regional Permit Administrator to determine if additional permits are necessary for your project.
- A permit is not necessary for an agricultural facility that withdraws less than the threshold volume year-round.
- A permit is not necessary for an agricultural facility that registered its existing withdrawals by reporting their annual water usage prior to February 15, 2012, as long as it has not increased its withdrawal capacity by adding new sources, higher capacity pumps, or larger conduits since that date. Registered withdrawals are only subject to the annual reporting and registration requirements.
- A permit is not necessary for purchased water regardless of delivery method (trucked, service line, or other).
- A permit is required for any agricultural facility that did not register or report usage prior to February 15, 2012, and that withdraws water equal to or in excess of an average of 100,000 gallons per day in any thirty-day consecutive period (3 million gallons during a 30-day period)
- A permit is required for an agricultural facility that registered its existing withdrawals if it meets the threshold volume and plans to increase its withdrawal capacity by installing new pumps or increasing the size of conduits in order to withdraw more water.
- A permit is required for an agricultural facility that registered its existing withdrawals if it meets the threshold volume and plans to add a new source (surface or groundwater) in order to withdraw more water.
- A permit is required for any agricultural facility that currently does not meet the threshold volume, but plans to add a new source or increase pumping capacities to increase water usage, placing the facility above the threshold volume.
- A permit is required for any new agricultural facility that meets the threshold volume.
Annual Reporting for Agricultural Facilities
All agricultural facilities that reported or registered their existing groundwater or surface water withdrawals prior to February 15, 2012, must continue to report those withdrawals to DEC annually. This report is due by March 31 of each year and is required regardless of the amount of water withdrawn during the reporting year.
The Water Withdrawal Reporting Form may be completed and submitted online using DEC's online form tool, nForm. Users must have a NY.gov account and use the Chrome, Firefox, or Microsoft Edge browser. If you need assistance creating a NY.gov account or signing-in, contact NY.gov at (518) 474-7497 or (800) 697-1323. If you need assistance completing the annual reporting form, contact us at [email protected].
Nassau & Suffolk County Agricultural Water Withdrawals
Wells drilled in Nassau and Suffolk Counties for the purpose of agriculture are regulated under the Long Island Well Program (6 NYCRR Part 602) if the combined capacity of all the wells on the property exceeds 45 gallons per minute. For more information, forms, and application procedures, visit Long Island Water Withdrawals.
Abandoned Wells
Poorly maintained or abandoned wells pose a risk of groundwater contamination. DEC recommends that such wells be properly decommissioned.
Agricultural Water Withdrawal Permit Application Procedures
Water withdrawal regulations (6 NYCRR Part 601) require a water withdrawal permit if an agricultural facility that did not report prior to February 15, 2012 is withdrawing water equal to or in excess of an average of 100,000 gallons per day in any 30-day consecutive period (3 million gallons during a 30-day period) ("threshold volume").
While an agricultural water withdrawal permit is not required for the existing withdrawals that were registered in 2012, a permit is required for new sources or increased capacity added since that date.
Please note that if your facility is located on Long Island (Kings, Queens, Nassau and Suffolk counties) and withdraws water from a well or wells with a combined capacity in excess of 45 gallons per minute, a Long Island Well Permit may be required instead of or in addition to a water withdrawal permit. Please contact Region 1 Division of Environmental Permits for additional information.
If your facility is located in the Delaware or Susquehanna River Basin, you may need an approval from the Basin Commission instead of a water withdrawal permit. Please contact the Delaware River Basin Commission or the Susquehanna River Basin Commission for more information.
Water Withdrawal Permit Application
This page contains forms and tools to help guide an applicant through the water withdrawal permit process. A pre-application meeting to discuss the specifics of your proposed withdrawal with DEC is strongly encouraged. This meeting allows the applicant to clarify project objectives and obtain DEC's recommendations. Such feedback can improve the project environmentally and shorten the application process. Contact your local regional permit administrator to schedule a meeting.
Items required for a complete water withdrawal permit application include:
- Applicant Checklist for Water Withdrawal Permit (PDF) - Use either this version or the fillable version immediately below.
- Engineering Report (PDF) - must be signed and stamped by an NYS registered Professional Engineer (P.E.)
- General Map indicating withdrawal locations, works associated with the withdrawal system, property boundaries, and all dams, reservoirs, well sites, ponds, wetlands, weirs, diversion structures or other known withdrawals in the vicinity.
- Joint Application Form (PDF)
- Water Withdrawal Application Supplement WW-1 (PDF)
- Water Conservation Program Form for Non-Public Supplies (PDF)
- State Environmental Quality Review Act (SEQR) Environmental Assessment Form (EAF)
- Pumping Test Report (A pumping test is required for new groundwater sources. For existing groundwater sources, contact your local regional permit administrator.)
How to Submit an Application
Contact your local regional permit administrator with questions about completing the application forms and other required information for your application or to schedule a pre-application meeting.
Application packages should consist of two (2) paper copies and one (1) electronic copy addressed to your local regional permit administrator.
Additional information can be found on our application procedures webpage.
