A freshwater wetland Jurisdictional Determination (JD) is a formal assessment conducted by DEC to determine if an area meets the criteria for classification as a regulated freshwater wetland and/or adjacent area under the Freshwater Wetlands Act. This determination helps define boundaries and characteristics of wetlands that require protection from degradation to maintain their functionality at optimal levels. Protecting New York’s natural resources is a shared responsibility and understanding the role of freshwater wetlands is essential for sustainable development and environmental stewardship.
Freshwater Wetland Jurisdictional Determination
Got Wetlands? Submit the Parcel Jurisdictional Determination Request Form Below to Find Out
Note: One jurisdictional request per parcel. This streamlines the process to ensure quicker response time.
After submitting the parcel JD request online, an email confirmation will be sent to the applicant that includes a summary of all of the information provided. Be sure to check all Junk or Spam folders for a confirmation email from DEC. If you did not receive an email or your information is incorrect, please resubmit your request with the correct information.
If you’re unable to submit an online application, please complete the DEC Jurisdiction Determination Application (PDF) and submit it to DEC by following the instructions provided on the application.
JDs are necessary to protect the State’s wetlands, ease confusion for project planning, and ensure people are within regulatory compliance.
Project Planning: Knowing if jurisdictional wetlands and/or adjacent areas are present can significantly influence project design and planning. Ensuring that your project adheres to environmental regulations by avoiding jurisdictional wetlands and/or adjacent area can help prevent costly delays and modifications.
Regulatory Compliance: If you are planning activities that may impact a jurisdictional wetland area such as construction, land development, filling or dredging, it’s essential to know whether your project falls within a regulated wetland or adjacent area. The JD is the starting point in the process to understand what the next steps you are going to have to take to be in compliance with The Freshwater Wetland Act.
Jurisdiction Determination Process
A determination as to whether a property includes regulated freshwater wetlands and/or regulated adjacent areas within the area boundaries. The parcel jurisdictional determination does not state the extent of the wetlands on the property, only if there are jurisdictional wetlands present.
- DEC will review and verify all information submitted to process your request. If needed, DEC will contact you for additional information.
- Using aerial imagery, wetland mapping databases (e.g., National Wetlands Inventory, National Land Cover Database) DEC will determine if wetlands within a parcel are jurisdictional and will assign the appropriate wetland classification. The extent of the wetlands on the parcel will not be given. To obtain this information a wetland delineation needs to be done to confirm wetland boundaries.
- Within 90 calendar days, DEC will provide a JD letter indicating the status of jurisdictional wetlands (i.e., positive or negative) within your requested area.
For a comprehensive understanding on how the department makes a remote JD read the Standard Operating Procedures (SOP) for Remote Jurisdictional Determinations and Classification of Freshwater Wetlands Pursuant to 6 NYCRR Part 664, Freshwater Wetland Jurisdiction and Classification (PDF).
A negative parcel JD means there are no protected wetlands or adjacent areas within the area indicated in your request and you do not require a wetland permit for any activities within the defined parcels.
A positive parcel JD means there are protected wetlands and/or adject areas within the area indicated in your request. A Project JD is required to determine if a wetland permit may be needed.
If you’ve submitted a parcel JD and have not heard back from DEC after 90 calendar days, you must send a certified letter with return receipts notifying of failure to meet the 90-day determination deadline to the following address. The certified letter must contain the requestor’s name, and a copy of any materials sent to the department with the initial request. DEC is required to respond to the certified letter within 10 business days.
New York State Department of Environmental Conservation
Director of Division of Fish and Wildlife
625 Broadway
Albany, NY 12233-4750
If the department fails to provide a definite answer within 10 business days of the receipt of such notice, freshwater wetland jurisdiction for the subject parcel shall be deemed waived for a period of five years
After receiving a positive Parcel JD, the wetlands on the parcel must be delineated (wetland boundaries mapped) to determine potential impacts within a proposed project area.
Contact the Regional DEC Office to schedule a site visit to delineate wetlands at no cost or you may also hire an environmental consultant to delineate wetlands that must then be verified by DEC.
Wetland delineation does not have a specific deadline for completion. These assessments rely on the presence of vegetation, which can only be observed during certain seasons. Additionally, the workload in the region affects when delineations can be conducted. They are carried out in the order that requests are received.
For a comprehensive understanding on how the department does delineations read NYSDEC Freshwater Wetlands Delineation Manual (PDF). This document provides a technical, though not mandatory, methodology for assisting in performing field delineations of freshwater wetlands for the Freshwater Wetlands regulatory program. It is similar to the federal Wetlands Delineation Manual used by the federal agencies in regulating wetlands.
A determination as to whether a proposed activity within a parcel containing regulated freshwater wetlands and/or regulated adjacent areas requires a permit. Further coordination with DEC is required to ensure your project avoids jurisdictional wetlands and/or regulated adjacent area impacts and/or minimizes or mitigate any impacts on regulated wetlands and/or adjacent area. If regulated wetlands and/or adjacent area can’t be avoided, a Freshwater Wetland’s Permit is required to proceed with project activities.
A negative Project JD will be provided if your project does not overlap any jurisdictional wetlands or regulated adjacent areas.
A positive Project JD results in the requirement of an Article 24 Wetland Permit if a project does overlap jurisdictional wetlands and/or regulated adjacent areas.
Please note: If your project or limit of disturbance (LOD) changes after a project JD has been issued, a new DEC delineation or validation may be needed. Please provide regional DEC staff the revised project plans and detail all project changes.
Note
- For projects sponsors who have hired consultants, there is another option for Consultant Option Parcel JD (PDF).
- If you believe that your project site does not contain jurisdictional wetlands or adjacent areas and are therefore seeking a Non-jurisdictional letter, submitting a parcel JD request will help you obtain it.
Contact for Freshwater Wetlands
If you are having difficulties with submitting a JD request, please contact [email protected] for further assistance.
To receive a Project JD, and/or a Wetland Permit, contact your local DEC Regional Office at the below listed emails. View a Map of All DEC Offices to locate a Regional Office near you.
| Region | Mailing Address | |
|---|---|---|
| 1 (Nassau and Suffolk Counties) | NYSDEC Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook, NY 11790-3409 | [email protected] |
| 2 (Bronx, Kings, New York, Queens, and Richmond Counties) | NYSDEC Region 2 1 Hunters Point Plaza 47-40 21st Street Long Island City, NY 11101-5401 | [email protected] |
| 3 (Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester Counties) | NYSDEC Region 3 21 South Putt Corners Road New Paltz, NY 12561-1696 | [email protected] |
| 4 (Albany, Columbia, Delaware, Greene, Montgomery, Otsego, Rensselaer, Schenectady, and Schoharie Counties) | NYSDEC Region 4 Stamford Sub-Office 65561 State Highway 10, Suite 1 Stamford, NY 12167 | [email protected] |
| 5 (Clinton, Essex, Franklin, Fulton, Hamilton, Saratoga, Warren, and Washington Counties) | (North) NYSDEC Region 5 (South) NYSDEC Region 5 | [email protected] |
| 6 (Herkimer, Jefferson, Lewis, Oneida, and St. Lawrence Counties) | (North) NYSDEC Region 6 (South) NYSDEC Region 6 | [email protected] |
| 7 (Broome, Cayuga, Chenango, Cortland, Madison, Onondaga, Oswego, Tioga, and Tompkins Counties) | NYSDEC Region 7 5786 Widewaters Parkway Syracuse, NY 13214-1867 | [email protected] |
| 8 (Chemung, Genesee, Livingston, Monroe, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, and Yates Counties) | NYSDEC Region 8 6274 East Avon-Lima Road Avon, NY 14414-9519 | [email protected] |
| 9 (Allegany, Cattaraugus, Chautauqua, Erie, Niagara, and Wyoming Counties) | NYSDEC Region 9 700 Delaware Avenue Buffalo, NY 14209 | [email protected] |
Appeals Process
Landowners may appeal positive JDs by meeting with DEC for an initial consultation and providing a delineation of the wetlands identified in the JD. If the landowner does not already have a delineation, they may request DEC delineate the boundary of the particular wetland or wetlands on their property prior to the date of the initial consultation.
After the initial consultation, the landowner must submit a complete Freshwater Wetlands Jurisdictional Determination Appeal application (PDF). Appeals must be filed within 120 days of the consultation and sent by certified mail with a return receipt to:
New York State Department of Environmental Conservation
Director of the Division of Fish and Wildlife
625 Broadway
Albany, NY 12233-4750
DEC will make a written decision within 60 days of receiving a complete appeal application. If another visit to the property is needed, DEC may extend this deadline by up to 30 days. While the appeal is being reviewed, the original determination remains in effect.
To appeal, you must show technical information proving one of these:
- Important facts were left out.
- The current rules were applied incorrectly.
- Guidance for identifying wetlands and their boundaries was not applied correctly.
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