Freshwater Wetland Jurisdictional Determination

A determination as to whether a property or an Area of Interest on the 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.

1. DEC will review and verify all information submitted to process your request. If needed, DEC will contact you for additional information.
2. Using aerial imagery, wetland mapping databases (e.g., National Wetlands Inventory, National Land Cover Database) DEC will determine if wetlands within a parcel or area of interest are jurisdictional and will assign the appropriate wetland classification. The extent of the wetlands on the parcel or area of interest will not be given. To obtain this information a wetland delineation needs to be done to confirm wetland boundaries.
3. 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. 

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 an Article 24  permit for any activities within the defined parcels. However, a federal wetland permit may be required and you should contact the U.S. Army Corps of Engineers for further compliance guidance. 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.

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.

After receiving a positive Parcel JD, the boundaries of the wetlands on the parcel must be delineated, or mapped, to determine potential impacts within a proposed project area. .

1. Contact the Regional DEC Office to schedule a site visit to delineate wetlands at no cost; OR
2. Hire an environmental consultant to delineate wetlands that must then be verified by DEC.

Wetland delineations do not have a specific deadline for completion because weather or ground conditions may prevent the department from being able to engage in field review.  Delineations 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.

This step determines if the planned activity within a location that has regulated freshwater wetlands and/or adjacent areas requires a permit. After identifying the wetland boundaries, the project can be designed to avoid or minimize impacts on wetlands. If regulated wetlands cannot avoid being impacted, a Freshwater Wetlands Permit is required to continue with your project.

• 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.

The Department has 90 calendar days, provide a JD letter indicating the status of jurisdictional wetlands (i.e., positive or negative) within your requested area.
 

The 90-day review period for Parcel and Project JD requests does not apply to the Wetland Delineation or Consultant Option Process because weather or ground conditions may prevent the department from being able to engage in a delineation or field review of consultant delineated wetlands.