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. To gain a clear understanding of how the department remotely identifies and classifies state-jurisdictional freshwater wetlands, review 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 - May 2026 (PDF).
Freshwater Wetland Jurisdictional Determination
DEC is committed to the continued protection of wetlands and the many environmental and economic benefits they provide. On April 8, 2026, the Albany County Supreme Court issued a decision affecting DEC freshwater wetlands regulations. DEC has thoroughly evaluated the decision and its potential implications on freshwater wetlands permitting and enforcement programs in accordance with existing State law. As a result of the decision, DEC continues to uphold New York's Freshwater Wetland Act by exercising regulatory protections for freshwater wetlands that remain jurisdictional. DEC will require applications for projects that will impact Previously Mapped Freshwater Wetlands and/or wetlands of 12.4 acres or greater in size. To request a reassessment of freshwater wetland jurisdiction for jurisdictional determination(s) you received between January 1, 2025, through April 8, 2026, please complete the online reassessment request below.
JDs are necessary to protect the State’s wetlands, ease confusion for project planning, and ensure people are within regulatory compliance.
It’s essential to consider jurisdictional wetlands and adjacent areas when planning a project as they can impact design and compliance with regulations. Avoiding these areas helps prevent delays. Before construction or land development activities, determine if your project is in a regulated area by completing the online JD request form to ensure compliance with The Freshwater Wetland Act.
Submit Application By Mail
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.
Jurisdiction Determination Process
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.
- 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 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.
- 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. .
- Contact the Regional DEC Office to schedule a site visit to delineate wetlands at no cost; OR
- 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.
Consultant Option – Parcel Jurisdictional Determination Process
DEC’s Freshwater Wetlands Program, Consultant Option - Parcel Jurisdictional Determination Process provides wetland practitioners with the option of drafting positive parcel jurisdictional determinations for project areas in which they’ve identified the presence of state jurisdictional wetlands or regulated adjacent areas following DEC’s Standard Operating Procedures (SOP) for Remote Jurisdictional Determination and Classification of Freshwater Wetlands - May 2026 (PDF). Please see our Consultant Option Process Reference Guide (PDF) and Consultant Option Process Q&A (PDF) for complete details.
Submit Consultant Option - Jurisdictional Determination Package using the Form Below:
Process Timelines
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.
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, contact your regional Bureau of Habitat at the below listed emails. To apply for a Wetland Permit, contact your regional Division of Permits. View a Map of All DEC Offices to locate a Regional Office near you.
| Mailing Address | |
| NYSDEC Region 1 SUNY @ Stony Brook 50 Circle Road Stony Brook, NY 11790-3409 | [email protected] |
| Mailing Address | |
| NYSDEC Region 2 1 Hunters Point Plaza 47-40 21st Street Long Island City, NY 11101-5401 | [email protected] |
| Mailing Address | |
| NYSDEC Region 3 21 South Putt Corners Road New Paltz, NY 12561-1696 | [email protected] |
| Tarrytown sub-office: 220 White Plains Road, Suite 110, Tarrytown, NY 10591 | [email protected] |
| Mailing Address | |
| Headquarters: 1130 North Westcott Road, Schenectady, NY 12306-2014 | [email protected] |
| NYSDEC Region 4 Stamford Sub-Office 65561 State Highway 10, Suite 1 Stamford, NY 12167 | [email protected] |
| Mailing Address | |
| (North) NYSDEC Region 5 1115 NYS Route 86 P.O. Box 296 Ray Brook, NY 12977-0296 | [email protected] |
| (South) NYSDEC Region 5 Warrensburg Sub-Office 232 Golf Course Road Warrensburg, NY 12885 | [email protected] |
| Mailing Address | |
Jefferson and Lewis Counties NYSDEC Region 6 | [email protected] |
St. Lawrence County NYSDEC | [email protected] |
Herkimer and Oneida Counties NYSDEC | [email protected] |
| Mailing Address | |
| NYSDEC Region 7 5786 Widewaters Parkway Syracuse, NY 13214-1867 | [email protected] |
| NYSDEC Bureau of Habitat 1285 Fisher Ave. Cortland, NY 13045 | [email protected] |
| NYSDEC Division of Permits 5786 Widewaters Parkway Syracuse, NY 13214 | [email protected] |
| Mailing Address | |
| NYSDEC Region 8 6274 East Avon-Lima Road Avon, NY 14414-9519 | [email protected] |
| Bath sub-office: 7291 Coon Road, Bath, NY 14810 | [email protected] |
| Elmira sub-office: 100 North Main St., Suite 104, Elmira, NY 14901 | [email protected] |
| Mailing Address | |
| NYSDEC Region 9 700 Delaware Avenue Buffalo, NY 14209 | [email protected] |
| Allegany sub-office: 182 East Union Street, Suite 3, Allegany, NY 14706 | [email protected] |
Helpful Resources
The information provided below summarizes the Parcel and Project JD process and offers clarifying information about how and when to submit a JD request.