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 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.
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.

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 is completed and if the landowner still wants to appeal, they must submit a completed Freshwater Wetlands Jurisdictional Determination Appeal Application. The application must include all required information. Appeals must be filed within 120 days of the consultation. 

Appeals should be sent by certified mail with a return receipt to the Director of the Division of Fish and Wildlife at:

New York State Department of Environmental Conservation
Division Director of Fish and Wildlife
625 Broadway
Albany, NY 12233-4750

DEC will make a written decision within 60 days of receiving a complete 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 stays in effect.

To appeal, you must show technical information proving one of these:

1. Important facts were left out.
2. The current rules were applied incorrectly.
3. Guidance for identifying wetlands and their boundaries was not applied correctly.

If you’ve submitted a parcel or project 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
 

The 90-day review period for Parcel and Project JD requests does not apply to the Wetland Delineation or Consult 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.