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 under the Freshwater Wetlands Act (PDF). This determination helps define boundaries and characteristics of wetlands that require protection from degradation to maintain their functionality at optimal levels. DEC has 90 days to provide a JD letter after a request has been made, indicating the status of jurisdictional wetlands (i.e., positive or negative) within your requested area. Jurisdictional determinations are effective for 5 years after the date of issuance.
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. Jurisdictional determinations are needed to protect the State’s wetlands, ease confusion for project planning, and ensure people are within regulatory compliance.
Project Planning: Knowing if jurisdictional wetlands are present can significantly influence project design and planning. Ensuring that your project adheres to environmental regulations by avoiding jurisdictional wetlands can help prevent costly delays and modifications.
Regulatory Compliance: If you are planning any activities that may impact a 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 in order to be in compliance with The Freshwater Wetland Act.
Types of Jurisdiction Determinations
A parcel jurisdictional determination is an assessment made by DEC as to whether a property includes regulated freshwater wetlands 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.
A project jurisdictional determination is a determination made by DEC as to whether a proposed activity within a parcel containing regulated freshwater wetlands or regulated adjacent areas requires a permit.
For a comprehensive understanding on how the department makes remote jurisdictional determinations 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).
Parcel Jurisdictional Determination Process
After submitting the parcel jurisdictional determination 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 are having issues submitting your request, please contact ([email protected])
- 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), and any available wetland delineation data, 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 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 jurisdictional determination means there are no protected wetlands 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 jurisdictional determination means there are protected wetlands within the area indicated in your request. Please coordinate with regional DEC staff to determine if a wetland permit maybe needed.
Note: For projects sponsors who have hired consultants, there is another option for parcel jurisdictional determination (PDF).
Project Jurisdictional Determination Process
To obtain a negative project jurisdictional determination or apply for a wetland permit, DEC must first verify the boundaries of any jurisdictional wetlands within a proposed project area. Contact the Regional DEC Office to schedule a site visit. DEC can delineate wetlands or verify wetlands delineated by a consultant. Following a site visit, DEC will provide a validation form for verified jurisdictional wetlands.
If your project does not overlap any jurisdictional wetlands or regulated adjacent areas, you do not need to obtain a wetland permit. You may request a negative project jurisdictional determination from regional DEC staff. Within 90 days of requesting a negative project jurisdictional determination, DEC will determine if all project components are proposed outside of jurisdictional wetlands or regulated adjacent areas and will issue a jurisdictional determination.
If your project does overlap jurisdictional wetlands or regulated adjacent areas, you may need a wetland permit. Discuss with DEC how your project may avoid any wetland and/or regulated adjacent areas impacts or how your project may minimize or mitigate any proposed wetland and/or regulated adjacent area impacts as part of the permitting process to obtain a wetland permit.
Once you have a delineation of onsite wetlands, a regional validation of jurisdictional wetlands including the classifications, and project plans, you can proceed to the Division of Environmental Permitting (DEP).
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.
Apply for a Jurisdictional Determination
To apply for a freshwater wetland JD, submit an online request to DEC and provide your name, parcel address and ID number, and your contact information.