Jurisdictions Of Other Agencies
In some instances, agencies other than the New York State Department of Environmental Conservation (DEC) may have concurrent jurisdiction over an application for a permit. DEC may enter into agreements with such agencies for joint processing of the application, including provision for joint notices and hearings.
For your DEC application, you must notify DEC of any other approvals needed for your project. These may include:
Federal:
New York State:
- New York State Department of State
- Adirondack Park Agency
- New York State Office of General Services
- New York Power Authority
- New York State Office of Parks, Recreation and Historic Preservation
- New York State Canal Corporation
- New York State Department of Health
Regional Agencies:
- Lake George Park Commission
- Hudson River - Black River Regulating District
- The Delaware and Susquehanna River Basin Commissions
- New York City Department of Environmental Protection
- Local Governments
U.S. Army Corps of Engineers
The Corps of Engineers regulates the dredging, the discharge of dredged or fill material, and the construction of certain structures in waterways and wetlands. When you propose activities in or adjacent to any waters or wetlands, contact the Corps of Engineers.
Be Aware:
- Being told that DEC will not require a permit for your project doesn't necessarily mean the Corps of Engineers won't require one. - You must contact the Corps to find out!
- Likewise, obtaining a DEC permit doesn't relieve you from complying with federal law and with the regulations implemented by the Corps of Engineers. You bear the responsibility to inform them and ensure compliance.
For more information, contact the appropriate office of the Corps of Engineers:
In DEC Regions 1, 2 and 3
US Army Corps of Engineers
New York District
ATTN: Regulatory Branch, Room 1937
26 Federal Plaza
New York, NY 10278-0090
Telephone: For DEC Regions 1, 2 - (917) 790-8511
For DEC Region 3 - (917) 790-8411
email: [email protected]
In DEC Regions 4 and 5
US Army Corps of Engineers
New York District
Upstate Regulatory Field Office
ATTN: CENAN-OP-RU, Bldg. 10
3rd Floor North
1 Buffington Street
Watervliet, NY 12189-4000
Telephone: (518) 266-6350 (Permits Processing Team)
(518) 266-6360 (Permits Compliance and Enforcement)
email: [email protected]
In DEC Regions 6, 7, 8 and 9
US Army Corps of Engineers
Buffalo District Office
ATTN: Regulatory Branch
1776 Niagara St.
Buffalo, NY 14207-3199
Telephone: (716) 879-4330
email: [email protected]
New York State Department of State (DOS)
Coastal Consistency Determiniations
If your project is in a coastal area and a federal approval is required, the federal agency, usually the U.S. Army Corps of Engineers, must obtain a Coastal Consistency Certification from the New York State Department of State before it can give its approval. If such a certification is needed, you will be informed of this by the federal agency involved, who will need to make the Coastal Consistency Certification a part of its permit decision.
If a federal approval is not required, DEC will manage the Coastal Management Program.
For questions involving the Coastal Consistency Program, contact:
New York Department of State
Office of Planning and Development
Suite 1010
One Commerce Place, 99 Washington Avenue
Albany, New York 12231-0001
(518) 474-6000
Visit the Department of State website for more information.
Adirondack Park Agency (APA)
If your project is located within the boundaries of the Adirondack Park, the APA may have jurisdiction under one or more regulatory program, depending on the exact location of the project.
Freshwater wetlands located within the boundaries of the Adirondack Park are regulated by the Adirondack Park Agency (APA), not the DEC. Although the Freshwater Wetlands Act is applicable within the Park, Title 8 of the Act grants the administration of this program to the APA. Wetlands over one acre in size or any size wetland adjacent to open water are regulated within the Adirondack Park.
For questions involving projects in the Adirondack Park, contact:
NYS Adirondack Park Agency
P.O. Box 99
1133 NYS Route 86
Ray Brook, NY 12977
phone: 518-891-4050
fax: 518-891-3938
Visit the Adirondack Park Agency website for more information.
New York State Office of General Services (OGS)
In most instances, the State of New York owns the land beneath coastal waters, and waters of large lakes and rivers. The New York State Office of General Services manages most underwater holdings. It is your responsibility to determine whether your project involves any New York State-owned underwater lands and to obtain necessary approvals or easements for their use from OGS.
For questions involving underwater properties owned by the state, contact:
NYS Office of General Services
Bureau of Land Management
39th Floor, Corning Tower
Empire State Plaza
Albany, NY 12242
518-474-2195
email: [email protected]
Visit the Office of General Services website for more information.
New York Power Authority (NYPA)
The New York Power Authority regulates shore development along the St. Lawrence River and its tributaries in the St. Lawrence County towns of Massena, Lisbon, Louisville, and Waddington.
Inquiries relating to the NYPA's jurisdiction should be to:
New York Power Authority
PO Box 700
Massena, NY 13662
(315) 764-0226
New York State Office of Parks, Recreation and Historic Preservation (OPRHP)
The New York State Office of Parks, Recreation and Historic Preservation has jurisdiction over floating objects in navigable waters of the state, outside the Adirondack and Catskill Parks.
For information on permit requirements, contact:
New York State Office of Parks, Recreation & Historic Preservation
Bureau of Marine Services
Albany, NY 12238
518/474-0445
518/408-1030 (fax)
Visit the NYS Parks, Recreation, and Historic Reservation website for more information.
New York State Canal Corporation
The Canal Corporation manages lands under and along the state's canals and canalized rivers (Erie, Champlain, Oswego and Cayuga and Seneca canals) and at 12 canal reservoirs (Canachaagala Lake, Chub Pond, Delta Reservoir, Forestport Pond, Hinckley Reservoir, Kayuta Lake, Leland Pond, North Lake, Sand Lake, South Lake, Twin Ponds, Woodhull Lake). Activities undertaken in and along these waterways and water bodies may require approval from the Canal Corporation.
For information contact the appropriate office of the Canal Corporations:
For projects on or along Champlain Canal; Erie Canal to the Montgomery/Herkimer county line:
Canal Corporation,
Albany Division
Interchange 23, Route 9W
Albany, NY 12209-2098
(518) 471-5033
For projects on or along Erie Canal from the Montgomery/Herkimer county line to the Wayne/Monroe county line; Oswego, Cayuga or Seneca Canals; Canal Corp. Reservoirs:
Canal Corporation
Syracuse Division
6712 Brooklawn Parkway
Syracuse, NY 13211-2158
(315) 438-2303
For projects on or along Erie Canal west of the Wayne/Monroe county line:
Canal Corporation
Buffalo Division
3901 Genesee Street
Cheektowaga, NY 14225-1901
(716) 635-6250
New York State Department of Health
Approval of Plans
District offices of the New York State Department of Health (DOH), county health departments, or in some cases, city health departments, must approve plans for wastewater disposal systems before they can be built. Many counties have specific type of designs which must be used for approval to be granted.
Engineering plans of the project must be certified by a New York State licensed professional engineer, and at minimum, they must show:
- A profile and a schematic of the sewage treatment system
- Soil permeability test results
- Relationship of the treatment system to landforms, water wells, and other structures on the property
System design plans must be submitted directly to the appropriate health department for plan approval. DEC may also require a copy of these plans as part of our review of the project. Issuance of a permit for the quantity of wastewater and discharge limits of contaminants by DEC does not automatically guarantee that the system will be approved by DOH. Likewise, DOH plan approval does not guarantee a SPDES permit; since DEC has other environmental jurisdictions and issues to consider as part of the application review. Therefore, you should contact the appropriate health department early in the planning process to ensure concurrent review by DEC and DOH.
In Nassau and Suffolk Counties, the DEC has delegated the entire SPDES P/C/I program to the city or county health departments. In these cases, submission of the application and plans should be made directly to the appropriate health department, and not to DEC.
Lake George Park Commission
If the project you are planning is located within the Lake George Park, a permit may also be required from the Lake George Park Commission for docks, wharves and moorings; excavation/fill below the mean high water level; or storm water management.
For information on the Lake George Park Commission permit requirements, contact:
Lake George Park Commission
PO Box 749, Fort George Road
Lake George, New York 12845-0749
(518) 668-9347
Hudson River - Black River Regulating District
The Hudson River-Black River Regulating District regulates development near the Great Sacandaga Reservoir.
For further information, contact:
Hudson River-Black River Regulating District
350 Northern Blvd.
Albany, NY 12204
(518) 465-3491
The Delaware and Susquehanna River Basin Commissions
The Delaware and Susquehanna River Basin Commissions each have jurisdiction over most water withdrawals issued in their respective drainage basins. Permits must be obtained from the appropriate commission if your project is within one of these drainage basins.
Delaware River Basin Commission
PO Box 7360
25 State Police Drive
West Trenton, New Jersey 08628
Susquehanna River Basin Commission
1721 North Front Street
Harrisburg, Pennsylvania 17102
New York City Department of Environmental Protection (NYC DEP)
The New York City Department of Environmental Protection regulates stream and wetland crossing, sewage treatment, and storm water management projects within New York City's upstate watershed systems:
For information, contact the appropriate office of NYC DEP:
For the Croton system, east of the Hudson River in Dutchess, Putnam, and Westchester counties:
NYC DEP
Regulatory and Engineering Programs
465 Columbus Avenue
Valhalla, NY 10595
(914) 749-5266
For the Catskill/Delaware system, west of the Hudson River in Greene, Schoharie, and Ulster counties:
NYC DEP
Regulatory and Engineering Programs
71 Smith Avenue
Kingston, NY 12401
(845) 340-7214
For the Arkville region, projects in Delaware and Sullivan Counties:
NYC DEP
Regulatory and Engineering Programs
County Highway 38, Suite 2
Arkville, NY 12406
(845) 771-1119
Local Governments
County, city, town or village building permits, flood plain permits, or other approvals may be necessary. You should check with the appropriate offices.