Freshwater Wetlands General Permit (GP-0-25-003)

The New York State Department of Environmental Conservation (DEC) proposes to issue a statewide general permit for various activities in state-regulated freshwater wetlands and adjacent areas, protected waterbodies, and navigable waters. The Freshwater Wetlands General Permit (GP-0-25-003) is proposed to be issued for a five-year term to allow for the: repair, replacement, or removal of existing structures and facilities; construction or modification of various residential, commercial, industrial, or public structures; temporary installation of access roads and laydown areas; cutting trees and vegetation; drilling test wells; and routine beach maintenance and replenishment in areas under DEC jurisdiction. The permit authorizations include and ECL Article 24 Freshwater Wetlands; ECL Article 15, Stream Disturbance; and ECL Article 15 Excavation & Fill in Navigable Waters.

DRAFT General Permit GP-0-25-003 (PDF)

Authorized Activities

The general permit includes the following activities:

1. Repair, reconstruction, and/or replacement of existing functional structures and facilities in a freshwater wetland or freshwater wetland adjacent area, excluding drainage ditches and excluding septic systems in freshwater wetlands. 
2. Repair, reconstruction, replacement and/or removal of septic systems in wetland adjacent areas. Repair and replacement may not change design capacity but does allow for upgrades to an existing system to meet design standards.
3. Construction and/or modification of the following residential, commercial, industrial or public structures that results in permanent and/or temporary disturbance totaling no more than 1/10-acre to freshwater wetlands and totaling no more than 1/10-acre to freshwater wetland adjacent areas:
   1. Utility lines from an existing distribution line to a structure including the following types of utilities:
      1. Electric and gas utility lines less than one mile in length;
      2. Sewer and water lines; and
      3. Telecommunications lines (e.g., internet, telephone, etc.).
   2. Dry hydrants for fire protection
   3. Elevated walkways or unenclosed platforms built on open-work supports (no-fill supports)
4. Construction and/or modification of the following residential, commercial, industrial or public structures that results in permanent and temporary disturbance totaling no more than 1/10-acre of freshwater wetland adjacent areas: 
   1. Parking areas, driveways, pools, or accessory structures
   2. Water wells limited to serve an individual residence and not municipal or commercial wells
   3. Fencing installed at least 5 feet from the wetland boundary
   4. Infrastructure associated with single-family renewable energy projects including solar photovoltaics, solar water heating, geothermal systems, and battery energy storage systems.
5. Temporary access roads and/or laydown areas in the wetland adjacent area where no woody vegetation above 3 inches diameter at breast height is cleared.
6. Selective vegetation cutting, hazard tree removal and/or removal of dead ash trees not including clear cutting.
7. Cutting of trees or other vegetation in the wetland adjacent area  necessary to complete any other authorized activity in this permit within the disturbance thresholds identified except where prohibited. 
8. Drilling test wells for sampling including geotechnical borings and piezometer installation. Test wells for mineral exploration are not covered under this general permit.
9. Routine beach replenishment, regrading, and/or cleaning that does not expand the existing footprint of the beach.   
10. Removal of debris and existing structures in a freshwater wetland or freshwater wetland adjacent area for the purpose of wetland restoration or where necessary to complete any other authorized activity in this permit.

Exclusions

The permit is not applicable in the following areas:

•     Within Sovereign Indian Nation territories in New York State; 
•     Within areas under the jurisdictional authority of the Adirondack Park Agency; 
•     Within areas designated as a Coastal Erosion Hazard Area; 
•     If a proposed activity is subject to jurisdiction under 6 NYCRR Part 182; and 
•     Sites undergoing remediation under 6 NYCRR Part 375 or adjacent to solid waste facilities.

Authorization Procedure

Anyone proposing to undertake an activity that is included in the permit must submit a Joint Application Form to the DEC regional office that covers the county where the project is located.  No work may begin under the general permit until the DEC regional office reviews the proposal and provides a countersigned copy of the general permit that authorizes the work. View a list of DEC regional Environmental Permits offices.

Joint Application Form (PDF)

Submitted application materials will be reviewed by DEC to determine whether the project qualifies for coverage under the general permit and if it can be approved. If the project can be approved under the general permit, DEC will provide a countersigned copy of the general permit authorizing the project.  Only after receiving approval may work begin under the permit. 

If the project does not qualify for coverage under the general permit, or cannot be approved under the general permit, an individual permit is required.

Comments

Comments must be sent in writing to the comment person identified below by January 27, 2025.

Contact Person and Information:
Kristen Cady-Poulin  
NYSDEC Division of Environmental Permits 
4th Floor 
NYSDEC 625 Broadway 
Albany NY 12233-1750 
[email protected]