New York State Programmatic General Permit (NYSPGP-1)

NYSPGP-1 Activation

DEC and the United States Army Corps of Engineers have activated the New York State Programmatic General Permit (NYSPGP-1) for Storm Recovery in response to the storm event on August 9-10, 2024. NYSPGP-1 is currently active for use in the counties listed below for post-storm recovery activities occurring within state and/or federally regulated waters, and wetlands. The period of activation will run from August 14, 2024 plus two years in the following counties:

• Allegany;
• Broome;
• Chemung;
• Chenango;
• Cortland;
• Delaware;
• Essex;
• Franklin;
• Jefferson;
• Lewis;
• Ontario;
• Oswego;
• Schoharie;
• Schuyler;
• Steuben;
• St. Lawrence;
• Tioga; and
• Yates.

Obtaining Coverage

Before doing any work under NYSPGP-1, individuals must apply for coverage under NYSPGP-1. Work on category A activities may start five (5) business days after the application is submitted to DEC, unless otherwise notified by DEC. For NYSPGP-1 activities listed in categories “B” or “C”, individuals must also obtain written approval before starting work. 

Applications must include all of the following items and be sent to the appropriate DEC regional office identified in the instructions:

• A properly completed application form;
• Project location map;
• Site photographs; and
• Project drawings, including overhead (plan) and side (cross-section) views.

Any questions concerning the eligibility of a project for coverage under NYSPGP-1, or assistance in completing an application, may be directed to the Division of Environmental Permits staff in the DEC regional office covering the county where the project is located.

Only the activities eligible listed in the Eligible Activities table are eligible for coverage. The Eligible Activities table also identifies category A, B, or C activities by column. Non-Eligible Activities are also listed below. Non-Eligible Activities are not authorized under NYSPGP-1 and an individual DEC permit may be required.

NYSPGP-1 Permit and Appendices

NYSPGP-1 may be downloaded in its entirety here: NYSPGP-1 (PDF) 

Individual appendices of the NYSPGP-1 may be downloaded using the following links:

• NYSPGP-1 Appendix A Application Form and Instructions (PDF)
• NYSPGP-1 Appendix B USACE District and NYSDEC Regional Contact Information (PDF)
• NYSPGP-1 Appendix C Post-Construction Compliance Form (PDF)
• NYSPGP-1 Appendix D Endangered Species Act Sensitive Areas (PDF): Sensitive areas that may trigger proposed activities being reviewed as a Category C activity.
• NYSPGP-1_Appendix E (PDF) and Appendix F (PDF), Activity Details and Best Management Practices: Detail drawings of activities designed to minimize any adverse environmental effects and best management practices that must be followed to comply with this NYSPGP-1.

Eligible Activities

NYSPGP-1 authorizes 13 different types of project activities associated with storm recovery work, as described in the table below:

Non-Eligible Activities

The following jurisdictional activities are not eligible for coverage under this NYSPGP-1 and require an individual permit from DEC:

1. Any work in regulated waters to reclaim land that was lost over an extended period of time due to normal erosion occurring prior to the storm event.
2. Repair and/or replacement of existing structures and/or fills that were non-functional just prior to the storm event.
3. Restoration of non-functional bulkheads and their remnants (including deadman and pierheads) existing prior to the storm event. 
4. Repair and/or replacement of bulkheads that extend greater than 18 inches waterward from the pre-storm location.
5. Installation of new vertical stabilization structures in lakes and tidal waters.
6. Installation of new bridges or culverts.
7. The removal of stream gravel for the express purpose of sale as part of a gravel mining operation.
8. Dredging or extraction of sediment or debris that was not deposited from the storm event, or is not necessary to prevent the loss of property or reduce flooding and/or erosion.
9. Any channelization, channel widening, deepening, or straightening activity that contributes to stream instability.
10. Side-casting of dredged material in and along streams.
11. Construction of in-stream sediment detention basins.
12. Installation of new gabion rock walls below the Ordinary High Water (OHW) or Mean High Water (MHW) elevation.
13. Installation of new concrete aprons within waterways.
14. Permanent replacement of multiple barrel culverts used at a single crossing within streams.
15. Slip lining and invert paving of culverts with the exception of cured-in-place pipe lining.
16. Use of grouted rip-rap.
17. Building permanent berms with the excavated stream material or any other materials that isolate regulated waters from an adjacent floodplain.
18. Permanent loss and/ or dredging or excavation in mudflats, vegetated shallows, or submerged aquatic vegetation.
19. Any activity that results in a loss of a bog or a fen as classified per the publication: Edinger et al., 2014. Ecological Communities of New York State. Second Editions. New York Natural Heritage Program. New York State Department of Environmental Conservation, Albany, NY.
20. Dredging or excavation of materials containing toxic pollutants in toxic amounts (See Section 307 of the Clean Water Act).