The New York State Department of Environmental Conservation (DEC) proposes to issue five new statewide general permits (GP) and modify three existing statewide GPs for various activities in state-regulated freshwater wetlands and wetland adjacent areas, protected waterbodies, and navigable waters. The General Permits are proposed to be issued for five years. They each include authorization pursuant to Freshwater Wetlands (ECL Article 24) and one or more of the following DEC jurisdictions:
- Excavation and Fill in Navigable Waters (ECL Article 15, Title 5);
- Stream Disturbance (ECL Article 15, Title 5);
- Docks, Platforms and Moorings (ECL Article 15 Title 5); and
- Wild, Scenic and Recreational Rivers (ECL Article 15 Title 27).
The General Permits are proposed for locations statewide, except where excluded by the terms and conditions of each GP. Specific application requirements and procedures are identified within each GP.
Comments on the proposed GPs are currently being accepted by DEC. The deadline for comments has been extended from March 14, 2025 to March 31, 2025. The drafts of each general permit area provided below:
The Community-Scale Solar Energy Installations GP (GP-0-25-004) would authorize the following activities: installation of temporary and permanent access roads; construction of power interconnections and collection lines; vegetation clearing and ground disturbance necessary for solar project installation; and wetland mitigation and enhancement actions in areas under DEC jurisdiction. Draft Solar GP (PDF)
Electric Utility Right of Way (ROW) Maintenance and Repair GP (GP-0-25-005) would authorize the following activities: installation of temporary access roads/laydown areas; maintenance, repair and replacement of existing functional structures; removal of debris and existing structures; mechanical removal of vegetation; and the application of pesticides and surfactants in areas under DEC jurisdiction. Draft Electric ROW GP (PDF)
Housing Development GP (GP-0-25-006) would authorize the construction of detached single- family homes, multiple family dwellings up to and over four units, and apartment buildings, and all unavoidable permanent and temporary disturbances associated with the development. An unavoidable impact limit acreage worksheet defines the limits of impact. Unavoidable permanent impacts will require wetland mitigation. Draft Housing GP (PDF)
Lakes and Shorelines GP (GP-0-25-007) would authorize various activities such as shoreline erosion protections, repair and replacement of existing functional shoreline protection, in kind replacement or repair of boat or access ramps, installation of new single lane boat/access ramps, repair and replacement of existing functional boat houses, docks, platforms, or similar over water structures, installation of new residential docking facility, demolition of existing structures and removal of structural fill, maintenance dredging of existing residential dockages, new navigational dredging, install of dry fire hydrants, water intake lines, or beach well. The specific limits of each activity are identified in the draft permit. Draft Lakes and Shorelines GP (PDF)
Management of Invasive Species (GP-0-25-008). The existing Management of Invasive Species GP (GP-0-21-004) is proposed to be modified and reissued. It would authorize the management of invasive and nuisance species by various methods such as hand harvesting, suction harvesting, aquatic pesticides, benthic barriers, and mechanical harvesting and cutting. Draft Invasive Species GP (PDF)
Natural Gas Utility Right of Way Maintenance and Repair GP (GP-0-25-009) would authorize the following activities: Construction of temporary access roads and/or laydown areas; maintenance, repair and/or replacement of existing infrastructure; and the mechanical removal of existing vegetation in areas under DEC jurisdiction. Draft NG ROW GP (PDF)
DEC is also proposing to modify the existing Stream Crossing for Timber Harvest General Permits (GP-0-23-004 and GP-0-23-005) to include the freshwater wetland authorization and remove condition 3.c, which currently prohibits crossings in state-regulated freshwater wetlands and adjacent areas. For the current versions of the Timber Harvesting General Permits, visit the General Permits for Stream Crossings for Timber Harvesting webpage.
Proposed Authorization Procedures
No projects can currently be authorized for coverage under the draft general permits. After the proposed general permits are issued, individuals will be required to submit a joint application form and a supplement form with supporting documents to obtain coverage under a general permit. To aid applicants, the supplemental forms will be available for each general permit to easily identify specific information needed to obtain coverage. Supporting documents will vary by general permit, but will include location map, site photographs, and various plans and drawings. The housing development and renewable energy general permits will also require the preparation of wetland mitigation plans to compensate for permanent wetland impacts.
Comments
Comments must be sent in writing to the contact person identified below by March 31, 2025 (extended from March 14. 2025).
Contact Person and Information:
Kristen Cady-Poulin
NYSDEC Division of Environmental Permits-4th Floor
625 Broadway
Albany, NY 12233-1750
[email protected]
