Stream Activities General Permit, GP-0-26-003

The New York State Department of Environmental Conservation (DEC) has issued a statewide general permit for various activities in state-regulated streams, navigable waters, and wetlands. The Stream Activities General Permit (GP-0-26-003) (PDF) has been issued for a five-year term in response to the ongoing need for affected property owners to stabilize stream banks, repair culverts and bridges, repair utility lines, and undertake other routine projects within regulated New York State waters, with certain exclusions. The permit is effective May 21, 2026 through May 20, 2031. The permit authorizations include ECL Article 15 Stream Disturbance; ECL Article 15 Excavation & Fill in Navigable Waters; ECL Article 24 Freshwater Wetlands; and State Section 401 Water Quality Certification.

The General Permit containing a full description of the types of activities eligible for coverage, along with all the terms and conditions is provided below. Additionally, the application form used to apply for coverage under this GP and detailed application instructions are provided below. 

General Permit GP-0-26-003 (PDF)

GP-0-26-003 Application Instructions (PDF)

GP-0-26-003 Application (PDF)

The general permit includes the following activities:

1. In-place replacement, re-setting, reconstructing or repair of existing culverts and bridges.
2. Installation of a single new culvert or bridge to serve a single-family residence on an approved building lot.
3. In-place repair or replacement of existing bank stabilization structures.
4. Bank stabilization using vegetation-based or bioengineering techniques (e.g., toe-wood structures, fascines, root-wads, brush mattresses, live-staking, etc.).
   1. Within the NYC watershed, bank stabilization up to 500 linear feet is allowed.
   2. Outside the NYC watershed, bank stabilization up to 1000 linear feet is allowed.
5. Bank stabilization up to 500 linear feet using rip-rap or similar materials, where use of vegetation-based or bioengineering techniques are not feasible.
6. Installation or repair of in-stream habitat enhancement and grade control structures
7. consisting of rock or other natural materials (e.g., j-hooks, rock vanes, rock riffles, etc.).
8. Debris, gravel, and streambed material removal not exceeding 500 linear feet of the water course to remove blockages and restore natural stream channel dimensions and flows.
9. Installation or maintenance of dry hydrants for fire protection.
10. Repair of existing utility lines and associated structures (e.g., water, sewer, telecommunications, etc.)
11. Temporary access and /or dewatering measures necessary to complete other activities authorized by this general permit

Exclusions:

The general permit is not applicable in under the following circumstances:

1. For culvert rehabilitation projects that involve invert paving, slip-lining, or similar treatments;
2. For new vertical bank stabilization measures (a vertical or near vertical structure);
3. For any project proposing the use of gabion baskets;
4. Within any tidal waters of New York State, including those brackish and fresh waters north of the former Tappan Zee Bridge (now Mario M. Cuomo Bridge) not designated and regulated as tidal wetlands under Article 25 of the Environmental Conservation Law (ECL);
5. Within Coastal Erosion Hazard Areas designated by the State pursuant to Article 34 of the ECL;
6. Within Sovereign Indian Nations territories in New York State;
7. Within project sites under the freshwater wetland jurisdiction of the Adirondack Park Agency, DEC authorizations under this this General Permit are limited to ECL Article 15, Protection of Waters;
8. For proposed projects or activities that require an Incidental Take of Threatened or Endangered Species Permit, pursuant to 6 NYCRR Part 182;
9. For proposed activities that would impact rare mollusks (i.e., mollusks listed as S-1 or S-2 int he New York State Natural Heritage database)
10. Any location where a proposed project may affect a property listed on the National or State Registers of Historic Places, or has been determined by the New York State Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places.

Authorization Procedure

Anyone proposing to undertake an activity that is included in the permit must submit an Application Form (PDF) 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.

Certain bridge and culvert projects included in the general permit are also subject to consideration of risks related to climate change under the Community Risk and Resiliency Act (CRRA). (See Condition 14 of the general permit). For those projects, applicants must also complete the CRRA Analysis Attachment (PDF) and submit it with the Application Form.

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

A public comment period for the Stream Activities General Permit (GP-0-26-003) was provided. In response to public comments received on the draft Stream Activities General Permit, the Department has prepared a Response to Comments provided below.

GP-0-26-003 Response to Comments (PDF)