Short Environmental Assessment Form (SEAF)
a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, State or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres:
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Background Information
Wetlands, streams, lakes, and reservoirs, are all examples of waterbodies that may be regulated by a federal, state, or local agency. Some local communities may have their own wetland regulations. Certain streams, and lakes also are regulated.
Rivers, Streams, Lakes, Ponds, and Wetlands
Note: This question asks for information about any existing water resources found on or adjoining the project site. The previous Question D.2.b. asks for information on proposed new uses that may impact water resources found on the project site.
New York's water resources, including rivers, streams, lakes, ponds and wetlands, are necessary for drinking and bathing; agricultural, commercial and industrial uses; and fish and wildlife habitat. In addition, New York's waterways provide opportunities for recreation; education and research; and aesthetic appreciation. The State has established policies to preserve and protect these important environmental features (Title 5 of Article 15 of the ECL).
Rivers and streams in NYS are given a classification based on existing or expected best usage of each water or waterway segment. These classifications are:
- Classification AA or A is assigned to waters used as a source of drinking water
- Classification B indicates a best usage for swimming and other contact recreation, but not for drinking water
- Classification C is for waters supporting fisheries and suitable for non - contact activities
- The lowest classification and standard is D
- Some waters may also have a designation of T or TS indicating they may support trout or trout spawning
- Small ponds and lakes with a surface area of 10 acres or less, located within the course of a stream, are considered to be part of a stream and are subject to regulation under the stream protection category of Protection of Waters
Wetlands (also known as swamps, marshes, tidal wetlands, and bogs), are areas saturated by surface or ground water to the extent that they are able to support distinctive types of vegetation adapted for life in saturated soil conditions. Wetlands serve as natural habitat for many species of plants and animals and absorb the forces of flood and tidal erosion to prevent loss of upland soil. Standing water is only one clue that a wetland may be present. Many wetlands only have visible water during certain seasons of the year, but are still considered wetlands. In New York State, two main types of wetlands are found: tidal wetlands around Long Island, New York City and up the Hudson River all the way to Troy Dam; and freshwater wetlands found along rivers and lake floodplains and in low laying areas across the State.
Freshwater Wetlands
Wetlands may be regulated by a federal, state, or local agency. Some local communities may have their own wetland regulations. In NYS, Freshwater Wetlands over 5 hectares (12.4 acres) are regulated by DEC along with a 100 foot adjacent area. In addition, small wetlands of "unusual importance" and their adjacent areas will be regulated if they meet one of 11 newly established criteria.
As a result of changes to the NYS Freshwater Wetlands Act, effective January 1, 2025, DEC’s regulatory protections of freshwater wetlands will no longer be limited to wetlands depicted on the NYS Freshwater Wetlands Maps. The NYS Freshwater Wetlands Maps will be referred to as Previously Mapped Freshwater Wetlands. Jurisdictional protections for previously mapped freshwater wetlands will remain as DEC’s jurisdictional authority expands to include wetlands meeting the freshwater wetland definition and state jurisdictional criteria for protection. Because of these changes, the EAF mapper no longer provides answers for presence or absence of state regulated freshwater wetlands. Information regarding presence of state regulated freshwater wetlands or freshwater wetlands that may be jurisdictional can be obtained as follows:
- The Previously Mapped Freshwater Wetlands is the green layer, on DEC Environmental Resource Mapper (ERM), this layer confirms the presence of regulated wetlands.
- Because the above wetland maps do not identify all potential regulated wetlands, to assist the public in identifying wetland areas that may be jurisdictional, DEC has produced non-regulatory Informational Freshwater Wetland Mapping that can also be found on the ERM and is displayed as pink on the map. The Informational Freshwater Wetland Mapping is for informational purposes only and cannot be relied upon to determine the presence or absence of freshwater wetlands regulated by DEC.
- Contact NYSDEC to request a freshwater wetland jurisdictional determination – see https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program/freshwater-wetland-jurisdictional-determination. A freshwater wetland Jurisdictional Determination (JD) is a formal assessment conducted by DEC to determine if an area meets the criteria for classification as a regulated freshwater wetland and/or adjacent area under the Freshwater Wetlands Act.
Additional information regarding state freshwater wetlands can be found at https://dec.ny.gov/nature/waterbodies/wetlands/freshwater-wetlands-program.
Tidal Wetlands
Tidal wetlands are the areas where the land meets the sea. These areas are periodically flooded by seawater during high or spring tides or, are affected by the cyclic changes in water levels caused by the tidal cycle. Tidal wetlands are found in the near shore areas all around Long Island, the lower Hudson River up to the Troy Dam, and along the entire Atlantic coast of the United States. However, New York State only regulates tidal wetlands south of the Mario Cuomo Bridge on the Hudson River. (All wetlands north of the bridge are regulated as freshwater wetlands – see above.) The statutory definition of a tidal wetland can be found in New York's Environmental Conservation Law, Article 25, entitled "Tidal Wetlands
Salt marshes and mud flats are some typical types of tidal wetlands found along New York's marine shoreline. Tidal wetlands are classified by the amount of water covering the area at high and low tides and the type of vegetation. New York State uses specific categories and codes to describe and represent different types of coastal, tidal and freshwater wetlands. The following codes and abbreviations are used to identify wetlands on Tidal Wetlands Inventory Maps and help in administering program for their protection: intertidal marsh (IM); high marsh (HM); fresh marsh (FM); formerly connected (FC); coastal shoals, bars and mudflats (SM); littoral zone (LZ); adjacent area (AA); and dredged spoil (DS).
Additional information on regulated tidal wetlands, including links to DEC’s tidal wetland maps, can be obtained on DEC’s website at: https://dec.ny.gov/nature/waterbodies/wetlands/tidal/information-and-materials
Answering the Question
a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, State or local agency?
No matter how an EAF is being completed, the applicant should always make a visit to the site area, if possible. The presence of a waterbody or wetland often creates project constraints, so it is important information to know.
If using the EAF Mapper Application, the answer to this question and its sub-questions (except for NYS regulated freshwater wetlands as discussed above) will be automatically inserted on the pdf generated by the EAF Mapper, and a report will be generated of the results. The EAF Mapper uses data about National Wetland Inventory (NWI) wetlands, Adirondack Park Agency (APA) wetlands, water area, and streams, tidal wetlands, priority waterbodies list for lakes, ponds, streams, rivers, coastlines and estuaries. It also includes the protected water quality classifications.
For this question, the EAF Mapper serves as a screening tool that informs that a non-NYS regulated wetland or waterbody is close to or within the project site. If the EAF Mapper has indicated the presence of wetlands or waterbodies, applicants should verify the reported waterbodies on the project site.
If a non-NYS regulated wetland or a waterbody regulated by either the State or federal government does exist within the boundaries of the project site, or within 500' of the project site, the EAF Mapper will check "yes" on Question E.2.h.i of the PDF of the FEAF. It will also use the 500' buffer to identify if any non-NYS regulated wetlands or other water bodies adjoin the project site and will answer 'yes' or 'no' for E.2.h.ii.
If the answer is 'no' for E.2.h.i and E.2.h.ii, then there are no state waterbodies present on the project site. A "no" response, however, does not mean that there are no federally or state regulated wetlands on the project site. Information on federal wetlands are known to be incomplete, so consultation should be undertaken with the US Army Corps of Engineers (ACOE) regarding federally regulated wetlands and waterbodies that may be of concern. Identification of state regulated wetlands is discussed above, and their presence should be verified by other identified methods.
Names for wetlands and water bodies will not be returned on the form by the EAF Mapper, Rather, the EAF Mapper return value in an answer block will read "Federal wetland".
Using the Environmental Resource Mapper, zoom into you project location. Clicking on any of the water resources show will display an information box with all of the data (except for state regulated freshwater wetlands) needed to answer questions E.2.h.i.-iv. The stream classification can also be found on printed maps that should be available at the local municipality, or by contacting DEC.
For areas within the Adirondack Park, use the Adirondack Regional Geographic Information System (ARGIS) map application.
The map will show whether or not there are any APA regulated wetlands on your proposed project site.
To find out if there are any mapped wetlands on your proposed project site that are outside of any NYS agency jurisdiction, you can use the use the National Wetlands Inventory Wetlands Mapper. Federal wetland information is incomplete so the ACOE should also be consulted to see if there are concerns for unmapped wetlands.
In addition to these online mapping sites, your local municipal office should have paper copies of the DEC and APA regulatory maps. They may also have local plans, studies, or natural resource inventories that include mapped wetlands and locally designated wetlands.
Lastly, you can also look at the site itself for any standing water or obviously wet areas that have unique vegetation growing on them. Most of the mapping systems described here are done at a scale that does not include wetlands smaller than about 1/4 acre. The fact that they are not mapped does not mean they are not an important resource deserving protection.
Answer no if you do not find any wetlands or other regulated waterbodies on your proposed project site.
Answer yes if you find any wetlands or other regulated waterbodies on your proposed project site using the resources listed above, even if your project will not physically encroach into the wetland.
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
Answer no if your proposed project will not physically alter or encroach into any wetland or regulated waterbody.
Answer yes if your proposed project will physically alter or encroach into any of the wetlands, wetland buffer areas, regulated streams, or other regulated waterbodies identified in part a of this question.
Other Useful Links
The NYS Freshwater Wetlands Act (PDF 130 KB)
Environmental Conservation Law, Article 25, Tidal Wetlands Act
APA Freshwater Wetlands Flyer
The U.S. Army Corps of Engineers (ACOE)
The National Wetlands Inventory
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