Coastal Erosion Management Permit Program

This page is for homeowners, contractors, and municipal employees who need information about the rules of coastal permit management.

Coastal Erosion Management Permit

The Coastal Erosion Management Permit is the written approval required by 6 NYCRR Part 505 to undertake any regulated activity within Coastal Erosion Hazard Areas (CEHA) as shown on the official Coastal Erosion Hazard Area Maps issued by DEC. Coastal Erosion Hazard Areas are comprised of two different jurisdictions: Natural Protective Feature Areas and Structural Hazard Areas. Each jurisdiction has differing regulatory requirements. DEC staff review permit applications for construction and other activities within specified coastal areas. For homeowner guidance on shoreline design and best practices in New York regulations review our Homeowner Program Guidance for Shoreline Management (PDF).

Under the Coastal Erosion Management regulations, development, or other actions in erosion hazard areas, should be undertaken in a manner that minimizes damage to property and natural protective features, other natural resources, prevent the exacerbation of erosion hazards, and to protect human life.

Some actions may be restricted or prohibited if necessary to protect natural protective features or to prevent or reduce erosion impacts.

Coastal Erosion Management Permits: Application Procedures

There are 85 coastal communities in NYS that currently fall under Coastal Erosion Management Permit jurisdiction. The law allows local communities to administer their own Coastal Erosion Management Permit program. 35 communities have been certified by DEC and have their own coastal erosion hazard law. The other 50 communities are managed by DEC.

DEC issued Coastal Erosion Management Permits

Standards for issuing a Coastal Erosion Management Permit are:

• The proposed activity is reasonable and necessary, considering reasonable alternatives to the proposed activity, and the need of the proposed activity to have a shoreline location;
• The proposed activity will not be likely to cause a measurable increase in erosion at the proposed site or at other locations; and
• The proposed activity prevents, if possible, or minimizes adverse effects on:
  • natural protective features and their functions and protective values as described in section 505.3 of this Part;
  • existing erosion protection structures; and
  • or natural resources, including, but not limited to significant fish and wildlife habitats and shellfish beds.

The permit process and estimated time frame for DEC review adhere to UPA guidelines.

Regulated activities and uses

There are a number of activities and uses that are restricted (Part 505.7 and 505.8), prohibited, or require a permit with coastal hazard areas.

Application Checklist For Coastal Erosion Management

Please also review the NYSDEC Coastal Erosion Management Application Checklist (PDF) to ensure that all the required technical information needed to make a determination on your permit is included in your application package.

Required items include:

1. The Joint Application Form (PDF) and Instructions for completing the Joint Application Form (PDF) are available on the Department's website page.
2. Location Map. A US Geological Survey (USGS) Quadrangle Map, or equivalent, identifying the project location.
3. Refer to the NYSDEC Coastal Erosion Management Application Checklist (PDF), available on the Department's website page to determine additional information required for project.
4. Environmental Assessment Form (EAF).
   • In accordance with the State Environmental Quality Review Act (SEQR), an application is not complete until a properly completed environmental assessment form has been submitted, a lead agency has been established, and a negative declaration or a conditional negative declaration has been filed or a draft environmental impact statement has been accepted by the lead agency.
   • Refer to the Department's SEQR website page for additional information on environmental impact assessment.
   • SEQR Forms are available on the Department's website page.
     • If the project is an Unlisted Action, submit a completed Part 1 of a Short Environmental Assessment Form.
     • If the project is a Type 1 Action, submit a completed Part 1 of a Full Environmental Assessment Form.
5. Structural / Archeological Assessment Form (SAAF).
   • In accordance with the State Historic Preservation Act (SHPA), the application is not complete until a determination has been made concerning the impact of the project on properties listed on or eligible for listing on the State or National Register of Historic Places.
   • Submit a completed Structural Archeological Assessment Form (PDF), available on the Department's website page. In some cases, a cultural resource survey, including a field study of archeological or historic features may be needed.

Regulatory Procedures

Prior to issuing a Coastal Erosion Management Permit for a regulated activity undertaken by a State agency within a local government jurisdiction having a local program, the department must first make a finding that the standards, restrictions and requirements of the local program, adopted pursuant to section 34-0108 of the act, have been met.

Uniform Procedures Act governs the department's procedures for the issuance, modification, renewal, suspension and revocation of coastal erosion management permits.

All regulated activities are subject to the review procedures required by the State Environmental Quality Review Act (SEQR), article 8 of the Environmental Conservation Law. The applicant may be required to submit information necessary for compliance with SEQR in addition to information required to apply for a coastal erosion management permit.

A Coastal Erosion Management Permit may be issued with such terms and conditions as are necessary to ensure compliance with the policies and provisions of SEQR and the coastal erosion management permit.

A Coastal Erosion Management Permit issued does not relieve the permit applicant from the responsibility of obtaining other permits or approvals as may be necessary, nor does it convey any rights or interest in real property.

Where more than one regulatory agency has jurisdiction of a coastal erosion management activity, the application review process and hearing process must be consolidated and coordinated as required by sections 34-0105(6), 34-0106(9) and 34-0107(6) of the act, upon request of the applicant.

Variances

Variances may be applied in the following circumstances:

When an applicant can demonstrate that the strict application of the restrictions or requirements of sections 505.7, 505.8, or 505.9 of this Part will cause practical difficulty or unnecessary hardship, any such restriction or requirement may be varied or modified. First, the practical difficulty or unnecessary hardship must be explained in detail, and then the following criteria must be met:

1. no reasonable, prudent, alternative site is available;
2. all responsible means and measures to mitigate adverse impacts on natural systems and the functions and protective values described in section 505.3 of this Part have been incorporated into the project design and will be implemented at the developer's expense;
3. the development will be reasonably safe from flood and erosion damage;
4. the variance requested is the minimum necessary to overcome the practical difficulty or hardship which was the basis for requesting it; and
5. where public funds are utilized, the public benefits clearly outweigh the long-term adverse effects for any proposed activities and development.

Any person wishing to make a request for a variance must do so in writing. The variance request must specify the standard, restriction or requirement to be varied and how the requested variance meets the criteria established in 1-5 listed above. The burden of demonstrating that the requested variance meets these criteria rests entirely with the applicant.

The Regional Permit Administrator may on his own motion treat an application for a permit as a request for a variance and may request from the applicant the information required to do so.

Regulated Activities

• Construction, modification, restoration, or placement of a structure or major addition to a structure
• Any action or use of land that materially alters the condition of land, including but not limited to:
  • Grading
  • Excavating
  • Dumping
  • Mining
  • Dredging
  • Filling
  • Or other disturbance of soil

Information about regulated activities (see 505.7 and 505.8) within natural protective features.

You need a permit if:

• You propose to undertake a regulated activity within a designated coastal erosion hazard area.

Permits may be issued if the activities meet the following standards:

1. the activity is reasonable and necessary; reasonable alternatives to the proposed activity have been considered, and the need of the proposed activity to have a shoreline location has been considered;
2. the activity is not likely to cause a measurable increase in erosion at the proposed site or other locations; and
3. the activity prevents, if possible, or minimizes damaging impacts to:
   • natural protective features and their functions and protective values as described in section 505.3;
   • existing erosion protection structures; and
   • natural resources including, but not limited to, significant fish and wildlife habitats and shellfish beds.

Other permits may be needed for your project

DEC may require other permits for the type of work or location of work you are planning. In addition to DEC permits, permits from other regulatory entities may be required for your project, these may include, but are not limited to, NYS Office of General Services and United States Army Corps of Engineers.

Restrictions for Natural Protective Feature Areas and Structural Hazard Areas

Restrictions for activities and uses within the various Natural Protective Feature Areas are summarized in the tables below. For full descriptions and details for activities that are restricted, prohibited or require a permit, read Section 505.8. and for Structural Hazard Areas Section 505.7 

If you live in a certified community contact your local building or zoning department to determine if your activities require a Coastal Erosion Management Permit. In rare occasions local laws and ordinances differ from DEC regulations.

A Coastal Erosion Management Permit will be issued only if DEC finds the proposed regulated activity meets the following general standards:

• The proposed regulated activity is reasonable and necessary, considering reasonable alternatives to the proposed activity and the extent to which the proposed activity requires a shoreline location
• The proposed regulated activity will not be likely to cause a measurable increase in erosion at the proposed site or at other locations
• The proposed regulated activity prevents, if possible, or minimizes adverse effects on:
  • Natural protective features and their functions and protective values as described in section 6 NYCRR Part 505.3
  • Existing erosion protection structures
  • Natural resources, including, but not limited to significant fish and wildlife habitats and shellfish beds.

*Non-major addition is defined as an addition which results in an increase in the existing ground area coverage of a structure that is less than 25 percent, with the exceptions of an erosion protection structure, pier, dock or wharf. The increase will be calculated as the ground area coverage to be added, including any additions previously constructed under a coastal erosion management permit, divided by the ground area coverage of the existing structure.

Coastal Erosion Hazard Area Unregulated Activities

The following activities are allowed in the Coastal Erosion Hazard Area without a DEC Coastal Erosion Management Permit; however, permission may be required from the Army Corps of Engineers, State Department of State, or State Office of General Services, in addition to DEC tidal or freshwater wetlands permits:

Any activity not specifically listed below is considered to be a regulated activity within the Coastal Erosion Hazard Area.

Examples of Unregulated activities include:

• Routine agricultural operations involving cultivation and harvesting,
• Implementation of practices recommended in a soil and water conservation plan as defined in section 3(12) of the Soil and Water Conservation Districts Law, unless the agricultural operations and implementation of practices or activity involves the construction or placement of a structure.
• Review full list of unregulated activities

Nearshore Areas

• The normal maintenance* of structures.
• Construction, modification or restoration of docks, piers, wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less, or docks, piers, wharves or other structures built on floats and removed in the fall of each year.

Beaches

• The normal maintenance* of structures.
• The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion.
• Motor vehicles must operate seaward of the upper debris lines at all times. On those beaches where no debris line exists, motor vehicles must operate seaward of the toe of the primary dune; and motor vehicles must not travel on vegetation.
• Beach grooming or clean-up operations.
• Construction, modification or restoration of docks, piers, wharves or structures built on floats, columns, open timber, piles or similar open-work supports having a top surface area of 200 square feet or less, or docks, piers, wharves or other structures built on floats and removed in the fall of each year.

Bluffs

• The normal maintenance* of structures
• The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion may be undertaken without a coastal erosion management permit.
• Construction of elevated walkways or stairways intended solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach

Dunes

• The normal maintenance* of structures
• The restoration of existing structures that are damaged or destroyed by events not related to coastal flooding and erosion.
• Vegetative planting and sand fencing, to stabilize or entrap sand in order to maintain or increase the height and width of dunes. Vegetative plantings must me of native species tolerant to salt spray sand burial, e.g. American Beach Grass.
• Construction of elevated walkways or stairways intended solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach.

Note: Vehicular traffic is prohibited on primary dunes, except in those areas designated by the department for dune crossing. Pedestrian passage across primary dunes must utilize elevated walkways and stairways, or other specially designed dune-crossing structures approved by the department.

Structural Hazard Areas

• No unregulated activities

*Normal Maintenance is defined as the periodic replacement or repair of same-kind components or protective coatings which do not change the size, design, or function of a structure (for example, shingle, siding, or window replacements or painting).

CEHA Permits

The Coastal Erosion Hazard Area (CEHA) Permit Program provides written approval of regulated activities or land disturbance to properties within the coastal erosion hazard areas within DEC's jurisdiction. The program also assists certified communities to administer and enforce local programs.

Many communities have a DEC certified (approved) local Coastal Erosion Managment Program. If your community has a local program, please contact your local building department. If your community does not have a local DEC approved Coastal Erosion Management Program, DEC administers the Coastal Erosion Management Program. Please contact your local DEC permit administrator.

Coastal Law

This program was initiated from the Title 4, Chapter 7 of the Unconsolidated Laws of New York, "Projects to Prevent Shore Erosion", enacted in 1945.

The Coastal Erosion Hazard Areas Law (Environmental Conservation Law Article 34) empowers DEC to identify and map coastal erosion hazard areas and to adopt regulations (6 NYCRR Part 505,) to control certain activities and development in those areas. The backbone of these regulations is a permitting system aimed specifically at all regulated activities or land disturbance within the coastal erosion hazard areas.

The construction or placement of a structure, or any action or use of land which materially alters the condition of land, including grading, excavating, dumping, mining, dredging, filling or any disturbance of soil is a regulated activity requiring a Coastal Erosion Management Permit. The permit provides written approval granted by DEC or a local government, whichever has the jurisdiction.

Who has jurisdiction for CEHA?

There are 85 coastal communities in New York CEHA jurisdiction. The law allows local communities to administer their own CEHA program. Communities certified by DEC and have their own coastal erosion hazard area law. All other communities, the DEC issues the CEHA permit.

If you live in a certified community you need to contact your local building or zoning department to learn how to submit the appropriate coastal erosion permit application before construction starts and to obtain any other permits required by your community's local ordinances.

DEC may require other permits for the type or location of activity you are planning. Other agencies (Army Corps of Engineers, Department of State, Office of General Services) also have jurisdiction within coastal erosion hazard areas, depending on the location and type of activity planned.

How do I find out if my property is within a CEHA zone?

Coastal erosion hazard areas are prone to coastal erosion and have been identified and mapped. The Coastal Erosion Hazard Area (CEHA) maps delineate the boundaries of erosion hazard areas that are subject to regulation 6 NYCRR Part 505. These maps are issued by the DEC commissioner. Mapped areas currently include the shorelines of Lakes Erie and Ontario, the entire coastline of Long Island, and the Atlantic Ocean coastline of New York City. Find a listing of the current CEHA maps by county.

If you would like to get an existing map to see if your property is within the coastal erosion hazard area, please contact Matt Chlebus at 518-402-8185. Maps are also available at Regional DEC offices and at local building departments of certified communities.

Appealing a CEHA Designation

Any person who owns real property within a designated coastal erosion hazard area may appeal that designation. To make an appeal a Coastal Erosion Hazard Area Designation Appeal Application (PDF) must be completed and submitted it to the department. Appeal applications are also available at DEC regional offices and the Bureau of Flood Protection and Dam Safety at the central office in Albany at 518-402-8185.

Appeal applications are not complete until the applicant provides all necessary information. The commissioner will decide such appeal within 30 days after receipt of a complete appeal application and, if necessary, will adjust the coastal erosion hazard area boundaries accordingly.

The only acceptable basis for a coastal erosion hazard area designation appeal is either:

(1) the long-term average annual rate of shoreline recession was incorrectly established; or
(2) the area was erroneously identified as a natural protective feature area or its NPFA was incorrectly identified

Apply for a Permit

If you are planning a regulated activity within a designated coastal erosion hazard area you need to first obtain a coastal erosion management permit before you start your project.

CEHA Definitions

For full and complete definitions, see 6 NYCRR Part 505.2.

Beach

Beach is the zone of earth that extends from the mean low water line, to the waterward toe of a dune or bluff, whichever is closest to the water. Where no dune of bluff exists, the limit of a beach is 100 feet landward from in the line of permanent vegetation.

Bluff

Bluff is any bank or cliff with a steeply sloped face that is along a body of water. A bluff extends from the edge of a beach or nearshore area, to 25 feet landward of the bluffs peak.

Coastal Erosion Hazard Area Map

The final map issued by the DEC commissioner that delineates the boundaries of coastal erosion hazard areas that are regulated by following 6 NYCRR Part 505.

Coastal Erosion Management Permit

The permit is the written approval required by 6 NYCRR Part 505 to undertake any regulated activity within coastal erosion hazard areas as shown on Coastal Erosion Hazard Area maps.

Coastal Waters

Lake Erie and Ontario, the St. Lawrence and Niagara Rivers, the Hudson River south of the federal dam at Troy, the East River, the Harlem River, the Kill van Kull and Arthur Kull, Long Island Sound and the Atlantic Ocean, their connecting water bodies, bays, harbors, shallows, and wetlands.

Dune

Dune is a ridge or hill of loose, windblown, or artificially placed sand, and its vegetation. A dune extends from the edge of its connecting beach, to 25 feet landward from the landward toe of the dune.

Erosion

Erosion is the loss or displacement of land along the coastline due to the action of waves, currents, tides, wind-driven water, waterborne ice, or other impacts of storms. It also means the loss or displacement of land due to the action of wind, runoff of surface waters, or groundwater seepage.

Erosion Hazard Area

Erosion hazard areas of coastlines are either:

1. A natural protective feature area (NPFA)
2. A structural hazard area (SHA)

Erosion Protection Structure

Erosion protection structures are specifically designed to reduce or prevent erosion. For example, a groin, jetty, seawall, revetment, bulkhead, breakwater, or artificial beach nourishment.

Existing Structure

Existing structures are structures that are within a coastal erosion hazard area as identified on the coastal erosion hazard area maps, and were constructed or were under a construction permit on the effective date of a local erosion hazard area law, or on the date the DEC assumed regulatory responsibility, or on the effective date of a certified revised Coastal Erosion Hazard Area Map, whichever is earlier.

Local Program

A coastal erosion management ordinance, or local law use in carrying out the purposes and polices of Article 34, and meeting the minimum standards of 6 NYCRR Part 505.

Major Addition

A major addition is a 25% or greater increase in ground area coverage of a structure. Erosion protection structures, piers, docs and wharves are excluded. To calculate:

1. Determine total ground area coverage of current structure (this includes any additions that are attached to the structure), minus any additions previously constructed to the existing structure
2. Determine ground area coverage to be added, including any additions previously constructed
3. Divide ground area coverage to be added (2) by ground area coverage of current structure (1)

Mean Low Water

Mean low water is the approximate average low water level for a given body of water, at a given location.

Modification

Modification is any change in size, design, or function.

Natural Protective Feature

Natural protective features are nearshore areas, beach, bluff, dune, or wetland and its vegetation.

Natural Protective Feature Area

Natural protective feature area is the land and/or water area containing a natural protective feature.

Nearshore area

Nearshore area means those lands under water beginning at the mean low waterline and extending in a direction perpendicular to the shoreline to a point where mean low water depth is 15 feet, or to a horizontal distance of 1000 feet from the mean low water line, whichever is greater.

Normal Maintenance

Normal maintenance is the periodic replacement or repair of same-kind components or protective coatings which do not change the size, design, or function of a structure (for example, shingle replacement, siding replacement, painting, or window replacements). Normal maintenance of a structure does not require a coastal erosion management permit.

Recession Rate

Recession rate is the average rate, in feet per year, at which an eroding shoreline moves landward.

Regulated Activity/Development

Regulated activity/development is construction, modification, restoration, or placement of a structure, major addition to a structure, or any action or use of land which materially alters the condition of the land. This includes grading, excavating, dumping, mining, dredging, filling, or other soil disturbance. Regulated activities do not include: routine agricultural operations involving cultivation and harvesting, and the implementation of practices recommended in a soil and water conservation plan.

Restoration

Restoration is the reconstruction without modification to a structure, the cost of which equals or exceeds 50% of the full replacement cost of the structure at the time of restoration. Modifications, however, may be allowed if they do not exceed pre-existing size limits and are intended to mitigate impacts to natural protective features and other natural resources.

Structure

Structure is any object constructed, installed or placed in, on, or under land or water including, but not limited to, a building; permanent shed; deck; in-ground and above ground pool; garage; mobile home; road; public service distribution, transmission, or collection system; tank; pier; dock; wharf; groin; jetty; seawall; revetment; bulkhead; or breakwater; or any addition to or alteration of the same.

Structural hazard area

Structural hazard areas are shorelands located landward of natural protective features that are decreasing at a long-term average annual recession rate of 1 foot or more per year. The landward limit of a structural hazard area is calculated by measuring, from the most landward limit of the most landward natural protective feature, along a perpendicular line to the shoreline to a distance landward that measures 40 times the long-term average annual recession rate.

Erosion protection structures with the CEHA regulations are defined as:

Structures specifically designed to reduce or prevent coastal erosion such as a groin, jetty, seawall, revetment, bulkhead, breakwater, or artificial beach nourishment project.

CEHA Map Definitions

CEHA line

Coastal Erosion Hazard Area (CEHA) line was used informally to collectively describe the location of the natural protective feature area (NPFA) line and the structural hazard area (SHA) lines. Regulated activities (505. 7 and 505.8 ) require a Coastal Erosion Management Permit before the projects can be started.

NPFA line

Natural Protective Feature Area (NPFA) line describes the landward limit of beaches, dunes and bluffs that are regulated through a Coastal Erosion Management Permit.

SHA line

Structural Hazard Area (SHA) line describes the landward limit of the land located landward of the NPFA, which have shorelines receding at a long-term average annual recession rate of 1 foot or more per year.