Coastal Erosion Management Permit Program

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Coastal Erosion Management Permit Program

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. View a summary of restrictions on beach and dune areas.

Coastal Erosion Hazard Areas Beach and Dune Guidance (PDF)

CEHA Maps

By County

View a list of the current CEHA maps by county.

View Maps

On DECinfo Locator

The CEHA layer can be added to the map by selecting “Coastal Erosion Hazard Areas” under the “Environmental Sensitive Areas” information layer. The official CEHA map can also be downloaded by clicking directly on the map layer at the project location.

DECinfo Locator

CEHA Communities

Coastal Erosion Hazard Area has two types of enforcement, Certified communities and state administered communities.

Before construction starts:.

  • Certified communities need to contact your municipality. Permit information, including CEHA, is available at your local building or zoning department.
  • State administered need to contact DEC for permit application requirements.

For both Certified and state administered CEHA communities several government agencies may need permits in order to complete your project. These include DEC, Army Corps of Engineers, Department of State, Office of General Services, among others.

Coastal Erosion Hazard Area (CEHA) Communities (PDF)

If your project is in a Certified community contact your municipality before you start your project. Certified communities have a CEHA permit process for their municipality. Certified communities enforce regulated activities within CEHA in their community. These communities have adopted local Coastal Erosion Management ordinance, or local law. Local government use the power of police, if needed, to enforce the regulated activities within a Coastal Erosion Hazard Area. The local programs meet the minimum standards of section 505.17 of 6 NYCRR Part 505.

Requirements of Certified Communities

The Certified community administers their own CEHA Program. They submit an assessment of their program. This is required. Every year, this assessment reports on annual CEHA activity. The law is in the Environmental Law, Coastal Erosion Management Section per 6 NYCRR Part 505.19.

Coastal Erosion Hazard Area (CEHA) Community Annual Assessment Form

To submit the CEHA Community Annual Assessment Form (PDF) via online at [email protected] or print and mailed to:

NYSDEC
Division of Water, Coastal Section
Bureau of Flood Protection and Dam Safety - 4th Floor
625 Broadway
Albany, NY 12233-3504.

If you need additional space, the Supplemental Regulated Activities Form (PDF) can be used to list additional local CEHA activities. Please include with the Local CEHA Management Program Annual Assessment Form as necessary.

Community Assistance Visits

Technical assistance is available to assists Certified communities. Help is available with program administration, enforcement, or interpretation. Please contact Coastal Erosion Management at (518) 402-8185 for more information.

Floodplain Management Resources

Professional development workshops and trainings for local floodplain administrators.

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. 34 communities have been certified by DEC and have their own coastal erosion hazard law. The other 51 communities are managed by DEC.

The coastal erosion hazard area variance request form (Fillable PDF) is now available.

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.

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

Application Checklist For Coastal Erosion Management

Follow the Instructions for completing the Joint Application Form (PDF).

Joint Application Form

The Great Lakes Erosion Control General Permit Application may be used for certain shoreline stabilization and structural repair activities along Lake Erie, Lake Ontario, Niagara River, and St. Lawrence River. All other types of projects, or projects that exceed the limits contained in the Erosion Control General Permit, are ineligible and require an individual permit from DEC using the Joint Application Form.

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.

Other required items include:

  1. Location Map. A US Geological Survey (USGS) Quadrangle Map, or equivalent, identifying the project location.
  2. Refer to the NYSDEC Coastal Erosion Management Application Checklist (PDF), available on the Department's website page to determine additional information required for project.
  3. 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.
  4. 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.

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.

All development is prohibited in Natural Protective Feature Areas and Structural Hazard Areas unless specifically allowed in the tables below, or is specifically listed in the unregulated activities table.

Activities/UsesRegulation
Excavating, grading, mining, or dredging which diminishes the erosion protection afforded by nearshore areas.Prohibited
Coastal erosion management permits for dredging may be issued for constructing or maintaining navigation channels, bypassing sand around natural and man-made obstructions, or artificial beach nourishment.Permit Required
Any deposition will require a coastal erosion management permit. Clean sand or gravel of an equivalent or slightly larger grain size is the only material which may be deposited within nearshore.Permit Required
New construction, modification, or restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments and artificial beach nourishment. 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, are excepted from this permit requirement.Permit Required

Activities/UsesRegulation
Excavating, grading, or mining which diminishes the erosion protection afforded by beaches is prohibited.Prohibited
Non-major additions* to existing structures may be allowed on beaches pursuant to a coastal erosion management permit.Permit Required
Deposition of material on beaches will be issued only for expansion or stabilization of beaches; clean sand, or gravel of an equivalent or slightly larger grain size, must be used.Permit Required

The following restrictions apply to the use of motor vehicles on beaches:

  • 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
  • Motor vehicles must not travel on vegetation.
Restrictions
New construction, modification, or restoration of docks, piers, wharves, groins, jetties, seawalls, bulkheads, breakwaters, revetments and artificial beach nourishment. 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, are excepted from this permit requirement.Permit Required
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by DEC.Permit Required

*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.

Activities/UsesRegulation
Excavating, grading, or mining of dunes.Prohibited
Clean sand obtained from excavation, dredging, or beach grading may be deposited on a primary dune, or on an area formerly a primary dune, to increase its size or restore it. Such deposition must be vegetatively stabilized using native species tolerant to salt spray and sand burial, e.g., American beach grass.Permit Required
New construction, modification, or restoration of stone revetments or other erosion-protection structures compatible with primary dunes. Such erosion protection structures will only be allowed at the seaward toe of primary dunes and must not interfere with the exchange of sand between primary dunes and their fronting beaches.Permit Required
New construction, modification or restoration of elevated walkways or stairways. Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing noncommercial access to the beach are excepted from this permit requirement.Permit Required
Non-major additions* to existing structures are allowed on primary dunes pursuant to a coastal erosion management permit and subject to permit conditions concerning the location, design, and potential impacts of the structure on the primary dune.Permit Required
Vehicular traffic is prohibited on dunes expect in those areas designated by DEC for dune crossing.Prohibited
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by DEC.Permit Required
Foot traffic which causes sufficient damage to primary dunes to diminish the erosion protection afforded by them is prohibited. Pedestrian passage across primary dunes must utilize elevated walkways and stairways, or other specially designed dune-crossing structures approved by DEC.Restrictions

*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.

Activities/UsesRegulation
Excavating, grading or mining of bluffs is prohibited, except where:Prohibited
  • The minor alteration of a bluff is done in accordance with conditions stated in a coastal erosion management permit issued for the construction of an erosion protection structure.
  • A bluff cut is made in a direction perpendicular to the shoreline to provide shoreline access. The ramp slope of bluff cuts must not be steeper than 1:6 and the side slopes must not be steeper than 1:3, if not terraced or otherwise structurally stabilized. Side slopes and other disturbed non-roadway areas must be stabilized with vegetation or other approved physical means, and completed roadways must be stabilized and drainage provided for, all in accordance with terms and conditions of a coastal erosion management permit.
Permit Required
Vehicular traffic is prohibited on bluffs.Prohibited
Non-major additions* to existing structures may be allowed on bluffs pursuant to a coastal erosion management permit.Permit Required
New construction, modification, or restoration of erosion protection structures, walkways, or stairways. Elevated walkways or stairways constructed solely for pedestrian use and built by or for an individual property owner for the limited purpose of providing non-commercial access to the beach are excepted from this permit requirement.Permit Required
Any grading, excavating, or other soil disturbance conducted on a bluff must not direct surface water runoff over a bluff face.Prohibited
Active bird nesting and breeding areas must not be disturbed unless such disturbance is pursuant to a specific wildlife management activity approved in writing by DEC.Permit Required

*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.

Activities/UsesRegulation

Movable structures may be constructed or placed within a structural hazard area only if a coastal erosion management permit has been granted. Coastal erosion management permit requirements include the following:

  • No permanent foundation is attached to the movable structure and any temporary foundations are removed at the time the structure is moved. Below-grade footings will be allowed if satisfactory provision is made for their removal.
  • No movable structure may be placed closer to the landward limit of a bluff than 25 feet.
  • No movable structure may be placed or constructed so that, according to accepted engineering practice, its weight places an excessive ground loading on a bluff.
  • A plan for the landward relocation of a movable structure, when threatened by shoreline recession, must be included with each coastal erosion management permit application.
  • Movable structures, which have been located within an erosion hazard area pursuant to a coastal erosion management permit, must be removed before the receding edge recedes to within 10 feet of the most seaward point of the movable structure.
  • Debris from structural damage which may occur as a result of sudden, unanticipated bluff-edge failure or erosion must be removed within 60 days of the damaging event.
  • The last owner of record, as shown on the latest assessment roll, of real property upon which a movable structure is placed is responsible for removing that structure and its foundation, unless the last owner of record and the owner of the structure, if the structure is not owned by the last owner of record, have made an agreement providing otherwise in a form acceptable to DEC.
Permit Required
The construction or placement of a non-movable structure, or non-movable major addition to an existing structure, is prohibited within structural hazard areas.Prohibited
Non-major additions* to existing structures may be allowed in Structural Hazard Areas pursuant to a coastal erosion management permit.Permit Required
A coastal erosion management permit is required for the installation of public service distribution, transmission or collection systems for gas, electricity, water or wastewater. Systems installed to serve coastline development along mainland shorelines must be located landward of the shoreline structures being served.Permit Required
Any grading, excavating, or other soil disturbance conducted within a structural hazard area must not direct surface water runoff over a bluff face.Permit Required

*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 Management 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.

View a list of the current CEHA maps by county.

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.

CEHA Jurisdiction

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.

Properties 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

CEHA Definitions

For full and complete definitions, see 6 NYCRR Part 505.2

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 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.

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.

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.

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.

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.

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 areas of coastlines are either:

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

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 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.

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

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

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

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

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

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

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 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 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 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.

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

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.

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

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.

Contact for this Page

DOW, Bureau of Flood Protection
625 Broadway
Albany, NY 12233

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