BEFORE YOU BUY... BEFORE YOU BUILD

Are you buying undeveloped land? Building a home, a retail center, or marina? How about a driveway or an addition to your

cabin? In each case, the presence of wetlands may affect where and whether you build, buy, or develop. In New York and

throughout the United States, wetlands are protected on public and private property.

WH Y PROTECT WETLANDS?

You may have grown up thinking that the best wetland was

one converted to another use, drained for agriculture or filled

for development. But wetlands contribute positively to the

social, economic, and environmental health of our nation in

many ways:

6 By filtering pollutants, nutrients, and sediments, wetlands

protect water quality in lakes, rivers, streams, and wells.

6 By storing runoff from heavy rains and snow melts,

wetlands reduce flood damage.

6 By acting as shoreline buffers, wetlands protect against

erosion from waves and currents.

6 By providing essential habitat for fish, waterfowl, and

other animals, wetlands provide recreational opportunities

for state residents and visitors and contribute to local

economies.

6 Through nutrient export wetlands support the food chain

on which wildlife, fisheries, and shellfisheries depend.

These support the hunting, commercial and sport fishing,

and shellfish industries and contribute to local economies.

6 By providing beautiful open spaces, wetlands enhance the

quality of life, private property values, and tourism.

Many of these values were not widely appreciated until the

1970s and 80s. By then, more than half of the nations

marshes, swamps, bogs, and prairie potholes were gone. The

need to stop wetland loss was critical and immediate. Local,

state, and federal governments responded by creating their

own regulatory programs.

6PROJECT PLANNING CHECKLIST

The essential steps

6GUIDE TO WETLAND LAWS

Regulations, regulators, and related programs

6CONTACTS LIST

A county-by-county phone directory

T H E D R Y F A C T S THE DRY FACTS

WHERE DO I GO FROM HERE?

Will wetland regulations affect your project? You can find

out through discussions with local officials, the staff of the

New York State Department of Environmental Conservation

(DEC), the New York State Adirondack Park Agency (APA),

the U.S. Army Corps of Engineers (Corps), and the information

presented here. Let this fact sheet be your guide. Glance

through it once to see how its organized - then use it as a

reference as you buy property, design your project, and

prepare permit applications.
PROJECT PLANNING CHECKLIST

BUYING AND BUILDING WITH CARE

During the planning process of your project, you should contact your local government, the regional DEC office, the APA if your

property is located within the Adirondack Park, and the appropriate Corps district to determine what permits you may need.

Use the Contacts List in this guide to find the right numbers for your county.

Try to complete "STEP ONE" and "STEP TWO" before buying property!

STEP Get To Know The Property

Soil types, wetlands, floodplains, steep slopes,

and existing vegetation will all influence your

purchase and/or design decisions. While some

STEP

of these decisions will be based on observation and good

judgment, others may be determined by zoning regulations

or environmental protection laws.

A. Gather relevant documents such as property descriptions,

topographic maps, aerial photographs, zoning maps,

floodplain maps, U.S. Fish and Wildlife Service National

Wetland Inventory maps, ordinances or ordinance

summaries, etc.

B. Use the New York State Wetlands Maps to locate stateregulated wetlands that are officially mapped on the

property. Note that APA wetlands are distinct from other

state-regulated wetlands and that both of these can differ

from federally-regulated wetlands. This is because these

agencies use different wetland jurisdictional or delineation

criteria.

C. If wetland locations and/or boundaries must be determined

more precisely, you may request a delineation by the

regional Corps offices, DEC offices, or the APA headquarters.

Or, you may choose a consultant to delineate the boundaries

for you (subject to state, APA and Corps verification).

Given the time frames in which the government offices

can respond to delineation requests, property

owners may get a quicker delineation

through consulting services.

NEW YORK STATE

TIDAL WETLAND MAPS:

The DEC has mapped tidal wetland boundaries as

well as wetland types on aerial photography of

the entire marine district. These maps may be

viewed at local government clerk's offices and the

regional DEC offices. Tidal wetland maps may be

purchased from the Nassau-Suffolk Blue Print Co., 354

Wheeler Road, Hauppauge, NY 11788. Contact the

regional DEC office for information.

Learn the Basics About Wetland

Regulations

Keep in mind that programs at three levels of

government - local, state, & federal - may regulate

A. Ask local government, DEC or APA, and Corps staff to help

determine which laws apply to your project. If the land is

farmed or has been farmed in the past, contact the Natural

Resources Conservation Service (NRCS). The land may

be a converted wetland, a farmed wetland, a prior converted

wetland, or an abandoned converted wetland. Certain

federal regulations are applicable to farmed wetlands,

depending on the farming history.

B. Review these laws or summary pamphlets. Remember

that local ordinances may vary from one municipality to

another, and may also differ from state and federal

regulations.

C. Evaluate your project to determine whether it involves

permitted, conditional, or prohibited activities under

local ordinances.

D. Confirm your conclusions with local government, DEC or

APA, and Corps staff. A pre-application conference with

the Corps and DEC or APA is recommended, and can be

arranged by contacting the appropriate regional regulatory

office of the Corps, the DEC, or the Adirondack Park

Agency headquarters.

activities in wetlands (see the Guide to Wetland Protection

Laws that follows this checklist).
Modify Your Project Design Or Location

If Necessary

A. Make and use a checklist of laws that affect

your property.

STEP Complete Permit Applications

Remember that you may need permits from two

or more regulatory agencies, and that each permit

must be approved before you begin. Violation of

B. Look for design alternatives that avoid wetlands. Minimize

the project scope and its adverse impacts.

C. If the project design cant be altered to comply with

applicable regulations, try to change the location or

investigate an alternative use for the property.

these permit requirements is cause for enforcement actions by

local, state, and/or federal authorities which may impose fines

and require compensation.

JOINT PERMIT APPLICATION PROCESS

(DEC AND CORPS)

Outside the Adirondack Park, a joint DEC/Corps application procedure is in place

for wetland permits. Application to DEC is sufficient; a copy of the application will

automatically be forwarded by DEC to the Corps. The Corps will then begin its

processing of the application. For wetlands which the Corps but not the DEC has

jurisdiction, applications to the regional Corps office are required. For applications

inside the Adirondack Park, separate applications to the APA and the Corps are

required.

A. Include scale drawings, cross-sections, property descriptions, proposed

construction timetables, descriptions of construction techniques, photographs,

permits fees, and other supplementary materials as necessary. To expedite

review of your proposal include a set of drawings on 8.5" by 11" size paper.

B. Allow enough lead time in your project to accommodate permit processing (see

Permit Review Timetable on page 8) and any potential modifications or special

conditions required in the regulatory process.

STEP

NEW YORK STATE

FRESHWATER WETLANDS MAPS:

The DEC has mapped the approximate boundaries of all freshwater wetlands of 12.4 acres or more in New York. In some

cases, these maps include smaller wetlands of unusual local importance, and within the Adirondack Park the maps include

wetlands down to the one acre threshold and all wetlands adjacent to open water. These maps are used to determine the

presence of freshwater wetlands on particular properties. Copies of maps are available for review at local government clerk's

offices, DEC regional offices, and at the APA headquarters for those counties within the AdirondackPark. TO PURCHASE

MAPS: DEC provides an Order Form for obtaining specific maps from Syracuse Blue Print Co., Inc., 825 E.Genesee St.,

Syracuse, NY, 13210. Maps are $2.00 each plus shipping.
GUIDE TO WETLAND PROTECTION LAWS

A Directory of Regulations, Regulators, and Related Programs

LOCAL WETLAND PROTECTION

The Freshwater Wetlands Act allows local governments to

assume jurisdiction for regulating wetlands once DEC has

filed a map for their areas. Very few localities have done so

to date. However, local governments may protect wetlands

under separate local ordinances. Contact your local

government office for general guidance and information,

application forms for local zoning programs, review of

wetland maps, assistance with wetland delineations, and

explanation of permitted uses. In cities or villages, call the

municipal office to reach the appropriate person.

NEW YORK STATE DEPARTMENT OF

ENVIRONMENTAL CONSERVATION (DEC)

DEC regulatory wetlands maps are located at appropriate

county, town, and clerk offices. Contact the appropriate

regional DEC office for general guidance and information,

application forms, and review of wetland maps. DEC also

conducts wetland delineations. See the Contacts List for a

county-by-county listing of phone numbers.

Freshwater Wetlands Act

This Act preserves, protects, and conserves those freshwater

wetlands in the state that are greater than 12.4 acres in size,

and any smaller wetlands of unusual local importance. An

adjacent area of 100 feet is also protected to provide a buffer

zone to the wetland. The Freshwater Wetlands Act grants the

administration of wetlands within the Adirondack Park to the

APA. Wetlands over one acre in size, or any size wetlands

adjacent to open water are regulated within the Adirondack

Park.

Tidal Wetlands Act

This Act preserves and protects wetlands (salt marshes, flats,

etc.) now or formerly connected to tidal waters. Adjacent

areas within 300 feet (or 150 feet in New York City) of tidal

wetlands are also protected under the Act.

Water Quality Certification

Section 401 of the federal Clean Water Act requires state

certification that a federal permit (see the Corps section

following) meets state water quality standards as a condition

of the federal permit approval. In most cases DEC administers

water quality certification. Water quality certifications are

required for all actions under regulatory authority of Section

404 of the federal Clean Water Act.

Waterfront Revitalization of Coastal Areas and

Inland Waterways Act

Under this Act, the NYS Department of State (DOS) administers

the coastal program containing policies to which state

agencies must conform. Also, the federal Coastal Zone

Management Act requires notice of consistency with the

state coastal zone management plan. The NYS DOS Coastal

Zone Management program reviews project consistency.

NYSDOS, Division of Coastal Resources: (518) 474-6000.

New York State Coastal Erosion Hazard Areas Law

This program regulates activities on certain lands along the

coastal fresh and salt waters of the state, and identifies

Natural Protective Features and Structural Hazard Areas

along these coasts on Coastal Erosion Hazard Area Maps.

DEC Bureau of Flood Protection (518) 457-3157.

Use and Protection of Waters Program

This program regulates activities that occur in or near navigable

and protected waters of the state. Regulated activities

include any alteration or excavation of the bed or banks of the

waterway including adjacent wetlands.

Uniform Procedures Act

This Act standardizes procedures for processing DECs major

regulatory permits. It assures fast and complete reviews,

establishes timetables, and encourages public participation

in permit review and decision-making.

State Environmental Quality Review Act (SEQRA)

The provisions of the Uniform Procedures Act require that

applications for DEC permits cannot be considered complete

unless certain requirements of SEQRA have been met. This

initially involves the filing by the applicant of a completed

Environmental Assessment Form (EAF). More complex projects

may require a more lengthy and detailed Environmental

Impact Statement (EIS).

NEW YORK STATE ADIRONDACK PARK AGENCY

Within the Adirondack Park, the Adirondack Park Agency

(APA) administers the NYS Freshwater Wetlands Act and the

APA Act, both of which regulate activities in or near wetlands.

Wetland maps for those portions of counties lying within the

Adirondack Park are located at APA headquarters and in town

and county clerk offices of affected municipalities.

APA: (518) 891-4050.
SEQRA

SEQRA

401

Adirondack Park Agency Act

The APA Act protects wetlands by regulating activities in or

near wetlands that pose the threat of adverse impact, including

activities such as the subdivision of land.

U.S. ARMY CORPS OF ENGINEERS (CORPS)

The Corps of Engineers has jurisdiction over activities in

waters of the United States, including wetlands, under the

following legislation:

Clean Water Act - Section 404

This section of the Act regulates discharges to waters of the

United States, including filling, soil movement, and the placement of certain pilings in wetlands, and establishes a permit

program to ensure that such discharges comply with

environmental requirements. Discharges of dredged or fill

material are regulated for all waters and wetlands regardless

of size. Pre-approved general or nationwide permits may be

available for specific minor activities in wetlands.

Compensatory mitigation is only accepted for unavoidable

losses under the federal program. The Corps administers the

federal permit program.

Rivers and Harbors Act of 1899 - Section 10

This section of the Act regulates any activity that affects the

course location and capacity of a navigable water. It regulates

all activities that take place in, on, above, or underneath

navigable waters. Each Corps district maintains a list of

navigable waters regulated under Section 10. Coastal waters,

major rivers, the Barge Canal, and the Great Lakes are examples

of navigable waters.

Contact the Corps district offices in New York City or Buffalo

for information about these federal regulations (see Contacts

List). Permit applications for Corps-regulated activities can be

obtained from the Corps or from regional DEC offices.

U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA)

Within the Section 404 Program, EPA develops the environmental guidelines by which permit applications must be

evaluated, reviews proposed permits, may prohibit discharges

with unacceptable adverse impacts (404[c]), establishes

jurisdictional scope of waters of the United States; and

interprets Section 404 exemptions. EPA and the Corps share

enforcement authority. EPA Region 2:(212)637-3783.

FARM SERVICE AGENCY (FSA)

FSA administers the 1990 federal Farm Bill, which includes the

Wetlands Reserve and the Swampbuster programs. County

FSA agents are best able to answer wetland questions relating

to these programs and can provide aerial land (crop) photos.

FSA: (315) 477-6301

NATURAL RESOURCES CONSERVATION SERVICE

(NRCS)

NRCS field offices in most counties provide technical support

for the FSA programs; they conduct wetland inventories and

make wetland determinations for the Swampbuster program.

The EPA, Corps, and NRCS are developing procedures to allow

farmers to rely on written NRCS wetland jurisdictional

determinations as the final federal government position on

the extent of Section 404 Clean Water Act jurisdiction. NRCS

identifications are not a substitute for NYS Wetland Maps.

NRCS: (315) 477-6504

U.S. FISH AND WILDLIFE SERVICE (USFWS)

USFWS field offices in New York assist with wetland restoration

plans and management questions. The USFWS field office

reviews federal permit applications and related mitigation

plans, and participates in consultations with other resource

agencies regarding threatened or endangered wildlife species

issues (Section 7 of the federal Endangered Species Act).

USFWS: (607) 753-9334.

COUNTY SOIL AND WATER CONSERVATION

DISTRICTS (SWCD)

These districts are partners with FSA and NRCS in assisting the

local community in particular, and in working with counties

in protecting their natural resources. They generally have

copies of information such as DEC maps, soil surveys, and

aerial photographs. For SWCD contacts , contact the District

Committee: (518) 457-3738

COUNTY AND LOCAL ENVIRONMENTAL

MANAGEMENT COMMISSIONS

These local review bodies develop resource and other local

land use plans and recommend regulatory ordinances to the

local governing body. They may also work with local planning

or zoning staff in administering local land use laws.
GLOSSARY

Adjacent Area (New York State):

adjacent area means those areas of land or water that are

outside a wetland and within 100 feet (or 300 feet in tidal

wetlands; 150 feet in New York City in tidal wetlands),

measured horizontally, from the boundary of the wetland.

DEC may establish an adjacent area broader than 100 feet

where necessary to protect and preserve a freshwater wetland.

Mitigation:

mitigation refers to the avoidance and minimization of

detrimental impacts and compensation for the loss of wetlands

and their functions. It is required in the Corps permit process

if alternative siting and efforts to reduce impacts still result in

wetlands loss.

National Wetlands Inventory Maps (NWI):

NWI maps show the location and type of wetlands in the

United States. They can be overlaid upon U.S. Geological

Survey topographic maps. NWI maps are not a substitute for

NYS Wetlands Maps or federal wetland jurisdiction. NWI

mapping has been undertaken with the use of aerial photo

technology, and not all mappings have been ground-truthed.

The NWI maps can be purchased through the Cornell Institute

for Resource Information Systems (Cornell IRIS) at

(607)255-extensions 6529 or 4868. Contact 1-800-USAMAPS for USGS topo maps.

Navigable Waters (federal):

all presently, historically, and

reasonably potential navigable waters and all waters subject

to the ebb and flow of the tide up to mean high water in tidal

water and up to ordinary high water in freshwater areas.

Ordinary High Water Mark (federal):

the point on the bank or shore to which the presence and

action of surface water is so continuous as to leave a distinct

mark by erosion, destruction or prevention of terrestrial

vegetation, predominance of aquatic vegetation, or other

easily recognized characteristic. The OHWM defines the bed

of a lake, river, or stream.

Regulated Activity (New York State):

any form of draining, dredging, excavation, or mining, either

directly or indirectly; any form of dumping or filling, either

directly or indirectly; erecting any structures, constructing

roads, driving pilings, or placing any other obstructions

whether or not changing the ebb and flow of the water; any

form of pollution, including, but not limited to, installing a

septic tank, running a sewer outfall, discharging sewage

treatment or other liquefied wastes into or so as to drain into

a wetland; or any other activity that substantially impairs any

of the several functions or benefits of wetlands. These

activities are subject to regulation whether or not they occur

upon the wetland itself, if they impinge upon or otherwise

substantially affect the wetlands and are located within the

adjacent area. In the Adirondack Park, subdivision of land

within wetlands is a regulated activity.

Swampbuster:

a provision of the Food, Agriculture, Conservation, and Trade

Act of 1990 (1990 Farm Bill) that denies eligibility for all U.S.

Department of Agriculture farm program benefits to any

person who converts a wetland by draining, dredging, filling,

leveling, or any other means after December 23, 1985.

Wetlands (federal):

those areas that are inundated or saturated by surface or

ground water at a frequency and duration to support, and that

under normal circumstances do support, a prevalence of

vegetation typically adapted for life in saturated soil conditions.

Wetlands include swamps, bogs, marshes, and wet meadows.

Wetlands (New York State):

a) lands and submerged lands ... supporting aquatic or semiaquatic vegetation; b) containing the remnants of any

vegetation that is not aquatic or semi-aquatic that has died

because of wet conditions over a sufficiently long period,

provided that such wet conditions do not exceed a maximum

seasonal water depth of 6ft. and that such conditions can be

expected to persist indefinitely barring human intervention;

c) lands and water substantially enclosed by aquatic or semiaquatic vegetation as per a) and b); and d) the waters

overlying the areas set forth in a) and b) and the lands

underlying c).

Wetlands Reserve Program:

a voluntary program, piloted in a number of states including

New York, authorized through the 1990 Farm Bill , offering

landowners a chance to receive payments for restoring and

protecting wetlands on their farms.
CONTACTS LIST: NEW YORK WETLAND REGULATIONS

For general wetlands information call: EPA Wetlands Hotline at 1-800-832-7828

CORPS

518-270-0588

716-879-4330

212-264-0184

716-879-4330

716-879-4330

716-879-4330

716-879-4330

716-879-4330

716-879-4330

518-270-0588

518-270-0588

716-879-4330

518-270-0588

212-264-0184

716-879-4330

518-270-0588

518-270-0588

518-270-0588

716-879-4330

518-270-0588

518-270-0588

716-879-4330

716-879-4330

212-264-0184

716-879-4330

716-879-4330

716-879-4330

212-264-0184

716-879-4330

518-270-0588

212-264-3912

CLERK

518-487-5110

716-268-9270

718-590-3646

607-778-2451

716-938-9111

315-253-1271

716-753-4331

607-737-2920

607-337-1450

518-565-4700

518-828-3339

607-753-5021

607-746-2123

914-486-2132

716-858-8865

518-873-3600

518-481-1684

518-762-0556

716-344-2550

518-943-2050

518-518-7111

315-867-1129

315-785-3081

718-643-7037

315-376-5333

716-243-7010

315-366-2260

212-374-8360

716-428-5177

518-853-8115

516-571-2661

COUNTY

Albany

Allegany

Bronx

Broome

Cattaraugus

Cayuga

Chautauqua

Chemung

Chenango

Clinton*

Columbia

Cortland

Delaware

Dutchess

Erie

Essex

Franklin*

Fulton*

Genesee

Greene

Hamilton*

Herkimer*

Jefferson

Kings

Lewis*

Livingston

Madison

Manhattan

Monroe

Montgomery

Nassau

* Portions of these counties lie within the Adirondack Park (518) 891-4050

COUNTY

Niagara

Oneida*

Onondaga

Ontario

Orange

Orleans

Oswego

Otsego

Putnam

Queens

Rensselaer

Richmond

Rockland

St. Lawrence*

Saratoga*

Schenectady

Schoharie

Schuyler

Seneca

Steuben

Suffolk

Sullivan

Tioga

Tompkins

Ulster

Warren*

Washington*

Wayne

Westchester

Wyoming

Yates

CLERK

716-439-7022

315-798-5775

315-435-2227

716-396-4200

914-291-2690

716-589-5334

315-349-8385

607-547-4276

914-225-3641

718-520-3135

518-270-4080

718-390-5396

914-638-5221

315-379-2237

518-885-2213

518-388-4221

518-295-8316

607-535-8133

315-539-5655

607-776-9631

516-852-2001

914-794-3000

607-687-8660

607-274-5551

914-340-3040

518-761-6427

518-746-2171

315-946-5870

914-285-3080

716-786-8810

315-536-5120

DEC

716-851-7165

315-793-2555

315-426-7438

716-226-2466

914-256-3054

716-226-2466

315-426-7438

607-652-7741

914-256-3054

718-482-4997

518-357-2069

718-482-4997

914-256-3054

315-785-2245

518-623-3671

518-357-2069

607-652-7741

716-226-2466

716-226-2466

716-226-2466

516-444-0365

914-256-3054

607-753-3095

607-753-3095

914-256-3054

518-623-3671

518-623-3671

716-226-2466

914-256-3054

716-851-7165

716-226-2466

DEC

518-357-2069

716-372-6242

718-482-4997

607-753-3095

716-372-6242

315-426-7438

716-372-6242

716-226-2466

607-753-3095

518-897-1234

518-357-2069

607-753-3095

607-652-7741

914-256-3054

716-851-7165

518-897-1234

518-897-1234

518-623-3671

716-226-2466

518-357-2069

518-897-1234

315-793-2555

315-785 2245

718-482-4997

315-785-2245

716-226-2466

315-426-7438

718-482-4997

716-226-2466

518-357-2069

516-444-0365

CORPS

716-879-4330

716-879-4330

716-879-4330

716-879-4330

212-264-0184

716-879-4330

716-879-4330

518-270-0588

212-264-0184

212-264-0184

518-270-0588

212-264-0184

212-264-0184

716-879-4330

518-270-0588

518-270-0588

518-270-0588

716-879-4330

716-879-4330

716-879-4330

212-264-3912

212-264-0184

716-879-4330

716-879-4330

212-264-0184

518-270-0588

518-270-0588

716-879-4330

212-264-6730

716-879-4330

716-879-4330

New York County Clerks telephone listings are from http://www.usaguides.com/nys/ctyclrks.htm
FEDERAL LEVEL

The Corps review process normally is concluded within

60 days of receipt of a complete application. During this

time, the Corps issues a public notice, solicits public and

agency comments for 30 days, evaluates the proposed

action, and issues a decision. If a public hearing is held,

the decision process is lengthened.

Where a controversial action is

proposed or where an EIS is

required, the permit

process may extend to

several months or

more.

STATE LEVEL

When a project application is declared complete, the review

process begins. For minor projects, a decision should be

made within 45 calendar days. Major project reviews can

take up to 90 days if no public hearing is held, and up to 60

days after the close of a public hearing. Time frames may be

suspended by mutual agreement of DEC and the applicant,

by enforcement actions, or by SEQRA reviews.

If EPA, USFWS, or NMFS exercise their option to elevate a

permit decision to the national level, under Section 404(q),

the decision may be delayed by 30 to 60 days. IF EPA

decides to exercise its Clean Water Act Section 404(c)

authority to deny or restrict use of a site for placement of

fill material, the Corps cannot issue a permit. The 404(c)

process involves public participation and possibly hearings,

and could take up to 6 months.

At the state level, time frames and processing procedures

for wetland permits are governed in New York by provisions

of the Uniform Procedures Act and its implementing

regulations (6NYCRR Part 621). Within 15 days of receipt

of an application, DEC will determine whether it contains

all the information needed to begin review. If the

application is incomplete, the Regulatory Affairs staff will

send a notice detailing what is needed.

United States

Environmental Protection

Agency

EPA Region 2, DEPP-WPB (212) 637-3783

Publication #EPA-902-F-93-001

July 1993. Revised February 1994. Revised April 1999

The concept for this brochure originated with and was first implemented by the

Wisconsin Department of Natural Resources. We thank that agency for kindly

providing their materials for our use. We also thank Washington State Department Printed on of Ecology for use of the illustrations on page 5. recycled paper

PERMIT REVIEW TIMETABLE