NY Fishing Report - Tidal Wetlands Regulations

Tidal Wetlands Land Use Regulations (6NYCRR Part 661)

New York Marine Fisheries
Call: 516-444-0436 or 1-800-REGS-DEC

Any type of use designated in this section as a use not requiring a permit for the type of area involved is not subject to the permit requirements of this Part.
Any type of use designated in this section as a generally compatible use for the type of area involved is generally compatible with that type of area and with the preservation, protection and enhancement of the present and potential value of tidal wetlands if undertaken in that area. The compatibility of a particular use depends on the particular location, design and probable impact of the proposed use. Generally compatible uses are subject to the permit requirements of this Part.
Any type of use designated in this section as a presumptively incompatible use for the type of area involved shall be presumed not to be compatible with the type of area involved or with the preservation, protection or enhancement of the present and potential values of tidal wetlands if undertaken in that area. Any such use is subject to the permit requirements of this Part.
Any type of use designated in this section as an incompatible use is not compatible with the type of area involved or with the preservation, protection or enhancement of the present and potential values of tidal wetlands if undertaken in that area. Any such use is subject to the permit requirements of this Part.
(i) Nothing in this subdivision shall be deemed to remove any burden of proof imposed on an applicant, by section 661.9 of this Part.

The classification of uses in coastal fresh marshes, intertidal marshes, coastal shoals, bars and flats, high marshes or salt meadows, littoral zones, and adjacent areas, are as respectively indicated in the following chart taken from part 661.5(b):
Note: The notation "minor project" in the following means that applications in that class will be processed as "minor projects" under the Uniform Procedures Act

page 1 (items 1-3)	page 2 (items 4-10)	page 3 (items 11-16	page 4 (items 17-19
page 5 (items 20-21	page 6 (items 22-24	page 7 (item 25)	page 8 (items 26-32)
page 9 (items 33-40	page 10 (items 41-45)	page 11 (items 46-49)	page 12 (items 50-57)

Tidal Wetlands Permit Program: Tidal Wetlands Land Use Guidelines

USES		AREA AND USE (permit) CATEGORIES
		Fresh Marsh, Intertidal Marsh, High Marsh, Salt meadow	Coastal Shoals Bars and Flats, Littoral Zone	Adjacent Area
1.	The continuance of lawfully existing uses (including but not limited to residential, commercial, industrial, agricultural, recreational and public use) and the continuance of all activities normally and directly associated with any such use, where such continuance does not involve expansion or significant alteration of the existing use	No Permit Necessary	No Permit Necessary	No Permit Necessary
2.	Activities of the department of health or of units of local government with respect to public health, when conducted in conformance with section 25-0401 of the Act.	No Permit Necessary	No Permit Necessary	No Permit Necessary
3.	Activities subject to the review jurisdiction of the public service commission or the state board on electric generation siting and the environment under article seven or article eight of the public service law, respectively. The standards and restrictions of this Part will be applied by said bodies in determining whether to issue a certificate of environmental compatibility and public need under such articles.	No Permit Necessary	No Permit Necessary	No Permit Necessary
4.	Establishing scenic, historic, wildlife and scientific preserves, without any material alteration of the area involved.	No Permit Necessary	No Permit Necessary	No Permit Necessary
5.	Boating, hiking, swimming, camping, picnicking and other similar non-motorized forms of outdoor activity.	No Permit Necessary	No Permit Necessary	No Permit Necessary
6.	Depositing or removing the natural products of a tidal wetland (or adjacent area) in the process of recreational or commercial fishing, shellfishing, aquaculture, hunting or trapping, including the erection and maintenance of temporary hides or blinds.	No Permit Necessary	No Permit Necessary	No Permit Necessary
7.	Conducting educational and research activities not involving any material alteration of the area involved.	No Permit Necessary	No Permit Necessary	No Permit Necessary
8.	Establishing walking trails without material alteration of the area involved.	No Permit Necessary	No Permit Necessary	No Permit Necessary
9.	Establishing plantings.	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	No Permit Necessary
10.	Establishing recreational moorings.	No Permit Necessary	No Permit Necessary	No Permit Necessary
11.	Operation of motor vehicles, including but not limited to air boats and other all-terrain vehicles, for educational or scientific research purposes (provided this item shall not include operation of aircraft or mechanically propelled vessels, other than air boats).	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	No Permit Necessary
12.	Operation of motor vehicles, including but not limited to air boats and other all-terrain vehicles, for other than educational or scientific purposes (provided this item shall not include the use of aircraft or mechanically propelled vessels other than air boats).	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)	No Permit Necessary
13.	Operation of aircraft or mechanically propelled vessels other than air boats.	No Permit Necessary	No Permit Necessary	No Permit Necessary
14.	Constructing one open pile catwalk and/or dock not greater than four feet in width for any principal building.	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
15.	Constructing open pile catwalks and docks More than four feet in width; or constructing more than one open pile catwalk and/or dock not greater than four feet in width for any principal building.	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
16.	Installing a floating dock(s) totalling less than 200 square feet in area.	Generally Compatible Permit Required (minor project)	No Permit Necessary	No Permit Necessary
17.	Installing a floating dock(s) totalling 200 square feet or more in area.	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
18.	Relocation or rearrangement of floating docks, open pile docks. and similar structures within an established marina or boat basin where such activities involve no disturbance of a tidal wetland other than removing or relocating anchors or pilings.	Presumptively Incompatible Permit Required	No Permit Necessary	No Permit Necessary
19.	Constructing solid fill docks.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)
20.	Permanent or seasonal mooring of any vessel or structure to be used as a single family dwelling, multiple family dwelling, commercial use building, industrial use building or public or semi-public building.	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
21.	Ordinary maintenance and repair (not involving expansion or substantial restoration, reconstruction or modification) of existing functional structures, facilities,or improved areas, including but not limited to bridges, roads, highways, railroad beds, bulkheads, docks, beaches, piers, wharves, pilings, dolphins. buildings, landscaped or paved areas, lawns, and agricultural - and mosquito control ditches, - including for example, replacing broken boards in docks, repainting structures, redriving pilings, resurfacing paved areas, installing or removing lawful structures on a seasonal basis.	No Permit Necessary	No Permit Necessary	No Permit Necessary
22.	In-kind and in-place replacement of existing functional bulkheads and similar structures.	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
23.	Routine beach regrading and cleaning, both above and below mean high water mark	Presumptively Incompatible Permit Required	No Permit Necessary	No Permit Necessary
24.	Substantial restoration or reconstruction, of existing functional structures or facilities of any kind, except for those covered by items 22 and 26, (provided, where the installation of a new structure or facility is listed in this subdivision as NPN for a particular type of area, the substantial restoration or reconstruction of such a structure or facility on that area shall be treated in the same manner as the installation of such a new structure or facility).	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
25.	Expansion or substantial modification of existing functional facilities and structures, except for those actions covered by items 26, 33, 34 or 38 (provided where the installation of a new structure or facility is listed in this subdivision as No Permit Necessary or Generally Compatible - Permit Needed, the expansion or substantial modification of such a structure or facility shall be treated in the same manner in that area).	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
26	Substantial restoration, reconstruction, modification or expansion of existing functional residential structures which are and will continue to be located 75 feet or more (or 30 feet or more in New York City) from the most landward edge of any tidal wetland.	NA	NA	No Permit Necessary
27	Dredging	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit required
28	Maintenance dredging.	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
29	Construction of groins, bulkheads and other shoreline stabilization structures.	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
30	Filling	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)
31	disposal of dredged material.	Incompatible Use	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)
32	Construction of berms.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)
33	Construction or substantial modification of mosquito control ditches.	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
34	Construction or substantial modification of drainage ditches for other than agricultural or mosquito control purposes.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible Permit Required (minor project)
35	Cultivating and harvesting naturally occurring agricultural and horticultural products, other than activities covered by items 36 and 37 below.	No Permit Necessary	No Permit Necessary	No Permit Necessary
36	Manual harvesting of salt hay.	No Permit Necessary	NA	NA
37	Harvesting of salt hay by mechanical equipment	Generally Compatible Permit Required (minor project)	NA	NA
38	Substantial modification of existing agricultural ditches.	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)
39	New agricultural activities not covered by items 35-38.	Presumptively Incompatible - permit required	Presumptively Incompatible - permit required	Generally Compatible Permit Required (minor project)
40	Connection of electric, gas, sewer, water, telephone or other utilities from an existing distribution utility facility to an existing structure.	Generally Compatible Permit Required (minor project)	Generally Compatible Permit Required (minor project)	No Permit Necessary
41	Installation of underground electric, sewer, water, or other utilities where such installation will involve restoration of existing ground elevation, other than activities covered by item 40.	Generally Compatible permit required (minor project)	Generally Compatible permit required (minor project)	Generally Compatible permit required (minor project)
42	Installation of a dry well, retention basin, filter, open swale or pond.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible permit required (minor project)
43	Installation of a dry well, retention basin, filter, open swale or pond.	Presumptively Incompatible - permit required	Presumptively Incompatible - permit required	Generally Compatible permit required (minor project)
44	New discharge of any pollutant requiring a SPDES permit pursuant to the environmental conservation law and complying with the requirements for the issuance of such a permit.	Permit Required	Permit Required	Permit Required
45	Installation of a sewage disposal septic tank, cesspool, leach field or seepage pit and discharge of any pollutant into such facilities not requiring a SPDES permit pursuant to article 17 of the environmental conservation law.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible permit required (minor project)
46	Construction of single family dwellings and multiple family dwellings.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible permit required (minor project)
47	Construction of commercial and industrial use facilities requiring water access and public and semi-public buildings not requiring water access; and undertaking commercial and industrial use activities not requiring water access.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible permit required (minor project)
48	Construction of commercial and industrial use facilities requiring water access and public and semi-public buildings not requiring water access; and undertaking commercial and industrial use activities not requiring water access.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required
49	Construction of accessory structures or facilities for any use listed in items 46 and 47, other than accessory structures or facilities covered by item 50 or covered specifically in this list.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Generally Compatible permit required (minor project)
50	Construction of accessory structures of facilities for existing residential structures where such accessory structures or facilities are and will continue to be in full compliance with the development restructions of this Part.	Not Applicable	Not Applicable	No Permit Necessary
51	Construction of accessory structure or facilities for any use listed in item 48.	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required	Presumptively Incompatible Permit Required
52	Disposal of any chemical, petrochemical or other toxic material, including any pesticide.	Incompatible Use	Incompatible Use	Incompatible Use
53	The use or application of any chemical, petrochemical or other toxic material, including any pesticide, where not authorized by law.	Incompatible Use	Incompatible Use	Incompatible Use
54	The storage of any chemical, petrochemical or other toxic material, including any pesticide, for wholesale purposes or for purposes of distribution to persons other than the ultimate user of such materials.	Incompatible Use	Incompatible Use	Presumptively Incompatible Permit Required
55	The use or application of any chemical, petrochemical or other toxic material, including any pesticide, where otherwise authorized by law, or the storage of any such material for purposes other than wholesaling or distribution to persons other than the ultimate users of such materials.	No Permit Necessary	No Permit Necessary	No Permit Necessary
56	Disposal of solid wastes as defined in section 27-0501 of the environmental conservation law.	Incompatible Use	Incompatible Use	Presumptively Incompatible permit required
57	Any type of regulated activity not specifically listed in this chart and any subdivision of land.	Permit Required	Permit Required	Permit Required

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