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. InNewYorkand throughout the United States, wetlands are protected on public and private property. WHY PROTECT WETLANDS? You may have grown up thinking that the best wetland was oneconvertedtoanother use, drained foragricultureorfilled for development. But wetlands contribute positively to the social, economic, and environmental health of our nation in manyways: * Byfiltering pollutants, nutrients, and sediments, wetlands protect water quality in lakes, rivers, streams, and wells. * By storing runoff from heavy rains and snow melts, wetlands reduce flood damage. * By acting as shoreline buffers, wetlands protect against erosion from waves and currents. * By providing essential habitat for fish, waterfowl, and otheranimals, wetlands provide recreational opportunities for state residents and visitors and contribute to local economies. * Through nutrientexportwetlandssupportthefood chain on which wildlife, fisheries, and shellfisheries depend. These supportthe hunting, commercial and sport fishing, and shellfish industriesand contributeto local economies. * By providing beautiful open spaces, wetlandsenhancethe quality of life, private property values, and tourism. Many of these values were not widely appreciated until the 1970's and 80's. By then, more than half of the nation's 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. 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 YorkState Department of Environmental Conservation (DEC), the New York State Adirondack Park Agency (APA), theU.S.ArmyCorpsof Engineers(Corps),andtheinformation presented here. Let this fact sheet be your guide. Glance through it once to see how it's organized - then use it as a reference as you buy property, design your project, and prepare permitapplications. (OUfc's Insufo 7 ^PROJECT PLANNING CHECKLIST The essential steps + GUIDE TO WETLAND LAWS Regulations, regulators, and related programs ^CONTACTS LIST A county-by-county phone directory ------- PROJECT PLANNING CHECKLIST BUYING AND BUILDING WITH CARE During the planning processof your project, you should contact your local government, the regional DECoffice,theAPAif 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! C T p D 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 of these decisions will be based on observation and good judgment, others may be determined byzoning regulations or environmental protection laws. A. Gather relevant documents such as propertydescriptions, 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 state- regulated wetlands that are officially mapped on the property. Note that APA wetlands aredistinct from other state-regulated wetlandsand that both of these can differ from federally-regulated wetlands. This is because these agencies usedifferentwetlandjurisdictionalordelineation criteria. C. If wetland locationsand/orboundaries must bedetermined more precisely, you may request a delineation by the regionalCorpsoffices,DECoffices,ortheAPAheadquarters. Or, you maychooseaconsultanttodelineatethe 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. STEP Learn the Basics About Wetland Regulations Keep in mind that programs at three levels of government- local, state, & federal - may regulate activities in wetlands (see the Guide to Wetland Protection Laws that follows this checklist). A. Ask local government, DECor APA, and Corps staff to help determine which laws apply to your project. Ifthelandis farmed or has been farmed in the past, contactthe Natural Resources Conservation Service (NRCS). The land may beaconverted wetland, afarmed wetland, a priorconverted 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 yourconclusions with local government, DECor APA, and Corps staff. A pre-application conference with the Corps and DEC or APA is recommended, and can be arranged bycontactingtheappropriateregional regulatory office of the Corps, the DEC, or the Adirondack Park Agency headquarters. 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. ------- C T p D Modify Your Project Design Or Location » If Necessary A. Make and use a checklist of laws that affect your property. B. Lookfordesignalternativesthatavoidwetlands. Minimize the project scope and its adverse impacts. C. If the project design can't be altered to comply with applicable regulations, try to change the location or investigate an alternative use for the property. C T p D Complete Permit Applications Rememberthatyou may need permits from two or more regulatory agencies, and that each permit mustbeapproved beforeyou begin. Violation of these permit requirements is causeforenforcement actions by local, state, and/orfederal authorities which may imposefines and requirecompensation. 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 theapplication 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,applicationstotheregionalCorpsofficearerequired. Forapplications inside the Adirondack Park, separate applications to the APA and the Corps are required. A. Include scale drawings, cross-sections, property descriptions, proposed const ruction 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 timeinyourprojecttoaccommodate permit processing (see Permit Review Timetable on page 8) and any potential modifications or special conditions required in the regulatory process. 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 Parkthe maps include wetlands down to the one acre threshold and all wetlands adjacent to open water. These maps are used to determine the presenceoffreshwaterwetlands on particular properties. Copies of maps are availableforreviewat local government clerk's offices, DEC regional off ices, 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 fortheirareas. 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 zonetothewetland. The Freshwater Wetlands Act grantsthe administration of wetlands within the Adirondack Parktothe APA. Wetlands over one acre in size, or any size wetlands adjacent to open waterare 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 underthe 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 statewaterqualitystandardsasa condition ofthefederalpermitapproval. In most cases DECadministers water quality certification. Water quality certifications are required forall actions under regulatory authority of Section 404 of the federal Clean Water Act. Waterfront Revitalization of Coastal Areas and Inland Waterways Act U nderthis Act, the NYS Department of State (DOS) admi nisters 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 thatoccurinornear navigable and protected waters of the state. Regulated activities includeany alteration orexcavation of the bed or banksof the waterway including adjacent wetlands. Uniform Procedures Act This Act standardizes procedures for processing DEC's 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 beconsidered complete unless certain requirements of SEQRA have been met. This initially involves the filing by the applicant of a completed Environmental Assessment Form (EAF). Morecomplexprojects 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 APAAct, both of which regulate activities in or near wetlands. Wetland mapsforthoseportionsof counties lying within the Adirondack Parkare located at APAheadquartersand in town and county clerk offices of affected municipalities. APA: (518)891-4050. ------- Adirondack Park Agency Act The APA Act protects wetlands by regulating activities in or nearwetlandsthatposethethreat 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 place- ment 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 forall 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 underSection 10. Coastal waters, major rivers, the BargeCanal, and theGreatLakesareexamples of navigable waters. Contact the Corps district offices in New York City or Buffalo for information aboutthesefederal regulations (seeContects List). PermitapplicationsforCorps-regulatedactivitiescanbe obtained from the Corps or from regional DEC offices. U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) Within the Section 404 Program, EPA develops the environ- mental guidelines by which permit applications must be evaluated, reviews proposed permits, mayprohibitdischarges with unacceptable adverse impacts (404[c]), establishes jurisdictional scope of waters of the United States; and interprets Section 404 exemptions. EPAand the Corps share enforcement authority. EPA Region 2:(212)637-3783. FARM SERVICE AGENCY (FSA) FSA administers the 1990 federal Farm Bill, which includesthe Wetlands Reserve and the Swampbuster programs. County FSAagents are best able to answerwetland questions relating to these prog rams and can provide aerial land (crop) photos. FSA: (315) 477-6301 NATURAL RESOURCES CONSERVATION SERVICE (NRCS) N RCS field offices in most counties providetechnical support for the FSA prog rams; they conduct wetland inventories and makewetland determinations for the Swampbuster prog ram. The EPA, Corps, and N RCS aredevelopingprocedurestoallow 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. N RCS identifications are not a substitute for NYS Wetland Maps. NRCS: (31 5) 477-6504 U.S. FISH AND WILDLIFE SERVICE (USFWS) USFWS field offices in New Yorkassist 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 orendangeredwildlifespecies issues (Section 7 of the federal Endangered Species Act). USFWS: (607) 753-9334. COUNTY SOIL AND WATER CONSERVATION DISTRICTS (SWCD) Thesedistrictsare partners with FSAand NRCS inassisting 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. ForSWCD 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 mayalso work with local planning or zoning staff in administering local land use laws. ------- 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 preserveafreshwaterwetland. Mitigation: mitigation refers to the avoidance and minimization of detrimental impactsand compensation forthe loss of wetlands and theirfunctions. 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 ma ps can be purchased throughtheCornell Institute for Resource Information Systems (Cornell IRIS) at (607)255-extensions 6529 or 4868. Contact 1-800-USA- MAPS 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 u p to mea n 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): anyform 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 su bject to regulation whether or not they occu r 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 wateratafrequencyand duration to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted forlifein saturated soil conditions. Wetlands include swamps, bogs, marshes, and wet meadows. Wetlands (New York State): a) lands and submerged lands... supporting aquatic orsemi- aquatic 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.andthatsuchconditionscanbe expected to persist indefinitely barring human intervention; c) lands a nd water su bstantially enclosed by aquatic or semi- aquatic 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 theirfarms. ------- CONTACTS LIST: NEW YORK WETLAND REGULATIONS COUNTY CLERK DEC CORPS COUNTY CLERK DEC CORPS 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 518-487-5110 518-357-2069 518-270-0588 716-268-9270 716-372-6242 716-879-4330 718-590-3646 718-482-4997 212-264-0184 607-778-2451 607-753-3095 716-879-4330 716-938-9111 716-372-6242 716-879-4330 315-253-1271 315-426-7438 716-879-4330 716-753-4331 716-372-6242 716-879-4330 607-737-2920 716-226-2466 716-879-4330 607-337-1450 607-753-3095 716-879-4330 518-565-4700 518-897-1234 518-270-0588 518-828-3339 518-357-2069 518-270-0588 607-753-5021 607-753-3095 716-879-4330 607-746-2123 607-652-7741 518-270-0588 914-486-2132 914-256-3054 212-264-0184 716-858-8865 716-851-7165 716-879-4330 518-873-3600 518-897-1234 518-270-0588 518-481-1684 518-897-1234 518-270-0588 518-762-0556 518-623-3671 518-270-0588 716-344-2550 716-226-2466 716-879-4330 518-943-2050 518-357-2069 518-270-0588 518-518-7111 518-897-1234 518-270-0588 315-867-1129 315-793-2555 716-879-4330 315-785-3081 315-7852245 716-879-4330 718-643-7037 718-482-4997 212-264-0184 315-376-5333 315-785-2245 716-879-4330 716-243-7010 716-226-2466 716-879-4330 315-366-2260 315-426-7438 716-879-4330 212-374-8360 718-482-4997 212-264-0184 716-428-5177 716-226-2466 716-879-4330 518-853-8115 518-357-2069 518-270-0588 516-571-2661 516-444-0365 212-264-3912 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 716-439-7022 716-851-7165 716-879-4330 315-798-5775 315-793-2555 716-879-4330 315-435-2227 315-426-7438 716-879-4330 716-396-4200 716-226-2466 716-879-4330 914-291-2690 914-256-3054 212-264-0184 716-589-5334 716-226-2466 716-879-4330 315-349-8385 315-426-7438 716-879-4330 607-547-4276 607-652-7741 518-270-0588 914-225-3641 914-256-3054 212-264-0184 718-520-3135 718-482-4997 212-264-0184 518-270-4080 518-357-2069 518-270-0588 718-390-5396 718-482-4997 212-264-0184 914-638-5221 914-256-3054 212-264-0184 315-379-2237 315-785-2245 716-879-4330 518-885-2213 518-623-3671 518-270-0588 518-388-4221 518-357-2069 518-270-0588 518-295-8316 607-652-7741 518-270-0588 607-535-8133 716-226-2466 716-879-4330 315-539-5655 716-226-2466 716-879-4330 607-776-9631 716-226-2466 716-879-4330 516-852-2001 516-444-0365 212-264-3912 914-794-3000 914-256-3054 212-264-0184 607-687-8660 607-753-3095 716-879-4330 607-274-5551 607-753-3095 716-879-4330 914-340-3040 914-256-3054 212-264-0184 518-761-6427 518-623-3671 518-270-0588 518-746-2171 518-623-3671 518-270-0588 315-946-5870 716-226-2466 716-879-4330 914-285-3080 914-256-3054 212-264-6730 716-786-8810 716-851-7165 716-879-4330 315-536-5120 716-226-2466 716-879-4330 * Portions of these counties lie within the Adirondack Park (518) 891-4050 For general wetlands information call: EPA Wetlands Hotline at 1-800-832-7828 New York County Clerks telephone listings are from http://www.usaguides.com/nys/ctyclrks.htm ------- PERMIT REVIEW TIMETABLE 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 daysafterthecloseof a public hearing. Timeframesmaybe suspended by mutual agreement of DECandtheapplicant, by enforcement actions, or by SEQRA reviews. Printed on recycled paper If EPA, USFWS, or NMFS exercise their option to elevate a permit decision to the national level, u nder 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. Atthestatelevel,timeframesand processing procedures forwetland perm its a re 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 of Ecology for use of the illustrations on page 5. &EPA ------- |