Proposed Permits to Streamline Process for Solar Project Installation, Housing Development, Shoreline Erosion Protections, and Utility Right of Ways
New York State Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar announced the release of five new draft general permits and two updated general permits for various activities in State-regulated freshwater wetlands and wetland adjacent areas, protected waterbodies, and navigable waters. These draft permits were developed to help streamline the application process and provide consistency and direction to support implementation of recently adopted updated regulations to protect freshwater wetlands across New York State. DEC is accepting public comments on the proposals until March 14, 2025.
“Protecting New York’s critical wetlands continues to be a collaborative process involving valuable public and stakeholder input,” Interim Commissioner Mahar said. “The proposed new and revised general permits released today for public comment will help DEC effectively implement these requirements, streamline the permitting process for applicants, and serve to balance the environmental benefits of wetlands with economic and renewable energy development.”
Freshwater wetlands are lands and submerged lands that support aquatic or semi-aquatic vegetation. Protecting freshwater wetlands is essential for preserving biodiversity, as wetlands provide critical habitats for numerous plant and animal species. These ecosystems improve water quality by filtering pollutants, mitigate flooding by absorbing excess rainfall, and play a significant role in carbon sequestration.
The updated wetlands regulations, which took effect Jan. 1, 2025, implement new statutory requirements to safeguard an estimated one million additional acres of wetland habitat. The regulations also clarify jurisdictional status of smaller wetlands of “unusual importance” that meet one of 11 specific criteria contained in the State’s amended Freshwater Wetlands Act, which was modernized as part of the 2022-2023 State Budget. In addition, the regulations provide a streamlined wetlands classification system and process for the public to request and appeal jurisdictional determinations. The final regulations and additional resources, including informational maps and additional information, are available on DEC’s website.
The five new draft statewide general permits (GP) and two updated statewide GPs released today cover various activities in State-regulated freshwater wetlands and wetland adjacent areas, protected waterbodies, and navigable waters.
The draft Community-Scale Solar Energy Installations GP (GP-0-25-004) would allow for: installation of temporary and permanent access roads; construction of power interconnections and collection lines; vegetation clearing and ground disturbance necessary for solar project installation; and wetland mitigation and enhancement actions in areas under DEC jurisdiction.
The draft Electric Utility Right of Way Maintenance GP (GP-0-25-005) would allow for: installation of temporary access roads/laydown areas; maintenance, repair, and replacement of existing functional structures; removal of debris and existing structures; mechanical removal of vegetation; and the application of pesticides and surfactants in areas under DEC jurisdiction.
The draft Natural Gas Utility Right of Way Maintenance and Repair GP (GP-0-25-009) would allow for: installation of temporary access roads/laydown areas; maintenance, repair and replacement of existing infrastructure; and mechanical removal of existing vegetation.
The draft Housing Development GP (GP-0-25-006) would authorize various activities associated with the construction of detached single-family homes, multiple-family dwellings up to and over four units, and apartment buildings, and all unavoidable permanent and temporary disturbances associated with the development. An unavoidable impact limit acreage worksheet defines the limits of impact. Unavoidable permanent impacts would require wetland mitigation.
The draft Lakes and Shorelines GP (GP-0-25-007) would authorize various activities such as: shoreline erosion protections; repair and replacement of existing functional shoreline protection; in kind replacement or repair of boat or access ramps; installation of new single lane boat/access ramps; repair and replacement of existing functional boat houses, docks, platforms, or similar over-water structures; installation of new residential docking facility; demolition of existing structures and removal of structural fill; maintenance dredging of existing residential dockages; new navigational dredging; and installation of dry fire hydrants, water intake lines, or beach wells. The specific limits of each activity are identified in the draft permit.
The draft Management of Invasive Species (GP-0-25-008) - The existing Management of Invasive Species GP (GP-0-21-004) would be modified to authorize the management of invasive and nuisance species by various methods such as hand harvesting, suction harvesting, aquatic pesticides, benthic barriers, and mechanical raking hydroraking.
Stream Crossing for Timber Harvest General Permits (G P-0-23-004 and GP-0-23-005) - The existing Stream Crossing for Timber Harvest General Permits (GP-0-23-004 and GP-0-23-005) would be modified to include the freshwater wetland authorization.
The general permits would be issued for five years and for locations statewide with excluded jurisdictions, if applicable, identified in each GP. Specific application requirements and procedures are identified in each general permit. The full description of proposed authorized activities, terms, and conditions are available for review on DEC’s website at: https://dec.ny.gov/regulatory/
Comments are being accepted until March 14, 2025, by mail to: Kristen Cady-Poulin, NYSDEC Division of Environmental Permits, 4th Floor, NYSDEC 625 Broadway, Albany NY 12233-1750; or by email to DEPPermitting@dec.ny.gov.
Additionally, DEC previously proposed a statewide GP for various activities in State-regulated freshwater wetlands and adjacent areas, protected waterbodies, and navigable waters. The Freshwater Wetlands GP (GP-0-25-003) would be for a five-year term to allow for the repair, replacement, or removal of existing structures and facilities; construction or modification of various residential, commercial, industrial, or public structures; temporary installation of access roads and laydown areas; cutting trees and vegetation; drilling test wells; and routine beach maintenance and replenishment in areas under DEC jurisdiction. The draft permit can be found on DEC’s Freshwater Wetlands General Permit website.
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