Federal Wetland Permits
Federal wetlands permit a maximum possible disturbance of one-tenth (0.1) of an acre or 4,356 square feet without obtaining a Nationwide Permit from the ACOE. All that is required for projects that fall under this classification is a pre-construction notification (PCN) to the ACOE. With a PCN, the ACOE has 45 days to review the proposed disturbance. If the Corps of Engineers does not respond within 45 days of receipt of the PCN submittal, disturbance of the wetland may commence. For projects with greater than one-tenth of an acre disturbance, a Nationwide Permit is required to be obtained from the ACOE. This permit requires the mitigation of the disturbed wetlands through the creation of new wetlands on another portion of the site. The mitigation is often required to be completed on a 1.5 or 2 to 1 ratio (1.5 to 2 square feet for every 1 square foot of disturbance.
State Wetland Permits
State wetlands include a 100-foot regulated buffer area outside of the actual wetland boundary. Any disturbance of the wetland or buffer area requires a wetland permit from NYSDEC. If you are considered developing a site, we recommend you review the NYSDEC’s Environmental Resource Mapper to determine if the site potentially contains any state-regulated wetlands or waterbodies. If so, additional field delineation may be required. The Environmental Resource Mapper is a great tool to get your project started in the right direction. If a NYSDEC permit is anticipated, we recommend a Pre-Application Meeting be scheduled with the DEC. This preliminary meeting allows the NYSDEC to review the proposed plans and discuss any pitfalls or changes they may want before a substantial amount of time and money is spent on the development of a site plan or subdivision plan.
Getting it right.
If your site contains wetlands, we recommend they be delineated and located as early as possible to determine the amount of land available for development and if any wetland permits would be required.
Knowing the precise location of these regulated areas allows your development plan to be designed to minimize the disturbance or remove disturbances entirely. If disturbance permits are unavoidable, MNTM has the expertise to guide you through the approval process. We have spent years working with both NYSDEC and ACOE on a multitude of projects, ensuring you receive professional service from people who know the requirements.