REGULATIONS
DEC is responsible for implementation of the State Environmental Quality Review Act. With respect to SEQR, most projects or activities proposed by a state agency or unit of local government, and all discretionary approvals (permits) from a NYS agency or unit of local government, require an environmental impact assessment as prescribed by 6 NYCRR Part 617 State Environmental Quality Review (SEQR)]. SEQR requires the sponsoring or approving governmental body to identify and mitigate the significant environmental impacts of the activity it is proposing or permitting
Dredge and Fill: Under Section 404 of the Clean Water Act and Sections 9 and 10 of the Rivers and Harbors Act, the U.S. Army Corps of Engineers (ACOE) regulates the disposal of dredged or fill material into waters of the United States. Under Section 401 of the Clean Water Act, states have the authority to review and approve, condition, or deny all Federal permits or licenses that might result in a discharge to waters of the state, including wetlands.
Before a federal activity can be permitted or authorized, the state must issue a Section 401 Water Quality Certificate, certifying that the proposed activity will not violate water quality standards, and that it complies with other appropriate requirements of New York State law. During the review of the project, the State may impose conditions to the certificate to ensure water quality is protected, and that any environmental impacts are minimized. If a Section 401 Water Quality Certificate is issued with specific conditions, these conditions become part of the Federal permit.
Types of activities covered under the Section 401 Water Quality Certificate include; the placement of dredge and fill material in waters of the United States; construction of dams and dikes; erosion control or property protection devices such as rip-rap and bulkheads; and fill for recreational, industrial, commercial, residential, and other uses.
For more information see www.dec.ny.gov/lands/5505.html
Fire Island is a unique community. We are a beach resort, yet we are within a national park. We have bustling towns, yet we have long stretches of uninhabited wetlands and beaches. We necessarily interact with a number of regulatory agencies at the federal, state, and county level in order to obtain relevant information and permits.
Dredge and Fill: Under Section 404 of the Clean Water Act and Sections 9 and 10 of the Rivers and Harbors Act, the U.S. Army Corps of Engineers (ACOE) regulates the disposal of dredged or fill material into waters of the United States. Under Section 401 of the Clean Water Act, states have the authority to review and approve, condition, or deny all Federal permits or licenses that might result in a discharge to waters of the state, including wetlands.
Before a federal activity can be permitted or authorized, the state must issue a Section 401 Water Quality Certificate, certifying that the proposed activity will not violate water quality standards, and that it complies with other appropriate requirements of New York State law. During the review of the project, the State may impose conditions to the certificate to ensure water quality is protected, and that any environmental impacts are minimized. If a Section 401 Water Quality Certificate is issued with specific conditions, these conditions become part of the Federal permit.
Types of activities covered under the Section 401 Water Quality Certificate include; the placement of dredge and fill material in waters of the United States; construction of dams and dikes; erosion control or property protection devices such as rip-rap and bulkheads; and fill for recreational, industrial, commercial, residential, and other uses.
For more information see www.dec.ny.gov/lands/5505.html
Fire Island is a unique community. We are a beach resort, yet we are within a national park. We have bustling towns, yet we have long stretches of uninhabited wetlands and beaches. We necessarily interact with a number of regulatory agencies at the federal, state, and county level in order to obtain relevant information and permits.
