New Bulkhead Permit for Long Island Residents

The New York State Department of Environmental Conservation (NYSDEC) has recently released a new General Permit (GP-1-22-001), effective 10/25/2022, for Tidal Wetland Bulkhead Replacement with Dredging. The permit is available for use in Nassau and Suffolk Counties, and replaces permit GP-1-18-001, which was set to expire on 8/20/2023.

There is no application fee required for the new permit, and only a limited number of supporting plans and documents are required to be submitted in support of the application. This is greatly beneficial to property owners, who will save time and expenses under the new process. The new permit is intended to be available for ten years.

The new permit allows:

• Removal and replacement of lawfully existing bulkheads either landward or in-place of the existing bulkhead, including re-sheathing of bulkheads up to 4 inches seaward with timber boards, and 8 inches seaward for corrugated material like vinyl and steel.
• A replacement to be an additional 18 inches higher than an existing bulkhead, or greater than 18 inches, where justified by local FEMA flood elevations.
• Localized maintenance dredging associated with the bulkhead replacement. Dredging up to -4 feet Mean Lower Low Water (MLLW) is permitted 10 feet seaward of a bulkhead in canals and creeks, and 5 feet on open bays and river fronts.
• In-kind replacement of additional features such as moorings and stormwater infrastructure.

Who can apply?

The General Permit is available for use in all of Nassau and Suffolk Counties, except for properties within Coastal Erosion Hazard areas, vegetated tidal wetlands, submerged aquatic vegetation beds, and marsh island communities. More detailed applications and different permits are still required within these areas.

If you have further queries about the permit or would like to discuss upgrades to the bulkhead on your property, please contact Walden at 516-588-6859 and speak to one of our knowledgeable staff who can assist.