Stock photo (Unsplash), not a job photo.
The permit stack
- StateNYSDEC: Tidal Wetlands (Article 25) and Excavation & Fill in Navigable Waters (Article 15), plus a Section 401 Water Quality Certification. Most replacements go through the general permit instead.
- FederalU.S. Army Corps of Engineers: maintenance of existing structures is typically covered by Nationwide Permit 3, with New York District regional conditions.
- CoastalNYS Department of State: coastal consistency review when a federal permit is involved.
- LocalTown, city, village or Town Trustees: every jurisdiction differs. See your town below.
NYSDEC bulkhead general permit (GP-1-22-001): do you qualify?
GP-1-22-001, "Tidal Wetland Bulkhead Replacement With Dredging," took effect October 25, 2022 for Nassau and Suffolk counties. It's built for the common case: replacing a wall that's already there.
- Likely yes if…You're replacing a functional, lawfully existing bulkhead in place or landward. Resheathing may sit up to 4 inches seaward (timber boards) or 8 inches (corrugated vinyl or steel). The new wall can be up to 18 inches higher, or more if FEMA flood elevations justify it.
- Also coveredLimited maintenance dredging in the littoral zone: up to 10 ft seaward of the bulkhead on bulkheaded canals and 5 ft on bay and river fronts, to a maximum of −4 ft at mean lower low water, and in-place replacement of related structures like moorings and stormwater outfalls.
- Likely no if…The property is in a Coastal Erosion Hazard Area or a high-energy wave area, the work is within 10 feet of vegetated tidal wetlands or eelgrass/submerged vegetation, or it's on a bay marsh island. Those need an individual permit.
- Also no if…You want the wall further out than the resheathing limits, a new bulkhead where none exists, or to fill an area. Those are individual-permit projects, and some are denied.
What the request needs: a site location map, plans with a survey showing the existing bulkhead, three dated color photos, and a Permission to Inspect Property form, sent to the DEC Region 1 Permit Administrator. No work is allowed until you get the signed authorization.
Dredging timing: on bay and river fronts, dredging under the general permit is prohibited from January 1 through September 30 each year to protect spawning shellfish and finfish, and it's allowed only once with the replacement (canal dredging isn't subject to that window). The permit took effect October 25, 2022 and expires October 24, 2032. At least 48 hours before work starts, the permittee and contractor must sign and return DEC's notice of commencement.
The town layer: how each jurisdiction differs
| Where | Who issues the local permit | Notable rule |
|---|---|---|
| Hempstead | Dept. of Conservation & Waterways (Ch. 168), online via OpenGov | At least 3 bog probings plus a licensed survey; won't approve enlarging your property |
| Oyster Bay | Dept. of Planning & Development (Ch. 241) | Neighbor radius map and mailed notice; past the property line goes to the Town Board |
| Babylon | Building permit (plus dredging permit via Town Clerk if dredging) | No barges or cranes at residential bulkheads without a permit (§ 86-8C) |
| Islip | Town permit (Ch. 37) | One-time replacement within 18 in. on Town-owned bottom; mitigation fee |
| Brookhaven | Division of Environmental Protection (Ch. 81) | South Shore: new bulkheads prohibited unless necessary; walls max 3 ft above apparent high water |
| Long Beach | City Building Department | City Code Art. IV §§ 6-67–6-72; City's own walls going to ~9–10 ft NAVD |
| Southampton | Town Trustees (Ch. 111) | No chemically treated wood; floats and lifts need their own permit |
| Southold | Board of Town Trustees (Ch. 275) | Contractor must hold a Southold coastal contractor license |
Villages (Freeport, Massapequa Park, Bayville, Brightwaters, Patchogue, Greenport and others) usually run their own permits. Check which municipality is on your tax bill.
- Town of Hempstead
- Town of Oyster Bay
- Town of Babylon
- Town of Islip
- Town of Brookhaven
- City of Long Beach
- Town of Southampton
- Town of Southold
Frequently asked questions
Is there a fee for DEC's bulkhead general permit?
No application fee is required for GP-1-22-001, according to the engineering firm Walden Environmental's summary of the permit. Town permits and consultant or surveyor fees are separate.
How long do bulkhead permits take on Long Island?
A straightforward in-kind replacement under the general permit typically takes a matter of months, including the town layer. Individual DEC permits near wetlands or with footprint changes take considerably longer. No work may start until you have the signed authorization.
Who's responsible for getting the permits, me or the contractor?
Whoever the contract says. Many marine contractors or their consultants handle it, but it must be written into the contract. Disputes over who was supposed to get permits are a classic cause of stalled jobs.
Do I need an Army Corps permit too?
Often. Repair or replacement of a previously authorized, currently serviceable structure is typically covered by the Corps' Nationwide Permit 3 (maintenance), subject to its conditions and the New York District's regional conditions. Your contractor or consultant will confirm whether pre-construction notification is needed.
Can I do a small repair without any permit?
Minor in-kind work like cap boards or a tie-back reinforcement often doesn't need a DEC permit, but your town may still require one. Confirm before work starts.
Sources
- NYSDEC — General Permit: Bulkhead Removal and Replacement
- NYSDEC — GP-1-22-001 Tidal Wetland Bulkhead Replacement With Dredging (signed permit)
- Walden Environmental Engineering — New Bulkhead Permit for Long Island Residents (Nov 2022)
- Town of Hempstead — Structures in Waterways (Dept. of Conservation & Waterways)
- Town of Oyster Bay Code Ch. 241, Art. II — Docks, Moorings, Piers, Bulkheads, Floats
- Town of Islip Code Ch. 37, Art. III — Navigation Regulations (§§ 37-53 to 37-53.3)
- Town of Babylon Code Ch. 86 — Boats (§ 86-8C barges and cranes)
- Town of Brookhaven Code Ch. 81, § 81-14 — dock and shore protection standards
- Town of Southampton Code Ch. 111, Art. VI — Construction in and Adjacent to Town Waters
- Town of Southold Code Ch. 275 — Wetlands Law (coastal contractor licensing § 275-3.1)
- City of Long Beach — Building Department (bulkhead & dock permits)
- Federal Register, Jan 8 2026 (91 FR 768) — Reissuance of Nationwide Permits (NWP 3 Maintenance; effective Mar 15 2026 – Mar 15 2031)
- NYS Department of State — Federal consistency review for projects requiring federal permits