Tidal Wetlands (ECL Art. 25 / Part 661)

6 NYCRR Part 661; ECL Article 25 (Tidal Wetlands Act)

The Tidal Wetlands Act (ECL Article 25), implemented through 6 NYCRR Part 661, requires a NYS DEC permit for almost any activity that would alter tidal wetlands or their adjacent areas, which extend up to 300 feet inland from the wetland boundary (150 feet within New York City). Section 661.5 use guidelines classify activities as compatible or incompatible by tidal wetland type, and Section 661.6 development restrictions impose requirements including minimum lot sizes, building and septic setbacks, impervious-surface limits, and stormwater runoff controls.