New York City requires a state wetland ruling before approving building plans on flagged lots
Since August 17, new building, enlargement, earthwork and foundation filings on lots flagged for wetlands or coastal erosion need a state jurisdictional determination, and any required state permit, before city approval.
Developers building near water or wetlands in New York City now need a state answer on wetland jurisdiction before the city will approve their plans, which puts state review on the critical path for new buildings and enlargements. In a service notice dated August 10, 2026, the New York City Department of Buildings (“DOB”) required that, from August 17, 2026, certain filings on properties flagged for tidal wetlands, freshwater wetlands or a coastal erosion hazard area include a jurisdictional determination from the New York State Department of Environmental Conservation (“DEC”), and any DEC permit it calls for, before approval. The state programs behind the flags are the freshwater wetlands permit under N.Y. Envtl. Conserv. Law § 24-0701, the tidal wetlands permit under N.Y. Envtl. Conserv. Law art. 25, and coastal erosion hazard areas defined in N.Y. Envtl. Conserv. Law § 34-0103(3).
N.Y.C. Dep't of Bldgs., Service Notice, Required Documents to be Submitted in DOB NOW: Build for Job Filings in Designated Wetland Areas (Aug. 10, 2026); N.Y. Envtl. Conserv. Law § 24-0701; N.Y. Envtl. Conserv. Law § 25-0401; N.Y. Envtl. Conserv. Law § 34-0103(3)