New York Coastal Zone Development Consistency Rules

Executive Law Article 42 establishes the Coastal Management Program and the Tidal Wetlands Act under ECL Article 25 imposes statewide permitting requirements for activities in tidal wetlands. Any development requiring state agency funding, permits, or approvals within the designated coastal area must be reviewed for consistency with the 44 statewide coastal policies. Local Waterfront Revitalization Programs adopted by municipalities must conform to state policy and be approved by the Secretary of State. Tidal wetland regulation under ECL 25-0202 cannot be weakened by local law.

Activities in tidal wetlands without a DEC permit are subject to civil penalties up to ten thousand dollars per day and restoration orders under ECL Article 71. Inconsistent state agency actions can be invalidated through Article 78 challenges.