Do I Need a Permit?

What to do if a proposed action or project is in, or near, the areas shown in the Rare Plants and Rare Animals and Significant Natural Communities data layers:

The areas displayed in the Rare Plants and Rare Animals data layer are not precise locations, but rather show the vicinity around known locations. Whether a given action or project will impact a rare animal, a rare plant, or a significant natural community, and in what manner and to what degree, will require further consultation.

If the project or action is within a location displayed in the Rare Plants and Rare Animals or Significant Natural Communities data layer, or is close enough to a location that off-site effects are possible (such as surface water runoff, soil erosion, downstream water quality changes, or access road construction); and if the project or action requires a review under the State Environmental Quality Review Act (SEQR), or requires review by NYS DEC for possible permits, please submit a request for a project screening to the NY Natural Heritage Program, or to your local Regional DEC Division of Environmental Permits office for the county in which the project is located. More information on requesting a project screening from NY Natural Heritage is available at How To Request NYNHP Data . Note that in many cases this more detailed project screening will determine that there are no concerns regarding potential impacts from your project on rare species or significant natural communities.

Animal and plants listed under New York State regulations as Endangered, Threatened, Special Concern, and Rare are protected under New York State law. Unlisted species, while not under the same level of protection as listed species, are ranked by NY Natural Heritage as rare in New York State, and therefore are a vulnerable natural resource of conservation concern. All rare plants and animals, listed or unlisted, should be addressed in environmental reviews which consider impacts on all natural resources, such as reviews conducted under New York’s State Environmental Quality Review Act (SEQR).

Significant Natural Communities are tracked by NY Natural Heritage because they serve as habitat for a wide range of plants and animals, both rare and common; and because natural communities in good condition provide ecological value and services. While not protected by New York State regulations per se, Significant Natural Communities should be addressed in environmental reviews which consider impacts on all natural resources, such as reviews conducted under New York ’s State Environmental Quality Review Act (SEQR). Many wetland natural communities are protected by New York State as Regulatory Freshwater Wetlands; see the section for Freshwater Wetlands under the “Need a permit?’ tab.

If the project or action is far enough away from all locations displayed in the Rare Plants and Rare Animals or Significant Natural Communities data layers that there will not be any direct or off-site impacts from the project or action, then the NY Natural Heritage Program has no further information relative to this project or action, and there is no need to submit a request for a project screening. However, not all of New York State has been surveyed, so if your area of interest shows no locations of rare animals or rare plants, we can’t definitively say there are no rare plants or animals there ; all we can say is that NY Natural Heritage has no information about that area . On-the-ground field surveys may be necessary to fully assess the environmental impacts of the proposed project or action, especially at previously undeveloped and undisturbed sites.

 

What to do if the results of the Identify tool show Old and Potential Records at or near the location of a proposed action or project:

The records listed under Old and Potential Records in the results window of the Identify tool are only potential areas for rare animals or rare plants. For these historical and imprecise records, it is not known whether the rare plant or animal still exists at these locations, and/or it is not known precisely where the rare plant or animal was located when it was last observed. However, the rare plant or animal listed in the record may still occur in the area if habitat and site conditions are favorable. If the site of the project or action contains habitat that could still support the rare animal or plant, an on-the-ground field survey may be necessary to determine whether it currently occurs there. Since a field visit to a project site is often conducted in any case in order to fully assess all the environmental impacts of the proposed project or action, it is recommended that field surveyors be on the lookout for those plants or animal listed in old and historical records.

For information on the habitats of specific plant and animal species, please visit NY Natural Heritage’s Conservation Guides , NatureServe Explorer , NYSDEC’s Endangered Species fact sheets (for animals), and USDA’s Plants Database (for plants).

For records listed under Old and Potential Records in the results window of the Identify tool, it is not necessary to request a project screening from the NY Natural Heritage Program, as the information about these records is already displayed here in the results window.

 

What to do if there is NOT a proposed action or project, and you have a question regarding the areas shown in the Rare Plants and Rare Animals and Significant Natural Communities data layers:

Please contact the New York Natural Heritage Program
625 Broadway, Albany , NY 12233-4757
NaturalHeritage@dec.ny.gov

Information on the exact locations of rare animals and rare plants is often sensitive, due to potential disturbance or harm from collectors and visitors, and due to landowner concerns. Therefore, such information is generally not released by NYS DEC. If your area of interest is within a location displayed in the Rare Plants and Rare Animals data layer, you may request more information from the NY Natural Heritage Program, and we will answer your request in a manner consistent with the sensitive nature of the information.