NYS Housing and Anti-Discrimination Notice
Replacing a bulkhead on a Bay Shore waterfront lot runs through three regulators: the New York State Department of Environmental Conservation (DEC), the Town of Islip, and, for some work, the U.S. Army Corps of Engineers. The town itself is on my Bay Shore homes page; this guide is only about the bulkhead.
TL;DR
- DEC general permit GP-1-22-001 covers in-place or landward replacement of a functional, lawfully existing bulkhead in Nassau and Suffolk, valid through October 24, 2032.
- High wave energy areas, areas within 10 feet of vegetated tidal wetlands or eelgrass, and marsh islands need an individual DEC permit instead.
- The Town of Islip issues a Wetlands and Watercourses permit after the DEC permit, and a combined review normally takes 2 to 5 months, per the Town.
- The Army Corps may be involved for work seaward of a bulkhead; its 2026 Nationwide Permits include Maintenance and Bank Stabilization.
- The DEC permit does not legalize docks, decks, lifts, or floats that were never lawful, which is why permit history matters at a sale.
Table of contents
- Who regulates a Bay Shore bulkhead
- The DEC general permit for bulkhead replacement
- The Town of Islip Wetlands and Watercourses permit
- When the Army Corps comes in
- What a buyer checks on a bulkhead
- What a seller gathers before listing
- Related pages
Who regulates a Bay Shore bulkhead
Bay Shore is an unincorporated hamlet in the Town of Islip, so the Town is the local permitting office. The Town's Wetlands Instruction Sheet says Islip's tidal wetlands sit mainly south of Montauk Highway (Route 27A), and that projects near them go through an environmental review by both DEC and the Town. Its When Is a Permit Required list, dated June 2025, puts bulkheads under the Planning Division's Wetlands and Watercourses permit.
The order matters. DEC comes first, then the Town, and only after both does the Town Building Permit issue.
The DEC general permit for bulkhead replacement
DEC's bulkhead general permit page describes GP-1-22-001, effective October 25, 2022, which replaced GP-1-18-001. The signed permit runs to October 24, 2032 and applies only in Nassau and Suffolk counties.
What it allows
- Removing and replacing a functional, lawfully existing bulkhead in place or landward of the old one.
- Resheathing face to face, with no more than a 4-inch seaward extension for timber boards or 8 inches for corrugated material such as vinyl or steel.
- A replacement up to 18 inches higher than the existing bulkhead, or higher where justified by the local FEMA flood elevation or DEC's Community Risk and Resiliency Act guidance.
- One-time maintenance dredging tied to the replacement, limited to 10 feet seaward on bulkheaded canals and 5 feet on bay and river fronts. Dredging on bay and river fronts is prohibited from January 1 through September 30.
- In-place replacement of lawfully existing mooring structures and stormwater pipes through the bulkhead.
Materials are limited to treated wood, naturally rot-resistant untreated wood, vinyl, plastic, fiberglass, or steel, and creosote-treated wood is prohibited.
What it excludes
Coastal Erosion Hazard Areas and high energy wave areas, work within 10 feet of vegetated tidal wetlands or eelgrass, and marsh island communities in the bays all need an individual permit. Any change to the bulkhead's location or configuration needs one too. DEC can also pull a project out of the general permit when it sees a resource concern.
The Request for Authorization goes to the DEC Regional Permit Administrator with a site location map, project plans with a survey of the existing bulkhead, three dated color photographs, and a Permission to Inspect Property form. The contractor and owner sign a notice at least 48 hours before work starts and return a completion form with photos within 30 days after.
The Town of Islip Wetlands and Watercourses permit
The Town's process sheet lays out six steps: a pre-application meeting with Planning staff, the DEC wetlands permit, a complete Town application, Planning review, answers to any comments, and then the permit. The Town says having the property's tax map number ready speeds things up, and that if a wetlands permit is required, the Building Permit cannot be issued until all environmental reviews are complete.
The Town's submission checklist includes:
- A completed, signed, and notarized application
- A certified survey dated within the last decade and a scaled site plan
- Existing and proposed bulkhead elevations, including adjacent properties
- Copies of other agency permits, such as DEC and the Army Corps
- A Short Environmental Assessment Form and the fee from the Planning Division schedule
The application form separates replacement in-kind and in-place, a new bulkhead, and replacement seaward within 18 inches. The same sheet says legalizing old construction and existing structures in these areas also requires a wetlands review.
When the Army Corps comes in
The Town's sheet says an Army Corps permit may be necessary for any work seaward of a bulkhead. The Corps' New York District Nationwide Permits page explains that these authorize activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act. The 2026 list includes NWP 3, Maintenance, and NWP 13, Bank Stabilization, and the page notes that the 2021 permits expired March 14, 2026.
Per the District's Obtaining a Permit page, submissions since March 15, 2026 use the federal forms through the Regulatory Request System. The page lists a $10 fee for a non-commercial individual permit and no fee for activities under a general permit or for transferring a permit from one owner to another.
What a buyer checks on a bulkhead
A bulkhead is a structure with a permit history, and the sale is when that history gets read. The DEC permit says plainly that it will not validate or legalize docks, cantilevered decks, boat lifts, or floats that are not lawfully existing. Points a buyer and attorney typically ask about:
- DEC, Town, and any Army Corps approvals for the current bulkhead and docks
- The Town Building Permit and Certificate of Compliance for the work
- Whether the bulkhead is still functional, since only functional bulkheads qualify for the general permit
- The replacement height limit in the DEC permit (see the link below)
Check the flood zone for a single property with my flood zone check.
What a seller gathers before listing
The same paperwork answers a buyer's first questions: the DEC Project Authorization, the Town Wetlands and Watercourses permit, the Building Permit and Certificate of Compliance, the survey, and the contractor's completion photos. A buyer planning a replacement later starts from the existing survey and elevations. My sellers guide covers listing prep in general.
Related pages
Buyers can start with my buyers guide.
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