NYS Housing and Anti-Discrimination Notice
A bulkhead is the wall that holds a canal-front yard in place, and replacing one can involve a village, a state agency and a federal agency at once. Here is what each office's published rules say, for Lindenhurst homes on the water.
TL;DR
- The Village Building Inspector issues building permits for construction or alteration of any structure, "including waterfront structures."
- The State's tidal wetlands program lists bulkheads among the structures it regulates, and a general permit, GP-1-22-001, covers some replacements in Nassau and Suffolk.
- The U.S. Army Corps of Engineers requires a Section 10 permit for work in navigable waters, which typically include tidal waters.
- A general permit applies only to a functional, lawfully existing bulkhead, and no work is authorized until DEC signs the authorization.
- Buyers and sellers can ask for the paperwork on bulkheads, docks and decks before a contract is signed.
Table of contents
- Who reviews a canal bulkhead
- The Village building permit
- The State tidal wetlands permit
- The federal Corps permit
- What a general permit does not cover
- Questions for the paperwork
- Lindenhurst in our work
- Related pages
Who reviews a canal bulkhead
Three levels can apply to the same job: the Village, DEC and the Corps. DEC says the Corps "also has jurisdiction and a Corps Permit may be required whether or not DEC requires one," per its tidal wetlands page. The Town of Babylon's building permit page lists a separate "Bulkheading Building Permit," so the municipality that issues the permit depends on where the address sits, and the Village Building Department can confirm that.
The Village building permit
Section 193-123 of the Village code says that before construction or alteration of any structure, "including waterfront structures," the owner submits an application to the Building Inspector with plans and drawings as required. The Village's permit requirements sheet lists a survey dated within five years, legible plans, photographs of the property, proof of workers' compensation and disability insurance, and a $25 non-refundable filing fee. It also says a property in saltwater wetlands needs a DEC permit, with a copy submitted alongside the building permit application, and that the fee is doubled for legalizing existing structures.
The Village's stormwater chapter exempts "refacing existing bulkheading, but not new bulkheading" from its review.
The State tidal wetlands permit
DEC's tidal wetlands page says adjacent areas extend up to 300 feet inland from the wetland boundary, and it lists "Bulkheads, sea walls, retaining walls, rip-rap, and gabions" among regulated structures. Its GP-1-22-001 page says the general permit allows replacing functional and lawfully existing bulkheads in place or landward, re-sheathing with no more than a 4-inch seaward extension for timber or 8 inches for corrugated material, a replacement up to 18 inches higher, or more where the local FEMA flood elevation justifies it, and limited maintenance dredging.
The request needs a site location map, plans with a survey showing the existing bulkhead, three color photographs and a Permission to Inspect form. The page states that "No work is authorized until the permittee receives the signed Project Authorization by NYSDEC."
The federal Corps permit
The Corps' permit page says a Section 10 permit is required for work or structures in, over or under navigable waters, which typically include tidal waters. It describes Nationwide Permits as general permits for minor projects, with special conditions, and its Nationwide Permits page lists the 2026 permits, including Maintenance and Bank Stabilization. Since March 15, 2026, submissions use the federal forms. A non-commercial permit costs $10, and no fee is charged for activities under a general permit.
What a general permit does not cover
The signed permit says other structures on the plans, such as docks, cantilevered decks, boat lifts and floats, that are not lawfully existing "will not be validated or 'legalized'" by it. It also makes the permittee responsible for obtaining any other permits and approvals. DEC's tidal wetlands page adds that work on a structure "so deteriorated that it is no longer functional, is not exempt from permit requirements," and that unpermitted work can bring fines or an order to remove structures.
Questions for the paperwork
A buyer can ask the seller whether the bulkhead, dock, deck or lift was built or replaced under a Village permit, a DEC authorization or a Corps permit, and ask for copies. A seller can gather those papers early. For the yard behind a bulkhead, Save The Great South Bay lists Bay Friendly Yards resources on native plants and invasive species.
Lindenhurst in our work
Lindenhurst is one of the towns we work, along with Commack.
