Structures in Waterways

Processing Procedure

  1. Structures in Waterways Application.
  2. One copy of a survey by a licensed land surveyor.
  3. Two sets of construction drawings.
  4. Photostat of recent tax bill showing section, block and lot.
  5. Photostat of owner's deed.
  6. Representative photographs of site.

Permit Application

  1. The applicant must carefully follow all instructions on the application form and answer every applicable question thereon. The use of the word "same" is not acceptable on the application. No person will be permitted to alter any application, except the applicant.
  2. The application is a sworn statement. Anyone knowingly entering false information thereon may be guilty of a criminal offense.
  3. Be advised that on commercial applications, specific zoning district abutting upland property must be indicated.
  4. Submit appropriate NYS forms for proof of required Workers Compensation Insurance, Disability Benefits Law or that coverage is not required under these laws.
  5. Application must indicate the exact use of upland property after the permit is issued. For applications other than residential, the applicant must submit an upland use permit from the Department of Buildings or from the appropriate agency of a Village or City having jurisdiction.
  6. Each applicant for a permit shall attach a survey, prepared by a land surveyor licensed by the State of New York, showing exact location of existing conditions.

Structure Permits (Excluding Bulkhead)

  1. Residential, Non-Commercial, Non-Business Applications - Three copies of a plan of the proposed structure showing exact structural details and location with respect to the upland immediately abutting proposed structure (including usage).
  2. Business, Commercial Applications - Four copies of a plot plan prepared by a licensed surveyor or engineer, showing a plan view of the proposed structures and adjacent upland. The drawings must include the necessary cross of the longitudinal sections and details to fully illustrate the proposed construction and area of usage. All applicants for business and commercial use must provide a Town of Hempstead Building Permit or Certificate of Authorization for the purpose described.
  3. Bulkhead Permits (All Applications) - In addition to the aforementioned requirements, a minimum of three probings to determine depth of a bog, must be submitted.


A permit fee in the amount consistent with section 168.11 upon departmental approval.


No structure of boat, vessel or any other watercraft shall exceed 1/4 width of any waterway of the Town of Hempstead, nor infringe on adjacent property owners' rights of general right of access to navigable waters.

Applications will not be approved which, in the opinion of the department, are more than the minimum necessary to provide safe boarding of vessels. (New platforms - maximum 100 square feet.) The department will not approve applications for structures whose apparent use will be to extend or enlarge the owner's property.

The permitee is responsible for obtaining any other permits and approvals, from other local, state or federal agencies.

It is the responsibility of the permitee to notify the Department of Conservation and Waterways prior to commencement of proposed work, and upon completion of the proposed work using two-part form with the permit.

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Page Modified: 03/02/2020 12:54:26