For a commercial aboveground storage tank, the answer is almost always yes. In most of the places Zambrano Enterprises works, it is yes from more than one agency at the same time. The exceptions are narrow and usually involve very small tanks, and even those are often subject to fire code requirements that a permit would have confirmed.
This article explains who the authorities having jurisdiction (AHJs) are for an AST, using New York and Virginia requirements as worked examples, what typically triggers a permit, what an application usually includes, and what happens when an owner skips the process. Thresholds vary by jurisdiction and change over time, so treat every number here as a reason to check with your AHJ rather than a substitute for doing so.
Who the AHJs are
Local building and fire officials
Nearly every commercial AST is reviewed by the local building department and the local fire official. The fire code as adopted in your jurisdiction (based on NFPA 30 and NFPA 30A, or the fire code model your state has adopted) governs tank listing, separation distances, spill control, vehicle impact protection, and dispensing. Many jurisdictions issue both a construction permit and an operational permit for flammable and combustible liquid storage. In New York City, FDNY has its own permit process on top of Department of Buildings review.
County health departments on Long Island and in Westchester
This is the part that surprises owners coming from other regions.
- Suffolk County. SCDHS Article 12 of the Suffolk County Sanitary Code governs storage of toxic and hazardous materials, including petroleum. Permits to construct and permits to operate are issued through the SCDHS Office of Pollution Control. Article 12 has its own equipment, containment, and testing requirements that go beyond the fire code.
- Nassau County. The Nassau County Department of Health administers Article XV of the Nassau County Public Health Ordinance, the county's petroleum bulk storage program, with its own registration and construction requirements. Article XI of the same ordinance is the county's separate toxic and hazardous materials storage program.
- Westchester County. The Westchester County Department of Health administers Article XXV of the county sanitary code.
In each of these counties, the health department review is separate from the building and fire permits. Getting one does not satisfy the other.
NYSDEC PBS registration
Statewide, NYSDEC regulates petroleum bulk storage under 6 NYCRR Part 613. A facility with a combined storage capacity of more than 1,100 gallons of petroleum is required to register with DEC, and the registration must be updated when tanks are installed, modified, or closed. Aggregate capacity includes aboveground and underground tanks at the facility, so a new AST can push a site over the threshold even when the tank itself is small. Part 613 also sets equipment and operating standards for registered tanks. In Suffolk, Nassau, and Westchester, DEC delegates certain PBS functions to the county health departments, which is one reason the county review is so thorough. Confirm the current threshold and delegation with DEC and your county before assuming either applies or does not.
Virginia
In Virginia the picture is different but the answer is the same.
- Virginia DEQ. DEQ regulates aboveground storage tanks under 9VAC25-91. Registration, pollution prevention and contingency plan requirements under that regulation vary based on the capacity of the individual tank and the facility's aggregate storage capacity, so no single number decides what a site owes. Those thresholds differ from New York's, so check the regulation and DEQ directly rather than carrying over assumptions from another state.
- Local building and fire officials. Construction of a tank installation is reviewed under the Virginia Uniform Statewide Building Code, and the local fire official issues permits and inspects under the Virginia Statewide Fire Prevention Code, which incorporates NFPA 30 and NFPA 30A by reference. Localities can differ on how they administer this, so ask both offices.
Federal overlays
Two federal rules commonly come into play. 40 CFR 112 requires an SPCC plan when a non-transportation-related facility stores oil, its aggregate aboveground oil storage capacity exceeds 1,320 gallons, and it could reasonably be expected to discharge oil to navigable waters or adjoining shorelines. The gallon figure is one of those conditions rather than a standalone trigger. An SPCC plan is not a permit, but it is a compliance obligation that an AST installation frequently brings with it. The federal UST rule at 40 CFR 280 does not generally apply to ASTs, though some AST piping configurations can pull portions of a system into UST regulation. Check that with your AHJ if any part of the system is buried.
What triggers a permit
Triggers vary, but the common variables are these.
- Tank size. Most jurisdictions have a small-tank threshold below which a permit may not be required. It is often surprisingly low for commercial sites, and aggregate capacity across the site is usually what counts, not the size of the new tank alone.
- Product. Gasoline (Class I) is treated more strictly than diesel or fuel oil (Class II), which are treated more strictly than lubricating and waste oils (Class IIIB). Some jurisdictions exempt small quantities of Class II or III liquids from certain permits and not others.
- Use. A tank supplying an emergency generator, a fleet fueling dispenser, a heating boiler, or a lubrication system may each be reviewed under different sections of the code, sometimes with different thresholds.
- Location. Indoors, on a roof, in a vault, near a property line, or within a flood zone can each change the requirements or add reviewing agencies.
- Modification. Relocating, replacing, or changing the product in an existing tank generally requires a new permit and an updated registration, not just a notification.
If you are unsure whether your tank crosses a threshold, assume that it does and ask. It is far cheaper to be told you do not need a permit than to be told later that you did.
What an application typically includes
Requirements vary, but an AST permit application for a commercial site commonly includes some combination of the following.
- A site plan showing the tank location, property lines, buildings, dispensing points, and setbacks.
- Tank specifications and listing (UL 142, UL 2085, or the applicable standard) with manufacturer data.
- Piping, containment, overfill prevention, spill containment, and leak detection details.
- Electrical classification and the electrical design for dispensing installations.
- Foundation, anchorage, and vehicle impact protection details.
- Product, capacity, and intended use.
- The contractor's information and, where required, the certifications the jurisdiction expects.
- Registration forms for NYSDEC PBS or Virginia DEQ, and the county application in Suffolk, Nassau, or Westchester.
Some jurisdictions also require a design prepared or reviewed by a Professional Engineer for certain installations. Zambrano Enterprises prepares the fuel-system design and coordinates with appropriately licensed Professional Engineers through established professional relationships when that review or certification is required.
What happens if you skip it
An unpermitted AST usually surfaces at a sale, a refinance, an insurance review, a fire inspection, a certificate of occupancy application, or a county or DEC inspection. When it does, the owner is typically facing some combination of a stop-work or violation notice, fines, a requirement to legalize the installation after the fact, corrections to bring it into compliance, and in some cases removal. Legalizing after the fact almost always costs more than permitting in the first place, because the AHJ is now reviewing a finished installation that may not meet the requirements it would have flagged on paper.
Where to start
Permitting is not an add-on to a tank project. It is the project. The fuel tank permits page describes how Zambrano Enterprises approaches permit due diligence and AHJ approvals, and the tank permit help page is the starting point if you already know you need one.
If you are planning an aboveground tank and want to know which agencies will review it and what they will expect, describe the site, the product, and the capacity. Discuss your project through the inquiry form at /contact-us and I will map out the permit path before you commit to a contractor.
