Consistency Review

Consistency Review and U.S. Army Corps of Engineers (USACE) Nationwide Permits

The chart below is intended to help determine if federal consistency review by the Department of State is required for a proposed activity. Since activities authorized under USACE nationwide permits are considered to have minimal effects, DOS has routinely concurred with several of the permits and review by the DOS is not required for individual projects.  

Specifically, any activity authorized under the following nationwide permits (NWP) does not require consistency review by the Department of State (contact the USACE to determine if your project meets the requirements for a particular nationwide permit):

Nationwide Permit # Nationwide Permit
1 Aids to Navigation
2 Structures in Artificial Canals
4 Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities
5 Scientific Measuring Devices
6 Survey Activities
8 Oil and Gas Structures on the Outer Continental Shelf
9 Structures in Fleeting and Anchroage Areas
10 Mooring Bouys
11 Temporary Recreational Structures
15 U.S. Coast Guard Approved Bridges
16 Return Water from Upland Contained Disposal Areas
17 Hydropower Projects
18 Minor Discharges
19 Minor Dredging
20 Response Operations for Oil and Hazardous Substances
21 Surface Coal Mining Operations
22 Removal of Vessels
23 Approved Categorical Exclusions
24 Indian Tribe or State Administered Section 404 Programs
28 Modifications of Existing Marinas
30 Moist Soil Management for Wildlife
31 Maintenance of Existing Flood Control Activities
33 Temporary Construction, Access, and Dewatering
34 Cranberry Production Activities
36 Boat Ramps
37 Emergency Watershed Protection and Rehabilitation
38 Cleanup of Hazardous and Toxic Waste
40 Agricultural Activities
41 Reshaping Existing Drainage Ditches
46 Discharges into Ditches
48 Commercial Shellfish Aquaculture Activities
49 Coal Remining Activities
50 Underground Coal Mining Activities
52 Water-Based Renewable Energy Generation Pilot Projects

 

Projects which qualify for the following Nationwide Permits may potentially have significant coastal effects. Therefor, consistency review is always required for any activity authorized under the following nationwide permits:

Nationwide Permit # Nationwide Permit
7 Outfall Structures and Associated Intake Structures
29 Residential Developments
39 Commercial and Institutional Developments
42 Recreational Facilities
43 Stormwater Management Facilities
44 Mining Activities

 

For the following Nationwide Permits, consistency review is not required as long as certain conditions are met. Please refer to the Coastal Boundary Map for permits which are conditioned based on location within a State designated area in order to determine whether or not a proposed activity is within a Significant Coastal Fish and Wildlife Habitat (SCFWH), Local Waterfront Revitalization Program (LWRP), or a DOS identified canal. Map instructions are available here.

Nationwide Permit # Nationwide Permit / Conditions
3 Maintenance -
DOS consistency review is not required where the proposed activity involves the repair/replacement of a structure in-place or landward, with no waterward expansion or increase in footprint.  However, DOS consistency review is required where the proposed activity involves any waterward expansion (including within 18 inches), increase in footprint, or placement of fill, except for those proposed within a DOS identified canal.

12 Utility Line Activities -
DOS consistency review is not required unless the proposed activity would occur within a State designated SCFWH. 

13 Bank Stabilization -
DOS consistency review is required except where the activities to be authorized would occur within the a DOS identified canal.

14 Linear Transportation Projects -
DOS consistency review is not required unless the proposed activity would occur within a State designated SCFWH or federally approved LWRP. 

25 Structural Discharges -
DOS consistency review is not required unless the proposed activity would occur within a State designated SCFWH or federally approved LWRP. 

27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities -
DOS consistency review is not required unless the proposed activity would occur within a State designated SCFWH or federally approved LWRP. 

32 Completed Enforcement Activities -
DOS consistency review is not required unless the proposed activity would occur within a State designated SCFWH or federally approved LWRP. 

35 Maintenance Dredging of Existing Basins -
DOS consistency review is not required unless the proposed activity would occur within a State designated SCFWH.

45 Repair of Uplands Damaged by Discrete Events -
DOS consistency review is not required where the proposed activity involves the repair/replacement of a structure in-place or landward, with no waterward expansion or increase in footprint.  However, DOS consistency review is required where the proposed activity involves any waterward expansion (including within 18 inches), increase in footprint or placement of new or additional fill, except for those proposed within a DOS identified canal.

51 Land-Based Renewable Energy Generation Facilities -
DOS consistency review is not required unless the proposed activity would occur within a State designated SCFWH or federally approved LWRP.

Questions regarding consistency review may directed to cr@dos.ny.gov