Consistency Review

How to Submit a Consistency Certification

  1. Determine whether or not a proposed project would be located within (or would otherwise affect even if located outside of the coastal area) the NYS coastal zone.  The Coastal Boundary Map is available to help with this determination.  Instructions for how to use the Coastal Consistency Map are available here.  If a proposed project is not located within, or would not otherwise affect, the NYS coastal zone, consistency review is not required.  Otherwise, please proceed to Step 2.  
  2. Does the proposed project require authorization (e.g. a permit) by a federal agency? 
    • If you answered no, federal consistency review is not required by the Department of State.  (State agencies, please click here for information regarding State consistency. Federal agencies, please click here for information pertaining to federal consistency for direct actions)
    • If yes, please proceed to Step 3.
  3. Does the proposed project qualify for a Nationwide Permit (NWP) from the United States Army Corps of Engineers?
    • If yes, please click here to determine if consistency review is required.
    • If no, and the project requires another type of federal permit or authorization, please proceed to Step 4.
  4. Complete and sign a federal consistency assessment form (FCAF). (Applicants for activities proposed within New York City may submit a NYC CAF in lieu of the FCAF).  Please refer to the Coastal Boundary Map Instructions for assistance in determining if the proposed project is located within any DOS identified Special Management Areas (i.e. Significant Coastal Fish and Wildlife Habitat, Scenic Area of Statewide Significance, or Local Waterfront Revitalization Program) in order to more accurately complete the FCAF.       
  5. Compile all of the following necessary data and information:
    Necessary Data and Information required to commence consistency review:

    1. Copy of the application materials for a federal permit, license, or other approval. (Please note, individual consistency review by the DOS is not required for some U.S. Army Corps of Engineers Nationwide permits.  Please click here for additional information.)

    2. Copy of the completed FCAF which includes a signed consistency certification and written analysis of the proposed activity's consistency with the enforceable State Coastal Policies (for activities within a Regional Coastal Management Program Area, such as the Long Island Sound CMP, or a Local Waterfront Revitalization Program, the enforceable policies are those within the regional or local program). Please refer to the Coastal Consistency Map in order to determine if the proposed activity would be undertaken in or would otherwise affect any of the above regional or local management areas.

    3. Copy of all of the following information:

    1. a detailed description of the proposed activity, its associated facilities and coastal effects,
    2. map(s) showing the specific geographic location of the proposed activity (a location map can easily be printed from the Coastal Boundary Map),
    3. site map(s) and diagram(s) drawn to scale showing all components of the activity and their location on the site,
    4. recent color photographs of the site showing the existing site in its entirety,
    5. written statement on the purpose and need for the activity,
    6. identification of the owners of the abutting upland properties and underwater lands,
    7. written analysis of alternatives to the proposed activity considered which support the selection of the proposed alternative, and  
    8. Any other supporting documentation submitted with the federal application

    4. Copy of the final Environmental Impact Statement, if required by the federal agency or by a state agency having jurisdiction over the proposed activity.

    5. Copies of all applications and related correspondence submitted to involved state agencies for permits, licenses, etc. (e.g. DEC, OGS, SHPO, NYPA, PSC).

    6. For energy facilities subject to Articles VII or X of the New York State Public Service Law all documentation submitted to the Siting Board for its consideration through to the conclusion of its public hearing process.

  6. Once all of the necessary data and information is received, the DOS can begin its consistency review of the proposed activity.  After it has had opportunity to review the data and information above, the DOS will notify the applicant if any additional information is required in order to assess the consistency of the proposed activity with the NYS CMP.  Once a decision has been made regarding the consistency of the proposed activity, the DOS will notify the applicant and the federal agency. 

Note:   The biggest single source of delay in processing consistency reviews is applicant failure to provide all the necessary information listed above.  Please contact the DOS Consistency Review Unit at (518) 474-6000 (email: cr@dos.ny.gov) should you have any questions about the necessary data and information.