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
4 Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities
10 Mooring Bouys
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
30 Moist Soil Management for Wildlife
31 Maintenance of Existing Flood Control Activities
33 Temporary Construction, Access, and Dewatering
34 Cranberry Production Activities
37 Emergency Watershed Protection and Rehabilitation
40 Agricultural Activities
41 Reshaping Existing Drainage Ditches
46 Discharges into Ditches
49 Coal Remining Activities
50 Underground Coal Mining Activities
53 Removal of Low-Head Dams

 

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

Nationwide Permit # Nationwide Permit
5 Scientific Measuring Devices
6 Survey Activities
7 Outfall Structures and Associated Intake Structures
8 Oil and Gas Structures on the Outer Continental Shelf
12 Utility Line Activities
14 Linear Transportation Projects
25 Structural Discharges
27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities
29 Residential Developments
32 Completed Enforcement Activities
39 Commercial and Institutional Developments
42 Recreational Facilities
43 Stormwater Management Facilities
44 Mining Activities
45 Repair of Uplands Damaged by Discrete Events
48 Commercial Shellfish Aquaculture Activities
51 Land-Based Renewable Energy Generation Facilities
52 Water-Based Renewable Energy Generation Pilot Projects
54 Living Shorelines

 

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 their geographic location.

Nationwide Permit # Nationwide Permit / Conditions
3 Maintenance -
The DOS concurs with the Corps' consistency determination for NWP 3 outside of tidal wetlands and within the NYS Coastal Area where the activities to be authorized would; involve the repair/replacement in-place or landward, with no waterward expansion or increase in footprint; or for those proposed within the artificial canals identified by DOS at: http://appext20.dos.ny.gov/coastal_map_public/map.aspx

11 Temporary Recreational Structures-
The DOS concurs with the Corps’ consistency determination for NWP 11 where the activities to be authorized are not seasonal structures.. 

13 Bank Stabilization -
The DOS concurs with the Corps' consistency determination for NWP 13 where the activities to be authorized would occur within the canals identified by DOS at: http://appext20.dos.ny.gov/coastal_map_public/map.aspx

 

For the following Nationwide Permits, consistency review is not required as long as the activity would take place outside of the New York City Waterfront Revitalization Program.  

Nationwide Permit # Nationwide Permit
2 Structures in Artificial Canals
9 Structures in Fleeting and Anchorage Areas
28 Modifications of Existing Marinas
35 Maintenance Dredging of Existing Basins
36 Boat Ramps
38 Cleanup of Hazardous and Toxic Waste

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