Department of State Office of Planning and Development

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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	Year Authorized
1	Aids to Navigation	2017 NWP
4	Fish and Wildlife Harvesting, Enhancement and Attraction Devices and Activities	2017 NWP
10	Mooring Bouys	2017 NWP
15	U.S. Coast Guard Approved Bridges	2017 NWP
16	Return Water from Upland Contained Disposal Areas	2017 NWP
17	Hydropower Projects	2017 NWP
18	Minor Discharges	2017 NWP
19	Minor Dredging	2017 NWP
20	Response Operations for Oil and Hazardous Substances	2017 NWP
22	Removal of Vessels	2017 NWP
23	Approved Categorical Exclusions	2017 NWP
24	Indian Tribe or State Administered Section 404 Programs	2017 NWP
30	Moist Soil Management for Wildlife	2017 NWP
31	Maintenance of Existing Flood Control Activities	2017 NWP
33	Temporary Construction, Access, and Dewatering	2017 NWP
34	Cranberry Production Activities	2017 NWP
37	Emergency Watershed Protection and Rehabilitation	2017 NWP
40	Agricultural Activities	2017 NWP
41	Reshaping Existing Drainage Ditches	2017 NWP
46	Discharges into Ditches	2017 NWP
49	Coal Remining Activities	2017 NWP
50	Underground Coal Mining Activities	2017 NWP
53	Removal of Low-Head Dams	2017 NWP

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:

The Nationwide Permits in Bold were re-issued by the U.S. Army Corps of Engineers effective March 15, 2021 and supersede the 2017 Nationwide Permits. Please note that all of the newly issued or re-issued 2021 Nationwide permits require an individual consistency review.

Nationwide Permit #	Nationwide Permit	Year Authorized
5	Scientific Measuring Devices	2017 NWP
6	Survey Activities	2017 NWP
7	Outfall Structures and Associated Intake Structures	2017 NWP
8	Oil and Gas Structures on the Outer Continental Shelf	2017 NWP
12	Utility Line Activities	2021 NWP
14	Linear Transportation Projects	2017 NWP
21	Surface Coal Mining Activities	2021 NWP
25	Structural Discharges	2017 NWP
27	Aquatic Habitat Restoration, Establishment, and Enhancement Activities	2017 NWP
29	Residential Developments	2021 NWP
32	Completed Enforcement Activities	2017 NWP
39	Commercial and Institutional Developments	2021 NWP
40	Agricultural Activities	2021 NWP
42	Recreational Facilities	2021 NWP
43	Stormwater Management Facilities	2021 NWP
44	Mining Activities	2021 NWP
45	Repair of Uplands Damaged by Discrete Events	2017 NWP
48	Commercial Shellfish Aquaculture Activities	2021 NWP
50	Underground Coal Mining Activities	2021 NWP
51	Land-Based Renewable Energy Generation Facilities	2017 NWP
52	Water-Based Renewable Energy Generation Pilot Projects	2021 NWP
54	Living Shorelines	2017 NWP
55	Seaweed Mariculture Activities (proposed NWP A)	2021 NWP
56	Finfish Mariculture Activities (proposed NWP B)	2021 NWP
57	Electric Utility Line and Telecommunications Activities (proposed NWP C)	2021 NWP
58	Utility Line Activities for Water and Other Substances (proposed NWP D)	2021 NWP

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	Year Authorized
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	2017 NWP
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..	2017 NWP
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	2017 NWP

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	Year Authorized
2	Structures in Artificial Canals	2017 NWP
9	Structures in Fleeting and Anchorage Areas	2017 NWP
28	Modifications of Existing Marinas	2017 NWP
35	Maintenance Dredging of Existing Basins	2017 NWP
36	Boat Ramps	2017 NWP
38	Cleanup of Hazardous and Toxic Waste	2017 NWP