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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

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