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
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