Provide Input: Take the Data and Privacy Consumer Survey on the New York Department of State website.
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