Regulatory Program - New York
Published Jan. 17, 2024
Updated: July 15, 2025
What We Do
We help protect wetlands and waterways by reviewing and approving projects that might impact these waters within the state of New York, Buffalo District.
Authorities
Under Section 10 of the Rivers & Harbors Act, all work in, over, or under navigable water requires authorization. View the list of Navigable Waterways in Buffalo District where Department of the Army permits are required for all work.
In addition, under Section 404 of the Clean Water Act, all discharges of dredged or fill material into waters of the US (generally lakes, rivers, streams, wetlands, etc.) require authorization. For further information on USACE authorities, jurisdiction, and permitting visit the Regulatory Request System.
Permits Within Buffalo District in New York
Nationwide Permits (NWP):
You can view activities authorized under the 2021 Nationwide Permits available in New York. The permit documents include Regional Conditions added by the Buffalo District, along with Water Quality Certifications from New York State (NYS), tribal nations, and coastal consistency determinations by the NYS Department of State. Many of these permits don’t require submitting an application (“notification”) to USACE beforehand. Simply download, review, and follow the terms and conditions provided.
New York Regional General Permits (RGP):
These permits, issued by the Buffalo District, cover small, specialized projects (like small docks or dredging). For several activities, you only need to notify USACE after the work is completed. Detailed information can be found in the documents.
Letter of Permission (LOP):
If your project exceeds NWP or RGP limits, it may be eligible for authorization through the LOP process. Projects involving dredging or structures in Section 10 navigable waters can also be authorized through LOP. View the LOP procedures for more details.
Individual Standard Permit (SP):
For projects that exceed all other permit types, you can apply for an Individual Standard Permit (SP). Pre-application meetings are recommended for these types of projects. Schedule a pre-application meeting.
Tips for a Smooth Process
- Find the Right Office: Regulatory boundaries are drawn by a combination of state, county, and watershed. Pinpoint your project's location with the USACE Regulatory Boundary Map to confirm the correct servicing district.
- Start Early: Contact us during your planning stage. We can help guide you.
- Pre-Application Meetings: These are optional but recommended to understand requirements before submitting. Schedule a pre-application meeting.
- Common Mistakes: Double-check your submission to ensure all parts are complete.
Apply for a Buffalo District New York Permit
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Complete and Submit An Application
If your project proposes impacts to waters of the United States (including wetlands), you should use the
Regulatory Request System (RRS) to complete and submit an application form. Submittal should include the appropriate documentation of your project including a location map, plan-view (top-view) and cross-section (side-view) drawings.
The USACE Regulatory Districts in NYS are transitioning from the requirement to use the NY State Joint Application Form (JAF) to the use of federal forms:
- ENG FORM 6082 – Nationwide Permit Preconstruction Notification (PCN) and
- ENG Form 4345 – Application for Department of the Army Permit (used for Regional, Standard and Letters of Permission permits)
These forms are built into the RRS. The RRS requests information through a series of questions to automatically fill out the form. RRS has been enhanced for New York State (NYS) to provide informational links to NYS resources needed to answer questions and to address some of the NYS specific Nationwide permit regional conditions. RRS has been modified to incorporate all the data fields contained in the JAF. The RRS will generate a PDF document of the entered data to facilitate completion of submissions to NYS agencies who continue to utilize the JAF.
Effective March 15, 2026, all submissions to USACE must use the federal regulatory forms, as generated through use of RRS or available via the USACE Regulatory Website
NOTE: If you choose not to use RRS and to generate your own ENG Form 6082 for Nationwide Permits, the document must be opened using Adobe Acrobat, it will not open in a web browser, right click the "Application Form" link and select "Save Link As" to download the application. Then go to the folder you downloaded to and open the PDF document. You may need to select "Enable All Features" to view the form in Adobe Acrobat.
- Submit application and all required documents to: LRB.Regulatory.NewYork_Actions@usace.army.mil
- For files larger than 50MB, ask for a secure file transfer request to LRB.Regulatory.NewYork_Actions@usace.army.mil. A DoD SAFE request code will be generated by our team and emailed to you so you can securely drop-off your files. (Warning: if your file is submitted via and it is too large (> 50 MB), your file will not be received by USACE. So, please confirm file size before hitting send.)
- Note there will likely be a longer delay in file assignment due to the time required for manual entry versus applications submitted via RRS.
A pre-application meeting request is suggested for large projects or if you are unsure may also be submitted through the Regulatory Request System (preferred); or via email to: LRB.Regulatory.NewYork_Actions@usace.army.mil
What Happens Next?
- Request Documents: Submit a Freedom of Information Act (FOIA) request for permits or related documents here.
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Check Permit Status: If you've applied for a permit via RRS you will receive a file number (e.g., LRB-20XX-0XXXX) and a project manager. RRS will have status of the application and any additional information requests. Note responses should also be submitted via RRS, which will ensure your response is uploaded directly to your active file.
If you submitted via email, you will receive an email with a file number and project manager contact information. If not, provide the file number (if known), project location, and applicant’s name, and email the appropriate district for a status update.
- Jurisdictional Determinations: For final determinations, search the National Permitting and Jurisdiction Database. Email the district your application was submitted to for pending request updates.
- When Calling a District: Leave a detailed voicemail and expect a response within two business days.
Potential Additional Coordination Requirements
Projects Along the Great Lakes Coastal Zone
The coastal zone extends about 1,000 feet inland from the shoreline along Lake Erie, Niagara River, Lake Ontario, and the St. Lawrence River. Projects affecting this area must comply with New York’s Coastal Zone Management Program (CZMP). You can find more information and tools to determine if your site is in the coastal zone on the New York State Department of State (NYSDOS) website.
Other Coastal Information:
Lake Ontario National Marine Sanctuary website: All projects located with the Lake Ontario Marine Sanctuary require submission of an application to USACE. In addition, it is suggested that a review for known historic properties be conducted via the NYS Office of Parks, Recreation and Historic Preservation Office CRIS database (https://parks.ny.gov/shpo/) to ensure compliance with the National Historic Preservation Act.
New York Sea Grant’s Great Lakes Coastal Processes and Erosion website: NYSG provides a list of contractors available for shoreline erosion control work in the Great Lakes Region of New York State. Offers free consultation with an expert on shoreline geology to find solutions to local flooding and erosion issues. Provides Great Lakes Coastal Processes and Erosion Publications.
Water Quality Certification (Section 401 of the Clean Water Act)
An individual Water Quality Certification (WQC) may be required for activities involving the discharge of fill material. Please contact the New York State Department of Environmental Conservation for more details.
Endangered Species
We are required to coordinate with the U.S. Fish and Wildlife Service for projects that may affect federally listed threatened or endangered species.
As per General Condition 18 (Endangered Species) of the Nationwide Permit program, applicants are required to submit a Pre-Construction Notification (PCN) prior to initiating work if any federally listed species (including proposed species and proposed critical habitat) might be affected or is in the vicinity of the proposed project. Applicants in New York can use the “Protocol for defining ‘Vicinity” for Bats in New York State” to aid in determining if any federally listed bats are in the “vicinity” as required in the condition.
Historic Properties
We must coordinate with the New York State Historic Preservation Office for projects that may impact historic properties.
Funded Agreement Information
USACE can accept and expend funds from certain entities to expedite the review of the entities' permit applications under the following authorities: Section 214 of the Water Resources Development Act (WRDA) of 2000, as amended (33 U.S.C. 2352); Title 23 of the U.S. Code, Section 139(j); and Title 49 of the U.S. Code, Section 307. Additional information on the district’s funded agreement(s) can be found at the U.S. Army Corps of Engineers Headquarters' WRDA public webpage: https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Section-214/.
Information pertaining to all permit decisions and authorizations from the U.S. Army Corps of Engineers executed under funding agreements, can be found on the U.S. Army Corps of Engineers Headquarters' ORM WRDA public webpage: https://permits.ops.usace.army.mil. Information can be filtered by district, year, and/or month.
Mitigation Requirements
Applicants must describe how they will avoid, minimize, and compensate for impacts to U.S. waters. Mitigation is typically required for permanent wetland losses over 0.1 acres and will be evaluated on a case-by-case basis.