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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Submit Application to USACE
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.
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Submit Application to NY State
Submit the same application and required documents to state agencies as outlined in the
joint application instructions. Early submission helps avoid delays.
What Happens Next?
- Request Documents: Submit a Freedom of Information Act (FOIA) request for permits or related documents here.
- Check Permit Status: If you've applied for a permit, you should have received a file number (e.g., LRB-20XX-0XXXX) and a project manager will contact you. 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.
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.