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Regulatory

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Regulatory Program - New York

Published Jan. 17, 2024
Updated: March 5, 2024

We are diligently working to process your requests. We work on a first come-first served basis.  Our target response time for most small projects is 60 days from when we receive a complete application.  Larger projects are likely to require a longer review. Currently, we are facing some challenges including:

High submittal of requests: We are currently receiving a very high number of applications and jurisdictional determination requests, which has caused a longer response time for the Regulatory staff. Increased requests are a result of fluctuating lake levels in the Great Lakes, green energy initiatives (e.g. solar and wind development), increased commercial/residential development, recent regulation changes, and other factors.

Recent regulation changes: There have been several substantial regulation changes in the past 12-18 months, which have required significant time for staff to be trained and for certain regulatory processes to be modified. These process changes have resulted in additional workload/staff time, which has also resulted in a longer response time for Regulatory staff.

Please note that early coordination makes the process easier for you! By contacting the Corps of Engineers early in your planning, we can help guide you and understand your project’s needs and identify potential challenges. This will help us to work towards the appropriate authorization in as timely a manner as possible. Pre-application meetings are encouraged, particularly for larger projects.

We appreciate your patience and understanding, as we work through these challenges to help you get the authorization you need to complete your project.

National Regulatory Program 

 NY Joint Permit Application Form

NY Joint Permit Application Form Instructions

This application form can be sent to  by email to lrb.regulatory.newyork_actions@usace.army.mil or U.S. Army Corps of Engineers, Buffalo District, Regulatory Branch, 478 Main St, Buffalo, NY 14202.

 You may be required to complete additional coordination if these conditions apply:

FOR PROJECTS ALONG THE GREAT LAKES COASTAL ZONE IN NEW YORK STATE:

The Coastal Area in the Great Lakes region of New York State is about 1,000 feet inland from the shoreline extending along Lake Erie, Niagara River, Lake Ontario and the St. Lawrence River.  However, in many of the urbanized and developed areas of the coast (for example, Buffalo, Rochester, Oswego, Alexandria Bay and Ogdensburg) and at several locations where State highways and rail lines parallel the shoreline, the boundary extends 500 feet or less inland. In addition, the coastal boundary may extend quite some distance inland along major tributaries.

Section 307(c) of the Coastal Zone Management Act of 1972, as amended, requires applicants to obtain a certification or waiver that the activity complies with the state's coastal zone management program (CZMP) for activities affecting a state's coastal zone. The CZMP is administered by the New York State Department of State (NYSDOS).

Please visit the NYSDOS website by clicking here to:

  • determine if your site is located within the coastal zone by using Coastal Atlas on the Geographic Information Gateway mapping tool
  • learn more about NYSDOS Coastal Policies and regarding NYSDOS requirements for projects in the coastal zone    
  • download the fillable NYSDOS Coastal Zone Management Federal Coastal Consistency Assessment Form

Note: compliance with Section 307(c) is required before USACE can issue an Individual Permit or affirm use of a General Permit for projects within the coastal zone.

Other Coastal Information: 

◾ NYSDEC Publication New York State REDI: Building Resilience in Recovery - Homeowner Program Guidance for Shoreline Management on the Great Lakes and St. Lawrence River

◾ Living on the Coast

◾ NY - Lake Erie/Lake Ontario with Littoral Transport Information Fact Sheet

Section 401 of the Clean Water Act (Water Quality Certification [WQC]):  An individual WQC will be required for any Corps Individual Section 404 Permit, including Letters of Permission, involving the discharge of fill material. For activities that may be authorized by a Nationwide Permit (NWP), please review the individual WQC requirements included in each NWP document (below in the NY NWP dropdown).  Please note that the WQC regulations have recently changed which require additional steps prior to submission of an individual WQC request, click here for a brief overview of the changes.  The Corps recommends that you contact the New York State Department of Environmental Conservation (DEC) to determine if this will be required for your project; click here for more information.

NEWS: On June 2, 2021, The U.S. Environmental Protection Agency (EPA) announced that it will revise the “Clean Water Act Section 401 Certification Rule” (2020 Rule) and initiate a series of stakeholder engagements on the upcoming rulemaking effort. A copy of the Federal Register notice is available at https://www.epa.gov/cwa-401. EPA is accepting written feedback through a docket for 60-days at Docket ID EPA-HQ-OW-2021-0302.

Endangered Species:  The Corps is required to coordinate with the  U.S. Fish and Wildlife Service (USFWS) for any proposed project (all permit types) that may affect a federally listed threatened or endangered species. Specific to Nationwide Permits (NWP), General Condition 18 (Endangered Species), states that a pre-construction notification be submitted to the Corps if a federally listed species is in the "vicinity" of an applicant's project. Below is information on some of the federally listed species that commonly exist within project areas in New York:

Historic Properties: The Corps of Engineers is required to coordinate with the NYS Historic Preservation Office regarding any potential impacts to any historic properties that may exist within a proposed project area.

Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States.  Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services.  Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre.  Compensatory mitigation for jurisdictional stream or other aquatic resource impacts will be determined on a case-by-case basis.
Regional General Permits: These are for small specialized projects that are regionally available.

State

Permit Number

Authorized Activity

Jurisdiction

NY

79-000-3

Boathouses

Sections 10 & 404

NY

 81-000-1

Minor Dredging

Sections 10 & 404

NY

 86-000-1

Timber Crib Docks & Decks

Sections 10 & 404

NY

 87-000-1

Open Pile or Floating Docks, Decks, Boat Hoists, Mooring Piles, Etc.

Section 10

NY

 87-000-13

Fill Existing Boat Slips Excavated from Upland Locations

Sections 10 & 404

NY

 97-000-1

Minor Channel Work in Cooperation with Soil and Water Conservation Districts

Section 404

NY

TRGP-1

*This permit is for use by NYSDOT, NYS Thruway Authority and NYS Canal Corps ONLY*

TRGP-1 Appendix C - Final RFA form           

TRGP-1 Appendix D - Protocol for Defining Vicinity

TRGP-1 Appendix E - NYSDOT_NYSTA Streamlined Activity List 

TRGP-1 Appendix F - NYSDOS Condition Consistency Concurrence

TRGP-1 Appendix G - NYSDEC Blanket Water Quality Certification

*This permit is for use by NYSDOT, NYS Thruway Authority and NYS Canal Corps ONLY*

 

NY Section 404 Letters of Permission

NY Section 404 Letters of Permission Application Procedures

LOCATION OF WORK:

These LOP procedures shall apply to work in all waters of the United States (WOUS) that are located within the State of New York and subject to regulation by the USACE Buffalo District.

ACTIVITIES COVERED:

Categories of Activities eligible for LOP authorization include the following, subject to the General and Special Conditions and requirements noted below, and any Special Conditions added by USACE upon project specific review:

Category 1:     THE DISCHARGE OF DREDGED OR FILL MATERIAL CAUSING THE LOSS OF UP TO 1.0 ACRE OF WOUS ANDTHE LOSS OF NO MORE THAN 500 LINEAR FEET OF STREAM CHANNEL ASSOCIATED WITH THE CONSTRUCTION OF RESIDENTIAL, COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL DEVELOPMENTS. 

Authorization will be limited to projects that include appropriate compensatory mitigation and which have been determined to represent the least environmentally damaging practicable alternative according to CWA 404(b)(1) guidelines.  

Culverted stream crossing activities will be conducted according to guidelines outlined in Appendix A- Culvert Installation Requirements, unless criteria are waived by the USACE.

Category 2:     PLACEMENT OF A MAXIMUM OF 2000 CUBIC YARDS OF SAND INTO OPEN WATERS TO MAINTAIN AND RESTORE BATHING BEACHES. 

Authorization shall be limited to projects involving a maximum of 2000 cubic yards of beach-compatible sand placed below ordinary high water (OHW). 

Sand material is to be obtained from an upland source or suitable dredged material meeting grain size requirements outlined in the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf).

The dredged material must be free from chemical, biological, or other pollutants.

Placement may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

     Note:  Any dredging activities will require a separate permit authorization. 

Category 3:     PLACEMENT OF NO MORE THAN 10,000 CUBIC YARDS OF PREDOMINANTLY GRANULAR DREDGED MATERIAL INTO NEARSHORE AREAS OF THE NIAGARA AND ST. LAWRENCE RIVERS, AND LAKES ERIE AND ONTARIO, LOCATED WITHIN THE STATE OF NEW YORK TO MAINTAIN THE LITTORAL SYSTEM.

Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for near shore placement.

If testing of the coarse-grain dredged material is determined as necessary, surface grab samples are acceptable to represent characteristics of the dredged material - if the material has been dredged within the last five years and/or constitutes a shoal that is less than two feet above the proposed dredging elevation as defined in Title 40 CFR 230.11(d).

The dredged material must be free from chemical, biological, or other pollutants.

These discharges may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

           Note:  Any dredging activities will require a separate permit authorization. 

Category 4:   DISCHARGE OF DREDGED MATERIAL INTO USACE APPROVED OPEN LAKE PLACEMENT AREAS IN LAKES ERIE AND ONTARIO LOCATED WITHIN THE STATE OF NEW YORK. 

Note:  Any dredging activities will require a separate permit authorization. 

Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for open-lake placement. 

The current placement areas available for use under LOP procedures are at the following locations:

Lake Ontario Open Lake Placement Areas* offshore from:

Wilson Harbor, NY

Olcott Harbor, NY

Rochester Harbor/Irondequoit Bay, NY

Great Sodus Bay, NY

Little Sodus Bay, NY

Oswego, NY

Lake Erie Open Lake Placement Areas* offshore from:

Barcelona

Dunkirk

This list is for current placement areas only.  Any areas approved in the future for USACE dredge placement would also be eligible for public use under the proposed LOP procedures if a 401 WQC is issued by the New York State Department of Environmental Conservation (NYSDEC).

Activities authorized under 2021 Nationwide Permits for New York
All permits expire March 14, 2026. (Effective date in parenthesis)

1. Aids to Navigation (2/25/2022)
2. Structures in Artificial Canals (2/25/2022)
3. Maintenance (2/25/2022)
4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities (2/25/2022)
5. Scientific Measurement Devices (2/25/2022)
6. Survey Activities (2/25/2022)
7. Outfall Structures and Associated Intake Structures (2/25/2022)
8. Oil and Gas Structures on the Outer Continental Shelf (2/25/2022)
9. Structures in Fleeting and Anchorage Areas (2/25/2022)
10. Mooring Buoys (2/25/2022)
11. Temporary Recreational Structures (2/25/2022)
12. Oil or Natural Gas Pipeline Activities (3/15/2021)
13. Bank Stabilization (2/25/2022)
14. Linear Transportation Projects (2/25/2022)
15. U.S. Coast Guard Approved Bridges (2/25/2022)
16. Return Water From Upland Contained Disposal Areas (2/25/2022)
17. Hydropower Projects (2/25/2022)
18. Minor Discharges (2/25/2022)
19. Minor Dredging (2/25/2022)
20. Response Operations for Oil or Hazardous Substances (2/25/2022)
21. Surface Coal Mining Activities (3/15/2021)
22. Removal of Vessels (2/25/2022)
23. Approved Categorical Exclusions (2/25/2022)
24. Indian Tribe or State Administered Section 404 Programs (2/25/2022)
25. Structural Discharges (2/25/2022)
27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities (2/25/2022)
28. Modifications of Existing Marinas (2/25/2022)
29. Residential Developments (3/15/2021)
30. Moist Soil Management for Wildlife (2/25/2022)
31. Maintenance of Existing Flood Control Facilities (2/25/2022)
32. Completed Enforcement Actions (2/25/2022)
33. Temporary Construction, Access, and Dewatering (2/25/2022)
34. Cranberry Production Activities (2/25/2022)
35. Maintenance Dredging of Existing Basins (2/25/2022)
36. Boat Ramps (2/25/2022)
37. Emergency Watershed Protection and Rehabilitation (2/25/2022)
38. Cleanup of Hazardous and Toxic Waste (2/25/2022)
39. Commercial and Institutional Developments (3/15/2021)
40. Agricultural Activities (3/15/2021)
41. Reshaping Existing Drainage Ditches (2/25/2022)
42. Recreational Facilities (3/15/2021)
43. Stormwater Management Facilities (3/15/2021)
44. Mining Activities (3/15/2021)
45. Repair of Uplands Damaged by Discrete Events (2/25/2022)
46. Discharges in Ditches(2/25/2022)
48. Commercial Shellfish Mariculture Activities (3/15/2021)
49. Coal Remining Activities (2/25/2022)
50. Underground Coal Mining Activities (3/15/2021)
51. Land-Based Renewable Energy Generation Facilities (3/15/2021)
52. Water-Based Renewable Energy Generation Pilot Projects (3/15/2021)
53. Removal of Low-Head Dams (2/25/2022)
54. Living Shorelines (2/25/2022)
55. Seaweed Mariculture Activities 
56. Finfish Mariculture Activities 
57. Electric Utility Line and Telecommunications Activities
58. Utility Line Activities for Water and Other Substances 
59. Water Reclamation and Reuse Facilities *New* (2/25/2022)

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Approved Jurisdictional Determinations and Permit Decisions

A jurisdictional determination is a decision by the Army Corps of Engineers as to whether areas on your property are regulated under federal statutes. A federally-regulated wetland, lake, pond or stream is called a "waters of the U.S."

Individual Approved Jurisdictional Determinations are now available (August 2015 - present) on the National Permitting and Jurisdiction Database.  Please Select the "AJD" tab on the top of the page, and then "LRD-Great Lakes and Ohio River Division" heading in the drop-down menu.

If you are unable to find a digital copy of an Approved Jurisdictional Determination in the Permitting Database, please contact the appropriate regulatory office below.

Contact a District Regulatory Office

Buffalo District
716-879-4330
Chicago District
312-846-5530
Detroit District
313-226-6413
Louisville District
502-315-6733
Huntington District: Energy Resources (West VIrginia and Ohio)
304-399-5610
Huntington District: Regulatory/Permits (Ohio)
304-399-5210
Huntington District: South/Transportation Branch (West Virginia and Ohio)
304-399-5710
Nashville District
615-369-7500
Pittsburgh District
412-395-7155
Chick Lock

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