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
3
Submit Your Application
Submit all required documents to USACE and 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:
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.
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.