US Army Corps of Engineers
New York District

Nationwide Permits

 Nationwide General Permits within the New York District

It is possible that a project may qualify for authorization under one or more nationwide general permits, in accordance with Title 33 of the Code of Federal Regulations, Part 330 and the Federal Register notice dated January 6, 2017. An activity is authorized under nationwide general permit(s) only if that activity and the permittee satisfy all of the terms and conditions. Unless a nationwide general permit contains a condition requiring the applicant to notify the Corps prior to undertaking the proposed activity, a written authorization is not necessary. Activities that do not qualify for authorization under a nationwide general permit may still be authorized by an individual or regional general permit.

2017 Final New York State Regional Conditions Water Quality Certification and Coastal Zone Concurrence for Natonwide Permits

New York State DEC Water Quality Certification Letter

New York State DOS Coastal Zone Concurrence Letter

2017 Final State of New Jersey Regional Conditions Water Quality Certification and Coastal Zone Concurrence for Nationwide Permits

Public Notice announcing the reissuance of the Nationwide Permits in the Federal Register dated January 6, 2017

Joint New York District and Buffalo District Public Notice dated June 16, 2016 announcing the proposal by the U.S. Army Corps of Engineers to reissue the Nationwide Permits in the Federal Register dated June 1, 2016, including New York State Regional Conditions.

Philadelphia District Public Notice dated June 16, 2016 announcing the proposal by the U.S. Army Corps of Engineers to reissue the Nationwide Permits in the Federal Register dated June 1, 2016, including New Jersey State Regional Conditions.

Nationwide General Permits New York

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2017 NWP Regional Conditions: On March 17, 2017 the final Regional Conditions for the State of New York were approved by the Great Lakes and Ohio River Division Engineer (LRD), effective on March 19, 2017.  On March 21, 2017,  the Buffalo and New York Districts issued a joint public notice (PN) announcing the final Regional Conditions, Water Quality Certification and Coastal Consistency Determination for the 2017 NWP in the State of NY. Click HERE to view the PN.  To view the new Regional Conditions only, click HERE.

2017 NWP Water Quality Certification: The Final Water Quality Certification (WQC) for the 2017 NWP in NY State was issued on March 7, 2017 by the NYS Department of Environmental Conservation. Click HERE to view.

 

2017 NWP Coastal Consistency Determination: The Final Coastal Consistency Determination for the 2017 NWP in NY State was issued on March 17, 2017 by the NYS Department of State. Click HERE to view.

 

Activities Authorized By 2017 Nationwide Permits for New York

1. Aids to Navigation

2. Structures in Artificial Canals

3. Maintenance

4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities

5. Scientific Measurement Devices

6. Survey Activities

7. Outfall Structures and Associated Intake Structures

8. Oil and Gas Structures on the Outer Continental Shelf

9. Structures in Fleeting and Anchorage Areas

10. Mooring Buoys

11. Temporary Recreational Structures

12. Utility Line Activities

13. Bank Stabilization

14. Linear Transportation Projects

15. U.S. Coast Guard Approved Bridges

16. Return Water From Upland  Contained Disposal Areas

17. Hydropower Projects

18. Minor Discharges

19. Minor Dredging

20. Response Operations for Oil and Hazardous Substances

21. Surface Coal Mining Activities

22. Removal of Vessels

23. Approved Categorical Exclusions

24. Indian Tribe or State Administered Section 404 Programs

25. Structural Discharges

26. [Reserved]

27. Aquatic Habitat Restoration Enhancement and Establishment Activities

28. Modifications of Existing Marinas

29. Residential Developments

30. Moist Soil Management for Wildlife

31. Maintenance of Existing Flood Control Facilities

32. Completed Enforcement Actions

33. Temporary Construction, Access, and Dewatering 

34. Cranberry Production Activities

35. Maintenance Dredging of Existing Basins

36. Boat Ramps

37. Emergency Watershed Protection and Rehabilitation   

38. Cleanup of Hazardous and Toxic Waste 

39. Commercial and Institutional Developments 

40. Agricultural Activities

41. Reshaping Existing Drainage Ditches

42. Recreational Facilities 

43. Stormwater Management Facilities

44. Mining Activities

45. Repair of Uplands Damaged by Discrete Events

46. Discharges in Ditches

47. [Reserved]

48. Commercial Shellfish Aquaculture Activities

49. Coal Remining Activities

50. Underground Coal Mining Activities

51. Land-Based Renewable Energy  Generation Facilities 

52. Water-Based Renewable Energy Generation Pilot Projects

53. Removal of Low-Head Dams

54. Living Shorelines

 

      (a) No activity is authorized under any NWP which is likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. No activity is authorized under any NWP which “may affect” a listed species or critical habitat, unless ESA section 7 consultation addressing the effects of the proposed activity has been completed. Direct effects are the immediate effects on listed species and critical habitat caused by the NWP activity. Indirect effects are those effects on listed species and critical habitat that are caused by the NWP activity and are later in time, but still are reasonably certain to occur.

 

      (b) Federal agencies should follow their own procedures for complying with the requirements of the ESA. If pre-construction notification is required for the proposed activity, the Federal permittee must provide the district engineer with the appropriate documentation to demonstrate compliance with those requirements. The district engineer will verify that the appropriate documentation has been submitted. If the appropriate documentation has not been submitted, additional ESA section 7 consultation may be necessary for the activity and the respective federal agency would be responsible for fulfilling its obligation under section 7 of the ESA.

 

      (c) Non-federal permittees must submit a pre-construction notification to the district engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat, and shall not begin work on the activity until notified by the district engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that might affect Federally-listed endangered or threatened species or designated critical habitat, the pre-construction notification must include the name(s) of the endangered or threatened species that might be affected by the proposed activity or that utilize the designated critical habitat that might be affected by the proposed activity. The district engineer will determine whether the proposed activity “may affect” or will have “no effect” to listed species and designated critical habitat and will notify the non-Federal applicant of the USACE’ determination within 45 days of receipt of a complete pre-construction notification. In cases where the non-Federal applicant has identified listed species or critical habitat that might be affected or is in the vicinity of the activity, and has so notified the Corps, the applicant shall not begin work until the Corps has provided notification that the proposed activity will have “no effect” on listed species or critical habitat, or until ESA section 7 consultation has been completed. If the non-Federal applicant has not heard back from the Corps within 45 days, the applicant must still wait for notification from the Corps.

Additional Information Sources for ESA

Additional ESA Guidance for Applicants (Under construction)