The U.S. Army Corps of Engineers (USACE), Buffalo District, in cooperation with the New York State Department of Environmental Conservation (DEC) and New York State Department of State (DOS) have issued guidance regarding permits available for the purpose of shore protection to safeguard existing functional erosion control structures, roads, bridges, infrastructure, and property along Lake Ontario shoreline and the Saint Lawrence River including affected portions of navigable bays and tributaries.
On April 30, 2019, the DEC issued a NEW General Permit (GP-0-19-003) for Lake Ontario Erosion Control which covers the same Lake Ontario and St. Lawrence River Shoreline areas as GP-0-17-006 and GP-0-18-002. Applications for coverage must be received by the DEC prior to April 30, 2020 with work completed by September 30, 2020.
Details of the DEC GP and instructions for applicants can be found at: http://www.dec.ny.gov/permits/89343.html.
Projects that qualify for the General Permit will also qualify for the USACE Nationwide Permit (NWP) No. 3, 13, and/or 19 and have received Coastal Consistency Certification from the New York State Department of State (NYSDOS).
All GP applications must be submitted to the DEC who will determine if the GP applies. If the GP applies, no coordination with the USACE or DOS is required except for the following circumstances:
- You must contact the USACE at 716-879-4330 or LRB.Regulatory@usace.army.mil to obtain approval prior to starting work to ensure compliance with the Endangered Species Act:
a.) All projects involving tree removal in any of the affected counties.
b.) For projects in federal jurisdictional wetlands in: Towns of Huron and Wolcott, Wayne County and all Towns in Cayuga and Oswego Counties; and Towns of Ellisburg and Henderson in Jefferson County*.
c.) For any work subject to this permit with sandy shorelines* in the Towns of Sandy Creek and Richland, Oswego County, and the Towns of Henderson and Ellisburg, Jefferson County.
* updated September 4, 2019
To ensure permit compliance please review the complete terms and conditions of the USACE Nationwide Permits that can be accessed at https://lrb.usace.mil/Portals/45/docs/regulatory/HighWaterInfo/Condensed NWP 3_13_ 19 for GP-0-19-003(final).pdf.
NOTE: Projects that subsequently receive a DEC “STANDARD ACTIVITY PERMIT SAP-0-19-001: 2017-2018 LAKE ONTARIO/ST LAWRENCE RIVER FLOODING”, which allows for completion of projects that previously received a DEC GP but expired before completion of the authorized work, will continue to qualify for Nationwide Permit (NWP) No. 3, 13, and/or 19.
Projects not qualifying for the GP
A joint application must be submitted separately to DEC, USACE & DOS. The joint application and instructions are available on our website at: https://www.lrb.usace.army.mil/Missions/Regulatory/New-York-Permit-Information/