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Nationwide Permit (NWP) Information: Find copies of each NWP valid in NY and OH, news on NWPs, and other NWP info.

NY Permit Info & Application: Find permit application forms, information for applying for a permit, types and the permit application process

OH Permit Info & Application: Find permit application forms, information for applying for a permit, types and the permit application process

Check Permit Status: Find info for pending applications, finalized actions, finalized Approved Jurisdictional Determinations, and the National ORM Public Portal (a map viewer to find actions).

Public Notices: Find public notices for permits by month/year.

Section 408 Requests and Section 404/10 Applications

408 O verview: Information of the Section 408 program

WRDA 214 Permits

Waters & Wetlands: Find Info for Definition of Waters of the U.S., Wetland Delineations, Jurisdictional Determinations, Compensatory Mitigation, and Section 10 waterways.

Other Resources: Find links to other agencies and sites with relevant info pertaining to USACE Regulatory.

*UPDATE September 1, 2023* Consultant List Within the US Army Corps of Engineers, Buffalo District Boundaries

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IMPORTANT NEWS!

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A message from Buffalo District Regulatory to You: The Buffalo District Regulatory Branch wants you to know we are diligently working to process your requests in as timely a manner as possible. We work on a first come-first served basis and our target response time for most small projects is 60 days from when we receive a complete application. Larger projects can require a longer review time. You can help speed up this process by carefully following the directions attached to our application form and ensuring that you send in all the required information.

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 are also facing some challenges, including:

1. High Number of Submittals: We are currently receiving a very high number of applications and jurisdictional determination requests, which has resulted in a larger workload for our Regulatory staff and longer response time.

2. Recent regulation changes: There have been several substantial regulation changes in the past 24 months which have required significant time for staff training and for certain regulatory processes to be modified. This has resulted in a longer response time by Regulatory staff.

If you would like to check on your project's status, please look at the 'Check Permit Status' page [click here] and then, if necessary, contact us using the appropriate email address [click here], or the project manager that has been assigned to your file. Please use your assigned file number (ex. LRB-20XX-XXXX) when making inquiries about your project.

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

Buffalo District Regulatory Branch

Last Updated June 2, 2023

August 29, 2023 - To Conform with Recent Supreme Court Decision, EPA and Army Amend "Waters of the United States" Rule. Click here for more information.

July 19, 2023: The “Vicinity” Document for Federally-listed bats in New York State under the Endangered Species Act (for defining “vicinity” in General Condition No. 18 of the Nationwide Permit program) has been updated. Click here for updated protocol.

July 11, 2023: The Buffalo District is moving effective July 24, 2023, to the following address: 478 Main St, Buffalo, NY 14202

May 26, 2023 - Supreme Court Ruling in Sackett v. Environmental Protection Agency The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers (the agencies) are in receipt of the U.S. Supreme Court’s May 25, 2023 decision in the case of Sackett v. Environmental Protection Agency. In light of this decision, the agencies will interpret the phrase “waters of the United States” consistent with the Supreme Court’s decision in Sackett. The agencies continue to review the decision to determine next steps.

March 23, 2023 - On April, 1 2023, the Northern long-eared bat (NLEB) will be reclassified (from Threatened) to Endangered under the Endangered Species Act. And the 4(d) Rule included in its former Threatened status will be removed on March 31, 2023. The US Fish and Wildlife Service (USFWS) has developed and approved an Interim Consultation Framework, valid until April 1, 2024, to aid and streamline projects within the NELB range. More information on the Interim Framework can be located at the USFWS website at: https://www.fws.gov/species/northern-long-eared-bat-myotis-septentrionalis.

23 January 2023 – Federal Agencies Solicit Comments on Draft Changes to 2022 National Wetland Plant List - On 20 January 2023, the U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, announced the availability...

On 20 January 2023, the U.S. Army Corps of Engineers (USACE), as part of an interagency effort with the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service and the U.S. Department of Agriculture Natural Resources Conservation Service, announced the availability of the draft changes to the 2022 National Wetland Plant List (NWPL) and its web address to solicit public comments. The public now has the opportunity to comment on the proposed changes to wetland indicator status ratings for two plant species in the Arid West region. The Federal Register Notice (FRN) for the 2022 NWPL update can be found here: https://www.federalregister.gov/documents/2023/01/20/2023-01026/national-wetland-plant-list. The public comment period ends on 21 March 2023. The two species and their draft 2022 wetland ratings by region, as well as the FRN, can also be viewed at the NWPL homepage, https://wetland-plants.sec.usace.army.mil, under “2022 NWPL Update Information.” A link to provide general or species-specific comments is also available at this location. All submitted comments and information will be compiled and sent to the National Panel for their consideration. USACE is also seeking comments regarding the NWPL update process and a proposed change to update the NWPL every three years, rather than the present every two years. USACE administers the NWPL for the United States and its territories. The NWPL provides plant species indicator status ratings, which are used in determining whether the hydrophytic vegetation factor is met when conducting wetland delineations under the Clean Water Act and wetland determinations under the Wetland Conservation Provisions of the Food Security Act. Other applications of the NWPL include wetland restoration, establishment, and enhancement projects. Additions or deletions to the NWPL represent new records, range extensions, nomenclatural and taxonomic changes, and newly proposed species. The latest review process began in 2022 and included review by Regional Panels and the National Panel.

December 30, 2022 - EPA and Army Finalize Rule Establishing Definition of WOTUS and Restoring Fundamental Water Protections

Today, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule establishing a durable definition of “waters of the United States” (WOTUS) to reduce uncertainty from changing regulatory definitions, protect people’s health, and support economic opportunity. The final rule restores essential water protections that were in place prior to 2015 under the Clean Water Act for traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters. As a result, this action will strengthen fundamental protections for waters that are sources of drinking water while supporting agriculture, local economies, and downstream communities.

Click here to to read the full press release and to access the rule and related materials.

December 7, 2022 - On December 1, 2022, USACE and EPA announced the availability of the Interim Draft of the National Ordinary High Water Mark Field Delineation Manual for Rivers and Streams (National OHWM Manual) and its accompanying data sheet.HQ has posted an announcement on the HQ website which is intended to provide notice to the public of the availability of the interim draft. A direct link to the announcement is here: https://www.usace.army.mil/Media/Announcements/Article/3233308/1-december-2022-release-of-the-interim-draft-of-the-national-ordinary-high-wate/ . The announcement includes a link to the public notice for the release of the interim draft manual

February 11, 2022 - A Public Notice has been issued announcing the final regional conditions, water quality certification and coastal zone concurrence for NY for the 2021 Nationwide Permits effective February 25, 2022. Click here to view the Public Notice.

Buffalo District Regulatory Program - Overview

The Department of the Army (DA) Regulatory Program is one of the oldest programs in the federal government. Initially, the Regulatory Division served a fairly simple, straightforward purpose: To protect and maintain the navigable capacity of the Nation's waters, under Section 10 of the River and Harbors Act of 1899. In 1972, the Clean Water Act (Act) was signed into law and the DA was directed to administer Section 404 of the Act, which regulates the discharge of dredged and/or fill material into waters of the United States. In 1977, the Corps of Engineers jurisdiction was increased to include wetlands as part of the Waters of the US.

The Regulatory Program is committed to protecting the Nation's aquatic resources and navigation capacity, while allowing reasonable development through fair and balanced decisions. Buffalo District Regulators are dedicated to protecting New York and Ohio's federal waters while allowing reasonable and necessary development to move forward through evaluation of permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands.

More Information

Please submit new permit applications to the Buffalo District Office and use the Buffalo District office contact information for general questions and inquiries. If you leave a message regarding general questions and inquiries, a Regulatory staff member will return your call as soon as possible; generally within 24 hours or the next business day. *See APPLICATION SUBMITTAL DIRECTIONS on the Contact Us page*.

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