Regulatory Menu

National Regulatory Program 

Buffalo Regulatory Home 

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 & ApplicationFind 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

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 May 17, 2022* Consultant List Within the US Army Corps of Engineers, Buffalo District Boundaries

Contact Us

Nationwide Permits

What is a Nationwide Permit?

-  A general permit; 59 Nationwide Permits (NWP) currently.

  • Note: A NWP may be revoked in some areas as determined by a district or division commander.
  • See the dropdown list below of all the Nationwide Permits available in your state.

-  Purpose: to authorize general activities that impact waters of the United States and maintain compliance with Section 404 of the Clean Water Act and/or Section 10 of the River and Harbors Act.

-   NWPs authorize a wide variety of activities, such as but not limited to:

  • linear transportation projects,
  • bank stabilization activities,
  • residential development,
  • commercial and industrial developments,
  • aids to navigation,
  • Energy and Utility work,
  • and certain maintenance activities.

-  Regional Conditions may be added to NWPs in order to:

  • protect local aquatic ecosystems,
  • or to minimize adverse effects on fish or shellfish spawning, wildlife nesting or other ecologically critical areas. 

-  NWPs require issuance of other permits in order to be valid:

  • Section 401 Water Quality Certification: authority held by NYS Department of Environmental Conservation in NY, and the Ohio Environmental Protection Agency in Ohio.
  • Federal Coastal Consistency Determination (CZM): authority held by NYS Department of State in NY and the Ohio Department of Natural Resources in Ohio.
  • Sometimes 401 WQC and CZM are blanketed into the issued NWPs with conditions so that you do not need to seek an individual permit. BUT if you do not meet the conditions than you need to seek these authorizations first prior to using the NWP.

-        NWPs authorize ~40,000 reported activities per year, as well as ~30,000 activities that do not require reporting to USACE districts.

*These permits are valid only if the conditions applicable to the permits are met, including RC, WQC & CZM. If the conditions cannot be met, then a regional or individual permit will be required.  

News:

11 February 2022 - As indicated in the December 27, 2021 Federal Register announcement, the  40 remaining 2017 Nationwide Permits now expire on February 24, 2022.  Please note in accordance with 33 CFR part 330.6(b), that if you commence or are under contract to commence an activity in reliance of the permit prior to the date the Nationwide permit expires, is suspended or revoked, or is modified such that the activity no longer complies with the terms and conditions, you have twelve months from the date of permit modification, expiration, or revocation to complete the activity under the present terms and conditions of the permit, unless the permit has been subject to the provisions of discretionary authority.

Click here to get more information on Nationwide Permits from the USACE Headquarters website.

Nationwide Permits for New York and Ohio

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 (3/15/2021)
56. Finfish Mariculture Activities (3/15/2021)
57. Electric Utility Line and Telecommunications Activities (3/15/2021)
58. Utility Line Activities for Water and Other Substances (3/15/2021)
59. Water Reclamation and Reuse Facilities *New* (2/25/2022)

Activities authorized under 2021 Nationwide Permits for Ohio
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 (3/15/2021)
56. Finfish Mariculture Activities (3/15/2021)
57. Electric Utility Line and Telecommunications Activities (3/15/2021)
58. Utility Line Activities for Water and Other Substances (3/15/2021)
59. Water Reclamation and Reuse Facilities *New* (2/25/2022)

 

Additional New York NWP Information:

2021 NWP Regional Conditions: The final Regional Conditions for the State of New York for the 16 2021 NWPs, that were issued on January 5, 2021 and effective as of March 15, 2021, were approved by the Great Lakes and Ohio River Division Engineer (LRD) and North Atlantic Division (NAD), effective on March 15, 2021. On March 8, 2021, 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 2021 NWP in the State of NY. NOTE: there are 40 existing 2017 NWPs that were not reissued or modified by the January 13, 2021 final rule. Those 40 2017 NWPs, including associated WQC and CZM conditions, remain in effect until the Corps issues a final rule reissuing those NWPs or March 18, 2022, whichever comes first. View 2017 NWPS still in effective in the state of New York. [UPDATE - the 40 existing 2017 NWPs that will be replaced will now expire on February 24, 2022.]

The final Regional Conditions for the State of New York for the remaining 41 NWPs, that were issued on December 27, 2021 and effective on February 25, 2022, were approved by the North Atlantic Division for New York Districts’ area or responsibility (AOR) on January 31, 2022, and Great Lakes and Ohio River Division for Buffalo Districts’ AOR on February 8, 2022. On February 11, 2022, 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 these 41 NWP in the State of NY. The regional conditions have been incorporated into the NWP documents. NOTE: The individual NWP documents will be available when they become effective on February 25, 2022.

All 2021 NWPs, regardless of effective date, will expire on March 14, 2026 unless the NWP is subsequently modified, suspended, revoked.

2021 NWP Water Quality Certification (WQC):The WQC determinations and conditions have been incorporated into the NWP documents. For projects where the WQC has been denied or that do not meet the general or special WQC conditions, the use of an NWP to authorize a discharge into waters of the United States is contingent upon obtaining an individual WQC or case-specific waiver from the respective agency or tribe.

On December 14, 2020, the Districts received the following final WQC determinations:

i. New York State Department of Public Services (NYSDPS) denied WQCs for all Section 404 NWPs that may apply to activities undertaken pursuant to New York State Public Service Law (PSL) Article VII for activities that relate to the construction and operation of major natural gas or electric transmission facilities.

ii. The New York State Office of Renewable Energy Siting (NYSORES) denied WQCs for all Section 404 NWPs that may apply to activities undertaken pursuant to New York State Executive Law Article 6, Section 94-C for activities that relate to the construction and operation of major renewable electric generating facilities.

iii. The New York State Board on Electric Generation Siting and the Environment (Siting Board) denied the request for WQC for all Section 404 NWPs that may apply to activities undertaken pursuant to PSL Article 10 for new and repowered or modified major electric generating facilities of 25 megawatts or more.

iv. The U.S. Environmental Protection Agency (USEPA), as the certifying agency for the seven federally recognized Indian Nations in New York (Cayuga Nation, Onondaga Nation, Oneida Nation of Indians, Seneca Nation of Indians*, Shinnecock Indian Nation, Tonawanda Seneca Nation, and Tuscarora Nation) denied WQC for all Section 404 NWPs occurring on these tribal lands. *Note: Subsequent to the USEPA determination, the Seneca Nation of Indians has been designated by USEPA as a certifying authority for all work occurring within their tribal lands. The USEPA determination, made on their behalf, will remain valid until such time as the Seneca Nation completes their WQC determination. A public notice will be issued with their final WQC determination when the process is complete.

On December 23, 2020, the Saint Regis Mohawk Tribe denied WQC for all applicable NWPs occurring on Saint Regis Mohawk Tribal land.

On December 18, 2020, the Districts received the final WQC determination from the New York State Department of Environmental Conservation (NYSDEC) for NWP activities not covered by the above determinations. See specific NWP for WQC determination and conditions.

On October 15, 2021, the Districts received the WQC determination from the New York State Department of Environmental Conservation (NYSDEC) for the remaining 41 NWPs. See specific NWP for WQC determination and conditions.

2021 NWP Coastal Consistency Determination: On December 10, 2020, the New York State Department of State (NYSDOS) provided the Districts its Coastal Zone Management determination (F-2020-0754) for the reissuance of the existing 54 NWPs and the five (5) new NWPs, as requested by the Districts on September 29, 2020, indicating the proposed reissuance and modification of the NWPs, pursuant to 33 CFR Part 330 is and will be conducted in a manner consistent to the maximum extent practicable with the New York State Coastal Management Program (CMP). On October 7, 2021, NYSDOS provided recertification of its prior consistency decision regarding the 41 NWPs that will go into effect on February 25, 2022 (F-2021-0784). The CZM determinations and conditions have been incorporated into the NWP documents. For projects where NYSDOS has objected to the Corps consistency determination, the use of an NWP to authorize an activity within New York State's coastal zone is contingent upon obtaining an individual CZM consistency determination or case-specific presumption of CZM concurrence from NYSDOS.