1. High submittal of requests: We are currently receiving a very high number of applications and jurisdictional determination requests, which has caused a longer response time for the Regulatory staff. Increased requests are a result of fluctuating lake levels in the Great Lakes, green energy initiatives (e.g. solar and wind development), increased commercial/residential development, recent regulation changes, and other factors.

2. Recent regulation changes: There have been several substantial regulation changes in the past 12-18 months, which have required significant time for staff to be trained and for certain regulatory processes to be modified. These process changes have resulted in additional workload/staff time, which has also resulted in a longer response time for Regulatory staff.

If you have not been contacted by a Corps of Engineers Project Manager regarding your request, and you would like to inquire regarding the project status, please look at the 'Check Permit Status' page [click here] and then if needed, please contact us using the appropriate email address [click here], or the project manager that has been assigned to your file. If your file has been assigned a number (ex. LRB-20XX-XXXX), please reference this number in your email.

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 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 9/22/2021.

NY Joint Permit Application Form with instructions

This application form can be sent to  by email to lrb.regulatory.newyork_actions@usace.army.mil or U.S. Army Corps of Engineers, Buffalo District, Regulatory Branch, 478 Main St, Buffalo, NY 14202. See specific APPLICATION SUBMITTAL DIRECTIONS on the Contact Us page. To apply for other permits with other agencies that may be associated with Department of the Army permits, you must send an individual copy directly to that agency.

A Jurisdictional Determination (JD) is a two step process of 1) identifying and locating jurisdictional Waters of the United States (including wetlands) on a property and 2) determining whether those areas are regulated by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. Receiving a jurisdictional determination is recommended when planning a project.

For more information, please see our wetland and waters page.

** You may be required to complete additional coordination if these conditions apply:

FOR PROJECTS ALONG THE GREAT LAKES COASTAL ZONE IN NEW YORK STATE:

The Coastal Area in the Great Lakes region of New York State is about 1,000 feet inland from the shoreline extending along Lake Erie, Niagara River, Lake Ontario and the St. Lawrence River.  However, in many of the urbanized and developed areas of the coast (for example, Buffalo, Rochester, Oswego, Alexandria Bay and Ogdensburg) and at several locations where State highways and rail lines parallel the shoreline, the boundary extends 500 feet or less inland. In addition, the coastal boundary may extend quite some distance inland along major tributaries.

Section 307(c) of the Coastal Zone Management Act of 1972, as amended, requires applicants to obtain a certification or waiver that the activity complies with the state's coastal zone management program (CZMP) for activities affecting a state's coastal zone. The CZMP is administered by the New York State Department of State (NYSDOS).

Please visit the NYSDOS website by clicking here to:

• determine if your site is located within the coastal zone by using Coastal Atlas on the Geographic Information Gateway mapping tool
• learn more about NYSDOS Coastal Policies and regarding NYSDOS requirements for projects in the coastal zone    
• download the fillable NYSDOS Coastal Zone Management Federal Coastal Consistency Assessment Form

Note: compliance with Section 307(c) is required before USACE can issue an Individual Permit or affirm use of a General Permit for projects within the coastal zone.

Other Coastal Information: 

◾NYSDEC Publication New York State REDI: Building Resilience in Recovery - Homeowner Program Guidance for Shoreline Management on the Great Lakes and St. Lawrence River

◾Living on the Coast

◾NY - Lake Erie/Lake Ontario with Littoral Transport Information Fact Sheet

Section 401 of the Clean Water Act (Water Quality Certification [WQC]):  An individual WQC will be required for any Corps Individual Section 404 Permit, including Letters of Permission, involving the discharge of fill material. For activities that may be authorized by a Nationwide Permit (NWP), please review the individual WQC requirements included in each NWP document (below in the NY NWP dropdown).  Please note that the WQC regulations have recently changed which require additional steps prior to submission of an individual WQC request, click here for a brief overview of the changes.  The Corps recommends that you contact the New York State Department of Environmental Conservation (DEC) to determine if this will be required for your project; click here for more information.

NEWS: On June 2, 2021, The U.S. Environmental Protection Agency (EPA) announced that it will revise the “Clean Water Act Section 401 Certification Rule” (2020 Rule) and initiate a series of stakeholder engagements on the upcoming rulemaking effort. A copy of the Federal Register notice is available at https://www.epa.gov/cwa-401. EPA is accepting written feedback through a docket for 60-days at Docket ID EPA-HQ-OW-2021-0302.

Endangered Species:  The Corps is required to coordinate with the  U.S. Fish and Wildlife Service (USFWS) for any proposed project (all permit types) that may affect a federally listed threatened or endangered species. Specific to Nationwide Permits (NWP), General Condition 18 (Endangered Species), states that a pre-construction notification be submitted to the Corps if a federally listed species is in the "vicinity" of an applicant's project. Below is information on some of the federally listed species that commonly exist within project areas in New York:

• Indiana & Northern Long Eared Bats
  • Indiana and Northern Long Eared Bat Summer Survey Guidelines
  • Protocol  for defining "vicinity" for the Indiana & Northern Long Eared Bats  per General Condition 18 of the Nationwide Permits
• Piping Plover​
  • Piping Plover Press Release (USFWS)
  • Piping Plover Critical Habitat Map
• US Fish & Wildlife Service
  • Project Review Steps in NYS
• NY Natural Heritage Program
  • Natural Heritage Program
  • How to Request Information for a Project Site
• IPaC Website(Information for Planning and Conservation)

Historic Properties: The Corps of Engineers is required to coordinate with the NYS Historic Preservation Office regarding any potential impacts to any historic properties that may exist within a proposed project area.

Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States.  Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services.  Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre.  Compensatory mitigation for jurisdictional stream or other aquatic resource impacts will be determined on a case-by-case basis.  For additional information, please review additional mitigation information and information on wetlands, streams, and navigable waterways available on the Waters and Wetlands Information page.

Standard Permits: A type of individual permit that involves a full public interest review of an individual permit application and includes the issuance of a public notice for any project that does not meet the terms and conditions of a Nationwide Permit or LOP.  Processing time usually takes 90 to 120 days from the time of a complete application, but may exceed this time period in cases where a public hearing is required or if an Environmental Impact Statement (EIS) must be prepared.

Nationwide Permits: a form of general permit that authorizes a category of activities throughout the nation. These permits are valid only if the conditions applicable to the permits are met. If the conditions cannot be met, then a regional or individual permit will be required. Examples of activities include, but are not limited to: repair, utility lines, bank stabilization, road crossings, residential & commercial development, boat ramps, etc.

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.

5 January 2021 - Army Corps of Engineers announces new and revised nationwide permits
USACE announced today that it reissued 12 and issued four new nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The final rule is expected to be published in the Federal Register in the coming weeks. The pre-publication version of the final rule is available at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/. 

15 September 2020 - Army Corps of Engineers announces proposal to renew and revise nationwide permits
The U.S. Army Corps of Engineers announced today that it has prepared its proposal to renew and revise 52 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The proposal was published in the Federal Register today. The public comment period ends on November 16, 2020. The proposed rule is available through the Federal Register web site at: https://www.federalregister.gov/documents/2020/09/15/2020-17116/proposal-to-reissue-and-modify-nationwide-permits

Regional General Permits: These are for small specialized projects that are regionally available.

NY Section 404 Letters of Permission

NY Section 404 Letters of Permission Application Procedures

Summary of Categories

LOCATION OF WORK:

These LOP procedures shall apply to work in all waters of the United States (WOUS) that are located within the State of New York and subject to regulation by the USACE Buffalo District.

ACTIVITIES COVERED:

Categories of Activities eligible for LOP authorization include the following, subject to the General and Special Conditions and requirements noted below, and any Special Conditions added by USACE upon project specific review:

Category 1:     THE DISCHARGE OF DREDGED OR FILL MATERIAL CAUSING THE LOSS OF UP TO 1.0 ACRE OF WOUS ANDTHE LOSS OF NO MORE THAN 500 LINEAR FEET OF STREAM CHANNEL ASSOCIATED WITH THE CONSTRUCTION OF RESIDENTIAL, COMMERCIAL, INSTITUTIONAL OR INDUSTRIAL DEVELOPMENTS. 

•           Authorization will be limited to projects that include appropriate compensatory mitigation and which have been determined to represent the least environmentally damaging practicable alternative according to CWA 404(b)(1) guidelines.  

•           Culverted stream crossing activities will be conducted according to guidelines outlined in Appendix A- Culvert Installation Requirements, unless criteria are waived by the USACE.

Category 2:     PLACEMENT OF A MAXIMUM OF 2000 CUBIC YARDS OF SAND INTO OPEN WATERS TO MAINTAIN AND RESTORE BATHING BEACHES. 

•           Authorization shall be limited to projects involving a maximum of 2000 cubic yards of beach-compatible sand placed below ordinary high water (OHW). 

•           Sand material is to be obtained from an upland source or suitable dredged material meeting grain size requirements outlined in the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf).

•           The dredged material must be free from chemical, biological, or other pollutants.

•           Placement may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

•           Note:  Any dredging activities will require a separate permit authorization. 

Category 3:     PLACEMENT OF NO MORE THAN 10,000 CUBIC YARDS OF PREDOMINANTLY GRANULAR DREDGED MATERIAL INTO NEARSHORE AREAS OF THE NIAGARA AND ST. LAWRENCE RIVERS, AND LAKES ERIE AND ONTARIO, LOCATED WITHIN THE STATE OF NEW YORK TO MAINTAIN THE LITTORAL SYSTEM.

•           Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

•           If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for near shore placement.

•           If testing of the coarse-grain dredged material is determined as necessary, surface grab samples are acceptable to represent characteristics of the dredged material - if the material has been dredged within the last five years and/or constitutes a shoal that is less than two feet above the proposed dredging elevation as defined in Title 40 CFR 230.11(d).

•           The dredged material must be free from chemical, biological, or other pollutants.

•           These discharges may not occur within or be associated with activities occurring in wetlands as defined in Title 33 CFR Part 320 et. seq. or other special aquatic sites which are defined in Title 40 of the CFR Part 230. 

           Note:  Any dredging activities will require a separate permit authorization. 

Category 4:     DISCHARGE OF DREDGED MATERIAL INTO USACE APPROVED OPEN LAKE PLACEMENT AREAS IN LAKES ERIE AND ONTARIO LOCATED WITHIN THE STATE OF NEW YORK. 

•           Note:  Any dredging activities will require a separate permit authorization. 

•           Suitability of the dredged material and any testing requirements will be determined through coordination with the USACE Project Manager (PM). 

•         If testing of the dredged material is required, the dredged material must be sampled, tested, and evaluated in accordance with the USEPA/USACE Great Lakes Dredged Material Testing and Evaluation Manual (http://www.epa.gov/glnpo/sediment/gltem/404main.pdf) to determine if the material meets federal guidelines for open-lake placement. 

•           The current placement areas available for use under LOP procedures are at the following locations:

Lake Ontario Open Lake Placement Areas* offshore from:

Wilson Harbor, NY

Olcott Harbor, NY

Rochester Harbor/Irondequoit Bay, NY

Great Sodus Bay, NY

Little Sodus Bay, NY

Oswego, NY

Lake Erie Open Lake Placement Areas* offshore from:

Barcelona

Dunkirk

*Note:  This list is for current placement areas only.  Any areas approved in the future for USACE dredge placement would also be eligible for public use under the proposed LOP procedures if a 401 WQC is issued by the New York State Department of Environmental Conservation (NYSDEC).