U.S. Army Corps of Engineers
P: 917-790-8511 (Eastern Permit Section)
F: (212) 264-4260
U.S. Army Corps of Engineers
New York District
ATTN: Regulatory Branch, Room 1937
26 Federal Plaza
New York, NY 10278-0090
About Army Corps Permits
Individual permits include authorization for:
- Section 10 permits: Required for the construction of any structure or work in or affecting any navigable water of the United States, and for the excavation from or depositing of material in such waters.
- Section 404 permits: Required for the discharge of dredged or fill material into waters of the United States. This includes:
- the territorial seas within three nautical miles of the shore
- tidal waters up to the Spring High Water line where there are no adjacent non-tidal waters or wetlands; where there are adjacent tidal waters or wetlands, jurisdiction is extended
- and non-tidal waters up to the Ordinary High Water mark if there are no adjacent wetlands. If there are adjacent wetlands, jurisdiction extends to the limits of those wetlands; if the water itself consists solely of wetlands, jurisdiction extends to the limit of the wetlands.
Letters of Permission
Letters of permission may be issued if the proposed work is minor or routine with minimum impacts and objections are unlikely. Letters of Permission can be issued more quickly than a standard individual permit.
The Army Corps has pre-authorized certain activities under a number of general permits known as Nationwide Permits. These activities are considered to have minimal adverse impacts on the environment.
Working with Army Corps
- What to Know Before You Apply
The Army Corps will decide whether your project requires an individual permit, or may be authorized under a Nationwide Permit. You can make this determination on your own prior to application and a project manager will notify you if the permit needs to be processed as a different type of permit. You can review the list of Nationwide Permits to help decide whether you should submit an application for a Nationwide Permit, Letter of Permission, or a standard individual permit. A project manager will notify you if the Corps determines that your project needs to be processed as a different kind of permit.
For most minor projects that qualify as a Nationwide Permit, you can begin working with the Army Corps by simply submitting your Joint Application. Be sure to review the requirements below. [in some cases, submittal is not required]
Review the Army Corps Format RequirementsReview all Army Corps requirements for submission before you apply. Army Corps requires special formats for site plans and drawings, and requires some unique documents (Army Corps Environmental Questionnaire, Essential Fish Habitat Worksheet).
- Army Corps has prepared a guide for applicants: Regulatory Program Applicant Information Guide
Contact the Army Corps to discuss your project permit requirements if you have questions. A staff member can help you confirm the required application materials, and identify special requirements for your project based on scope or location (for example, Essential Fish Habitat).
If You Have Existing ViolationsIf you have any pre-existing violations at the project site (for example, an existing structure that did not have a previous permit), talk to an Army Corps staff member about the best way to proceed. The existing structure will need to be authorized after-the-fact or removed before you can proceed with any additional work at your site.
- Application Requirements
- Joint Application
- Army Corps Environmental Questionnaire
- Essential Fish Habitat Worksheet
- Environmental Questionnaire
- Copy of the Consistency Assessment Form submitted to NYS DOS. Either of the following documents are acceptable:
Other Required Materials
- Justification for why work needs to occur in the designated area and ways to avoid or minimize the environmental impact
- One set of Site Plans / Drawings on 8 ½ “x 11” paper with water bodies indicated with a minimum Vicinity Map, Plan-view, and Cross-section view
- At least three color photographs of the site
- Photo key map
- List of any other state and local authorizations required
For a complete list of Joint Application requirements for all agencies, and to get copies of all the forms you’ll need see: Joint Application Checklist
The following fees are due when the Army Corps issues an individual permit only. Please wait until you receive a notice before submitting the requested fee. Nationwide Permit or Letter of Permission verifications do not require any fees.
Type of Project Fee Non-commercial Projects $10 Commercial Projects $100
- What to Expect After You Apply
The timelines shown below are an estimate of processing times for Army Corps permits. There is no guarantee that a project will be authorized within the timeframe referenced below. Processing time is determined by the complexity of the project and the time needed to complete a thorough public interest review. Keep in mind that all timelines begin once your application has been received and project manager has determined it is complete.
In some cases, the project manager will request you provide additional information, so that impacts proposed by your project can be understood. Prompt reply from the applicant or agent will facilitate the speed of review and processing. The final issuance of the permit is affected by the timing of NYS DOS’s federal consistency review. The Army Corps permit is not valid without the consistency concurrence from NYS DOS.
Most Army Corps individual permits require at least three months for processing from the date of a complete application. Once you submit an application to the Army Corps, you will be notified if any additional information is required. More complex or controversial projects will generally require more time to review.
Letters of Permission
These follow the same timelines of individual permits. However, there is a better chance of a permit being authorized sooner than an individual permit if the scope is minor or routine with minimum impacts and objections are unlikely.
General Permits / Nationwide Permits
Generally take 60 days from submitting a complete application to obtaining permission.
- Modifications, Extensions, and Transfers
Modifying an Existing Permit
If a permit requires modification, mail your request for modification to the Army Corps. The request should include a description of the proposed changes, justification for the changes, and all relevant modified plans. In your request letter, please describe whether the work or the window for construction needs to be altered. Permits may be extended or modified as long as the request is made before the permit expiration date. Requests for modification will be granted or denied at the sole discretion of the Army Corps.
Permit Transfers to New Owners
When the structures or work authorized by the standard individual permit are still in existence at the time a property is sold or transferred, the terms and conditions of the permit will continue to be binding on the new owner(s) of the property.
To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date the final page of the permit authorization on the line for “Transferee.” A copy of the permit signed by the transferee should be sent to this office.
- If you are the new owner of property with an existing waterfront permit in place, and are aware of any existing violations, contact the Army Corps for further information.