New York State Department of State

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New York State Department of State Coastal Management Program

New York State Department of State (NYS DOS) manages the New York State Coastal Management Program to balance competing land and water uses in New York’s coastal area. DOS staff conduct reviews to ensure that proposed projects that require federal permits within or affecting New York’s coastal area are consistent with Coastal Management Program policy. These are known as federal consistency or federal consistency reviews.

Contact Information

Address

Consistency Review Unit
Office of Planning and Development
New York State Department of State
Suite 1010
99 Washington Avenue
One Commerce Place
Albany, NY 12231-0001

About This Program

Federal consistency reviews are required when: a) the project requires a permit, funding, or direct assistance from a federal agency such as the U.S. Army Corps of Engineers, and, b) the proposed project falls within the mapped coastal area or would affect coastal uses or resources within the coastal area.

Where regulations apply

The Coastal Area Boundary established by the NYS DOS is mapped and is visible via an interactive tool on their website. When you enter an address or location, the landward coastal boundary is displayed.

If your project is waterward of this boundary or would affect a coastal use or resources waterward of this boundary, and you are seeking any permit, funding, or direct assistance from the federal government (for example, Army Corps), a consistency review may be required. You should consult the NYS DOS website to determine if a review is required or contact the DOS directly to discuss.

Working with the NYS DOS

What to Know Before You Apply

Review the NYS DOS website to see if submittal is required. You may also contact the DOS to discuss your project. 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, Significant Coastal Fish and Wildlife Habitats).

For large or complex projects, in-person consultations are recommended.

See also: Does Your Project Need Permits?

How NYS DOS Reviews Relate to Army Corps Nationwide Permits

The most common federal activities reviewed by NYS DOS under the Coastal Management Program are those authorized pursuant to the Army Corps’ Nationwide Permits Program. However, not all Nationwide Permits require review by DOS and some require review only under certain conditions.

Examples of Nationwide Permits that always require consistency reviews are:

  • Bank stabilization projects
  • Outfall structures
  • Maintenance of existing structures where the footprint is expanded.

Minor dredging, on the other hand, never requires a review by NYS DOS.

NYS DOS has developed a list showing which Nationwide Permits require a consistency review.

Special Management Areas

The interactive mapping tool on the NYS DOS website will help you determine if your project is within a Special Management area. If so, specific coastal policies will be applicable. The NYC Consistency Assessment Form will help you identify which policies are potentially applicable (policy numbers are in parenthesis adjacent to a series of yes/no questions).

Please refer to the Coastal Boundary Map to determine if your proposed project is located within any Special Management Areas identified by NYS DOS, such as: Significant Coastal Fish and Wildlife Habitat.

Application Requirements

Required Forms

Other Required Materials

  • Detailed description of the proposed activity, its associated facilities, and coastal effects
  • Written analysis of the proposed activity’s consistency with the policies of the NYC WRP
  • Statement on the purpose and need for the activity
  • Analysis of alternatives
  • Maps showing the specific geographic location of the proposed activity (drawn to scale) – use the Coastal Boundary Mapper tool
  • Site Plans (drawn to scale)
  • Project Drawings (drawn to scale)
  • Color photographs (three is usually sufficient) of the site showing the existing site in its entirety
  • Identification of the owners of the abutting upland properties and underwater lands
  • Copies of other supporting documentation submitted with the federal application
  • Copies of applications and correspondence submitted to involved other state agencies (DEC, etc.)
  • A Final Environmental Impact Statement if it is required by another state or federal agency
  • All other information submitted to a federal agency

For a complete list of Joint Application requirements for all agencies, and to get copies of the forms you’ll need, see the:

Joint Application Checklist

Fees

There is no fee for a NYS DOS consistency review.

What to Expect After You Apply

Once you submit an application to the NYS DOS, you will be notified if any additional information is required. If the information listed above is not included, the official time clock will not begin. If DOS requires any additional information, you will be notified. As long as all the information listed above has been received, the official time clock will not be adjusted.

Standard Activities and Minor Projects

The time required to review minor projects typically ranges from one week to two months and can take no longer than six months.

Large Projects

For large-scale commercial or industrial projects, it is not uncommon for DOS to take six months from receipt of all the information listed above to review a project and issue a determination.