Federal Consistency Review Projects Requiring Federal Permits or Authorizations 

Projects that require federal permits or authorizations, such as a U.S. Army Corps of Engineers (USACE) Permit, may require consistency review by the NYS Department of State if the proposed activity would take place in, or affect, the Coastal Area. Projects performed by or on behalf of a federal agency follow a different process.

Determine if the project is in a Coastal Area. Follow the link to the Coastal Atlas on the Geographic Information Gateway and enter the project address or location in the box. See “Using the Coastal Atlas on the GIS Gateway.” 

• If a proposed project would not be in the Coastal Area, no federal consistency review is required unless the proposed project is likely to affect the uses and resources of the Coastal Area.  
  • If so, the applicant should submit a Federal Consistency Assessment Form (FCAF) and all necessary data and information.  
  • If the applicant does not choose to do this, DOS may request that the National Oceanic and Atmospheric Administration compel its submittal.  
• If located in the Coastal Area:  
  • A proposed project that requires federal authorization that is listed in Part II of Table 3 in the CMP beginning on page 17 of Section 9 of Part II “Federal Licenses and Permits and Other Forms of Approval or Authorization” requires federal consistency review.  
    • Most of these authorizations are from the US Army Corps of Engineers  
    • If the only federal authorization is a Nationwide Permit or a Regional General Permit, special provisions may apply. See Tables below.  
  • A proposed project that requires federal authorization that is not listed in Part II of Table 3 in the CMP beginning on page 17 of Section 9 of Part II “Federal Licenses and Permits and Other Forms of Approval or Authorization” requires federal consistency review if the project is likely to affect the uses and resources of the Coastal Area.  
    • If so, the applicant should submit a Federal Consistency Assessment Form and all necessary data and information.  
    • If the applicant does not choose to do this, DOS may request that the National Oceanic and Atmospheric Administration compel its submittal.  

Activities authorized under USACE nationwide permits (NWP) are considered to have minimal effects, and the Department of State (DOS) routinely exempts projects needing certain kinds of NWP from consistency review.    

Project sponsors should contact the USACE to determine if a project meets the requirements for a particular nationwide permit.  Nationwide Permit Information.

Any activity authorized under the following NWPs are unlikely to have significant coastal effects and DO NOT currently require consistency review.  These may be subject to change and are, generally, reevaluated every five years. The NWPs below will expire on March 15, 2031:  
 

Projects which qualify for the following Nationwide Permits may potentially have significant coastal effects. Therefore, consistency review is ALWAYS required for any activity authorized under the following nationwide permits. These may be subject to change and are, generally, reevaluated every five years. The NWPs below will expire on March 15, 2031:
 

 
For the following Nationwide Permits, consistency review is NOT required AS LONG AS certain conditions are met. Please refer to the Coastal Boundary Map for permits which are conditioned based on their geographic location. These may be subject to change and are, generally, reevaluated every five years. The NWPs below will expire on March 15, 2031:

For the following Nationwide Permits, consistency review is NOT required AS LONG AS the activity would take place OUTSIDE of the New York City Waterfront Revitalization Program. These may be subject to change and are, generally, reevaluated every five years. The NWPs below will expire on March 15, 2031:
 

Questions regarding consistency review may directed to [email protected]

Project sponsors needing federal consistency review must complete and sign the Federal Consistency Assessment Form (FCAF). Sponsors of project in New York City may submit a NYC Consistency Assessment Form (NYC CAF) in lieu of the FCAF. Refer to the Coastal Atlas to determine if the proposed project is located within any DOS-identified Special Management Areas (i.e., Significant Coastal Fish and Wildlife Habitat, Scenic Area of Statewide Significance, or Local Waterfront Revitalization Program) in order to more accurately complete the FCAF.  

• Download FCAF
• Download NYC CAF  

Necessary Data and Information  

All FCAF’s must be accompanied by all “Necessary Data and Information.”  

1. Copy of the application materials for a federal permit, license, or other approval (note NWP exemptions above). In many situations this is the “Joint Application” (if you are applying to the Army Corps of Engineers). Consult the NYS Department of Environmental Conservation at https://www.dec.ny.gov/docs/permits_ej_operations_pdf/jointapp.pdf and https://dec.ny.gov/sites/default/files/2024-01/jntappinstruc.pdf
2. Copy of the completed FCAF which includes a SIGNED consistency certification and WRITTEN ANALYSIS of the proposed activity's consistency with the enforceable State Coastal Policies (for activities within a Regional Coastal Management Program Area, such as the Long Island Sound CMP, or a Local Waterfront Revitalization Program, the enforceable policies are those within the regional or local program). Refer to the Coastal Atlas in order to determine if the proposed activity would be undertaken in or would otherwise affect any of the above regional or local management areas. 
3. Copy of all of the following information: 
   • a detailed description of the proposed activity, its associated facilities and coastal effects; 
   • map(s) showing the specific geographic location of the proposed activity (a location map can easily be printed from the Coastal Atlas); 
   • site map(s) and diagram(s) drawn to scale showing all components of the activity and their location on the site; 
   • recent color photographs of the site showing the existing site in its entirety; 
   • written statement on the purpose and need for the activity; 
   • identification of the owners of the abutting upland properties and underwater lands; 
   • written analysis of alternatives to the proposed activity considered which support the selection of the proposed alternative; and   
   • Any other supporting documentation submitted with the federal application 
4. Copy of the final Environmental Impact Statement, if required by the federal agency or by a state agency having jurisdiction over the proposed activity. 
5. Copies of all applications and related correspondence submitted to involved state agencies for permits, licenses, etc. (e.g., DEC, OGS, SHPO, NYPA, PSC). 
6. Energy facilities subject to Article VII or Article 10 of the New York State Public Service Law must submit all documentation submitted to the Siting Board for its consideration through to the conclusion of its public hearing process.  

DOS can begin its consistency review of the proposed activity once all of the necessary data and information is received. After DOS has reviewed the data and information, the applicant will be notified if any additional information is required in order to assess the consistency of the proposed activity with the NYS Coastal Management Program (CMP).  The biggest single source of delay in processing consistency reviews is applicant failure to provide all the necessary information.    

The bases for consistency reviews conducted by DOS are:   

• The enforceable policies in Part II, Section 6 of the CMP document;  
• The guidelines found in the explanations of those policies; and   
• The management programs for local waterfront revitalization programs or the Long Island Sound Regional Coastal Management Program, which have been approved and incorporated into the State’s CMP.   

During its review, if it appears that a proposal may in some way not be consistent with the CMP, DOS may suggest ways the proposal can be modified to be consistent with the coastal policies.  

For most activities DOS review and decision are completed within thirty days of receipt of a completed consistency certification and all necessary information, but it may take up to six months. Longer review periods are more typical for complicated activities, activities involving coordinated public and interagency reviews, or activities that are the subject of an environmental impact statement. DOS and the applicant may agree to other time frames to accommodate changes in a proposed activity or resolve outstanding issues.  

Once a decision has been made regarding the consistency of the proposed activity, DOS will notify the applicant and the federal agency. If an activity is found by DOS to be inconsistent with the CMP the federal agency cannot proceed to authorize that activity.   

An applicant may appeal a consistency decision by DOS to the U.S. Secretary of Commerce. If the DOS decision is appealed, the federal agency may only approve the activity after the Secretary of Commerce determines that the activity is consistent with the objectives and purposes of the federal Coastal Zone Management Act or necessary in the interest of national security.