Dude, Where’s My Permit?

The U.S. Army Corps of Engineers, Buffalo District explains the dock permitting process for New York homeowners

You just bought your dream house, right on the lake where your grandfather used to take you fishing all those years ago. It needs a little work, but most importantly, a brand-new dock so you can make new memories with your family for generations to come.

You have a plan, you hire a contractor, you gather the materials. You’re ready to go, right?

Not quite.

You need to make sure your dream dock complies with the Clean Water Act and Rivers and Harbors Act. So, who you gonna call?

Ghostbust—sorry, U.S. Army Corps of Engineers!

A simple private dock may seem like small potatoes, but it may require a permit from the U.S. Army Corps of Engineers.

As USACE regulators, our job isn’t to delay your dream dock, nay-say your bank stabilization, or dash your waterfront home remodel. We just want to ensure your project – big or small – complies with federal law and protects the nation’s aquatic resources.

So how do we do it?

Let’s take a look at the permit process and turn that dream dock into a reality.

You realized you may need a permit.

You sent in the application, included drawings and materials, provided the site location, signed the joint application form, and sent it to USACE. What’s next?

Lucky for you, I’ve been assigned as your project manager.

The first step is determining if a permit is needed and, if so, what permit fits your project.

Many docks may qualify as a non-Pre-Construction Notification (a.k.a. application submission) as long as they fall under the thresholds outlined in Regional General Permit 87-000-1. That’s a mouthful, but essentially if your dock fits within certain parameters, your permit is already issued and you’re good to go!  So, let’s take a look.

Your drawings show a pile-supported, eight-foot-wide, 60-foot-long dock with a 15-by-15-foot boat hoist at the end in Sodus Bay. In this case, as Sodus Bay is a navigable water a permit is needed.

Great news! This dock complies with the general size requirements outlined in Regional General Permit 87-000-1.

Permit approved?

So that’s it, right?

Not so fast.

Now we look at any possible effects your proposed dock may have on endangered species, as required under Section 7 of the Endangered Species Act. This involves coordination with the U.S. Fish and Wildlife Service.

As USACE regulators, we use the Information for Planning and Consultation system provided by USFWS to enter project details and determine if any endangered species or critical habitats could be affected.

Hmm… it looks like the endangered northern long-eared bat is in the vicinity of your proposed dock.

No worries! You noted in your application that no tree clearing is involved with your construction, so we can determine a finding of no effect.

We must be done now, right?

Not yet.

Time to check compliance with other federal regulations administered by state agencies.

New York State and USACE work in tandem to ensure that projects affecting aquatic resources comply with all federal and state regulations.

For your dock, I need to ensure it meets the requirements of the Section 401 Water Quality Certification, National Historic Preservation Act and Coastal Zone Management Act.

I’ve already determined that your proposed project does not result in the discharge of any dredged and/or fill material so, as a result, there is no associated water quality certification needed from New York State Department of Environmental Conservation.

I’ve also confirmed that your project is not located in an archaeologically sensitive area or near any historic properties. That satisfies our requirement with the NHPA, and we don’t need to coordinate with the New York State Office of Parks, Recreation, and Historic Preservation.

As for CZM, the New York Department of State evaluates projects located within the coastal zone. Your dock is in the coastal zone, but it isn’t located within a state designated significant coastal fish and wildlife habitat area or fall within a Local Waterfront Revitalization Program area. That’s good news — we can rely on the blanket approval DOS provided in the regional permit.

Complying with regulations can sound exhausting, but most projects fall under blanket approvals. If not, USACE has procedures in place to efficiently share information and coordinate with the appropriate agencies to ensure compliance.

Phew — that was a lot.

Can we finally issue the permit?

Yes! Luckily, your dock didn’t trigger any additional coordination and complies with all conditions outlined in Regional General Permit 87-000-1.

An official approval letter will be sent, and you can begin construction!

We aim to complete the review of general permits within 60 days of receipt of a complete application.

Remember, our goal is not to burden you — it’s to ensure that reasonable development is balanced with protecting our aquatic resources for generations to come.

So, apply early, ask questions — and remember who to call: USACE!

This article illustrates an example of the regulatory permitting process. Every permit application is different and may result in different outcomes. For more information on the permitting process and USACE’s regulatory program, visit www.lrd.usace.army.mil/wetlands-permits.

The Buffalo District delivers world-class engineering solutions to the Great Lakes Region, the Army and the Nation to ensure national security, environmental sustainability, water resource management, and emergency assistance during peace and war.

For 250 years, the U.S. Army Corps of Engineers has been at the forefront of the nation’s engineering excellence, responding when called. From constructing fortifications during the Revolutionary War, to building the infrastructure that saw America’s strength grow militarily and economically, USACE’s mission has always been to deliver engineering solutions for our nation’s toughest challenges. Learn more at www.usace.army.mil/Home/250th.