U.S. Army Corps of Engineers Nationwide Permits
For projects that qualify, the U.S. Army Corps of Engineers (USACE) is implementing the Nationwide Permits (NWPs) for Section 10 and Section 404 authorizations in Massachusetts, replacing the Massachusetts General Permits. Section 10 covers structures or work in or affecting navigable waters of the United States, and Section 404 covers discharges of dredged or fill material into the waters of the United States. The new NWPs go into effect on March 15. As part of CZM’s federal consistency review, projects within the Massachusetts coastal zone or projects that will have reasonably foreseeable impacts on coastal zone resources or uses that require Section 10 and/or Section 404 authorizations are reviewed for consistency with CZM’s enforceable policies.
Like other federal actions likely to impact the Massachusetts coastal zone, CZM performed federal consistency review on the USACE NWPs proposal and provided a conditional concurrence on the NWPs. This CZM decision (PDF, 219 KB) outlines the project thresholds that, if exceeded, require CZM to be notified of the project, the notification process applicants should follow, and the necessary data and information that should be included in the notification.
Please see this informational webinar for more information on the CZM process under the NWPs. The webinar provides an overview of federal consistency review and the CZM review process under the NWPs.
How to determine if your project requires notification to CZM under the NWPs
The CZM conditional concurrence decision (PDF, 219 KB) provides the information needed to determine if a project applying for Section 10 and/or Section 404 authorization under the NWPs requires notification to CZM. It includes a detailed description of thresholds related to resource area impacts, project size, project location, and other factors.
Automatic notification to CZM is required for:
- NWP Pre-Construction Notification (PCN) - Any project in the coastal zone that triggers the submission of a PCN under the NWPs.
- Salt Marsh or Tidal Vegetated Shallows - Any project wholly or partially located in saltmarsh or tidal vegetated shallows.
- Tide Gates - Any project proposing a new tide gate.
The CZM conditional concurrence decision (PDF, 219 KB) also identifies thresholds by NWP permit type that, if exceeded, require notification to CZM.
Please note: Projects that are considered non-reporting by USACE under the NWPs may still require notification to CZM if any of the thresholds identified in the CZM conditional concurrence are exceeded.
How to Notify CZM
A Section 10 and/or Section 404 applicant proposing work that exceeds any threshold set out in the conditional concurrence must notify CZM of their proposed project.
Notification shall be provided via email to the CZM Federal Consistency General Inbox at czm.fedcon@mass.gov. Notification to CZM may be made at any time but shall be made no later than the date when the applicant submits to USACE for Section 10/404 approval.
Projects that require notification to CZM shall include at least the following information:
- A description of the proposed project, including resource area delineations, preferably illustrated with map(s) and site plan(s) depicting both existing and proposed conditions, and an analysis and quantification of the temporary and permanent impacts of the project on the resource areas.
- A copy of the Section 10/404 application.
- The Massachusetts Environmental Policy Act (MEPA) number, if applicable.
- A copy of the Section 401 permit or permit application, if applicable.
- A copy of the Chapter 91 Waterways license or application, if applicable. Additionally, any previous authorizations for the project or structures on the project site should be provided.
- A description of the proposed activities associated with the project, the coastal effects, and any information relied upon by the applicant to develop project design and permit applications. Maps, diagrams, and technical data may be submitted when a written description alone will not adequately describe the proposed project.
- A copy of the latest design plans developed for the project.
- Any other information that CZM may require to determine if federal consistency review is required.
CZM Review
CZM will determine whether the notification is complete within 7 days. If a notification is incomplete, CZM will respond to the applicant with additional information needed for a complete notification. CZM will then respond to the applicant within 14 days after a determination that the notification is complete unless another date is agreed to with the applicant. The response will indicate that: (i) federal consistency review is not required; (ii) federal consistency review is required; or (iii) additional consultation is required to determine whether federal consistency review will be required. Where additional consultation is required, CZM will work with the applicant to reach a final resolution within a reasonable time. A CZM determination that federal consistency review is not required (or completion of federal consistency review, as applicable) is required prior to the start of work.
Contact Information
Please submit NWP CZM notifications to czm.fedcon@mass.gov.
For questions or to check on the status of your submission, contact the CZM Project Review Coordinator, Sean Duffey, at sean.duffey@mass.gov.