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Permit Types

General and Individual Permits and Emergency Permit Procedures

Photo by Jennifer Martin

The USACE, Regulatory Division has two types of Department of the Army (DA) permits: General Permits and Individual Permits.

General Permits

General permits authorize activities that have only minimal individual and cumulative adverse environmental effects. They can be issued for a period of no more than five years.

There are two types permits available for use in the Honolulu District: Nationwide Permits (NWP) and Regional General Permits (RGP).

 

Nationwide Permits

Regional General Permits

Nationwide Permits (NWPs) are issued by the USACE, Regulatory Division on a national basis and are designed to streamline Department of the Army (DA) authorization of projects such as commercial developments, utility lines or road improvements that impact the nation’s aquatic environment. NWPs are proposed, issued, modified, reissued or extended, and occasionally revoked, after the opportunity for public notice and comment. To ensure activities authorized by NWPs cause only minimal adverse environmental effects, the USACE Regulatory Division engineers are authorized to add regional conditions to protect local aquatic ecosystems.

An activity may be authorized under a NWP only if it meets both the national and regional conditions of the specific NWP, including compliance with the Endangered Species Act (see General Condition 18) and the National Historic Preservation Act (see General Condition 20) and any special conditions added by the USACE, Regulatory Division for verification of the requested NWP. If the USACE, Regulatory Division finds that a proposed activity would have more than minimal individual or cumulative net adverse impact on the environment, or may be contrary to the public interest, the proposal would need to be modified to reduce or eliminate those adverse effects, or a Standard Individual Permit may be required. The goal of the USACE, Regulatory Division is to authorize NWP requests within 45 to 60 days after receipt of a complete application. This timeframe may vary depending on the complexity of the project.

Please be advised that all NWPs are subject to NWP General and NWP Regional conditions

See list of Nationwide Permits

A Regional General Permit (RGP) is issued for a specific geographic area by an individual USACE, Regulatory Division District. Each RGP has specific terms and conditions, all of which must be met for project-specific actions to be verified. If a project does not comply with all of the terms and conditions, authorization may be granted by another type of DA permit, however, the process will likely take longer. Therefore, to expedite application review, modifying projects to meet all terms and conditions of the applicable RGP is recommended. The goal of the USACE, Regulatory Division is to authorize RGP requests within 45 to 60 days after receipt of a complete application. This timeframe may vary depending on the complexity of the project.

See list of Regional General Permits

Note: The Corps of Engineers will accept the Nationwide Permit Pre-Construction Notification (PCN) form as an application for any RGP. Some RGP have links to specific application forms which are also accepted.

Apply for either of these permits (Nationwide Permit PCN)

NOTE: If you receive an error message regarding your PDF viewer, right click the "Apply for either of these permits (Nationwide Permit PCN)" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat.

Individual Permits

Individual Permits (IP) are for activities that do not fit the requirements for a Nationwide Permit (NWP) or Regional General Permit (RGP).

There are two types of Individual Permits: Standard Individual Permits and Letters of Permission:

 

Standard Individual Permits

Letters of Permission

A Standard Individual Permit (IP) is required for activities having more than minimal impacts and/or for activities that do not qualify for a NWP or RGP. An important distinction between an IP and a NWP or RGP is the public interest review requirement. NWPs and RGPs undergo public review as part of their development process; therefore, project specific actions can be authorized by NWP or RGP without further public review.

A Standard IP is subject to the public interest review process on a project-specific basis. A public notice will be issued for a Standard IP application to allow federal, state, territorial and local agencies, adjacent property owners and the general public an opportunity to review and comment on the plan or to request a public hearing. Applications involving public notices are typically completed within 120 days. However, some complex activities, issues or legal requirements may require additional review and take more time.

A Letter of Permission (LOP) is a type of Individual Permit (IP) issued through a more streamlined process, where a decision to issue is made within 90 to 120 days. In the Honolulu District, LOPs are for activities subject to Section 10 of the Rivers and Harbors Act only.

A LOP may be issued for Section 10 only projects where proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and isn’t expected to encounter appreciable opposition. These types of projects usually include minor dredging and construction, maintenance, or replacement of piers, mooring buoys, piles, or floats. Compliance reviews under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act still apply for a LOP.

Apply for either of these permits (ENG 4345)

NOTE: If you receive an error message regarding your PDF viewer, right click the "Apply for either of these permits (ENG 4345)" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat.

Emergency and Expedited Permits

The USACE, Regulatory Division characterizes an emergency as a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen and significant economic hardship if no action is taken. In these situations, the District Engineer (DE) can authorize expedited reviews of permit applications.

Before taking any action, you must contact the USACE Regulatory Division if you need to perform emergency work. Contact the USACE, Regulatory Division by phone or email as soon as possible to discuss the situation. The USACE, Regulatory Division, has the responsibility to determine if the proposed work is consistent with the definition of an emergency, whether authorization is needed, and if so, which type of authorization is required. Unauthorized work may be subject to enforcement action.

The USACE, Regulatory Division may not view an action as an emergency if the applicant has known of the deficient condition of the failing structure and has not made reasonable attempts to secure appropriate permits and conduct timely repairs. Emergency declarations by the state, territorial or county government do not mean all repair activities qualify as emergency situations.

All permit reviews, including emergency reviews, require coordination with territorial, state, and federal agencies. In an emergency, reasonable effort will be made to receive comments from interest groups and others who may be affected by the action.