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Permit Requirements

Before a permit is issued or verified, the Corps must ensure that we've met all of our obligations under any related federal and state laws. The amount and complexity of any additional information needed depends on the project type and location. This means the Corps may ask for more information from the applicant, or the applicant may need to give more information to another agency. In some cases, it's solely the applicant’s responsibility to obtain other authorizations. When related to the Corps authorization, the Corps will inform you of other agencies’ requirements as soon as possible and work with you to fulfill those requirements as expeditiously as possible.

 

Projects that require a Corps permit only
If your project does not require a permit from the DSL you may complete the application for a Corps permit only.
Corps’ Permit Application

Projects that require Corps Nationwide Permit verification only
If your project does not require a permit from the DSL and you are submitting for potential Nationwide Permit verification, you may complete the Corps-only pre-construction notification form.
Pre-Construction Notification Form (If you receive an error opening in your browser, right-click to save to your computer)

A permit application must include the following drawings in the correct format (see drawing format requirements below):
• Location map
• Site plan
• Cross-section drawings

The Corps may require a  wetland delineation which is document that clearly defines the boundaries of any waters that might be affected. It includes all wetlands, streams and other bodies of water in your project area. Completing a wetland delineation requires expertise and may require professional assistance. Contact your local Corps office for more information on wetland delineations.

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Permit Requirements

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 Alternative Analysis Framework
Alternatives analysis is the process the Corps uses to determine, based upon available information, Whether the proposed project is the least environmentally damaging practicable alternative. An alternative is practicable if it is available to the applicant and is capable of being done after considering costs, existing
technology, and logistics in light of overall project purposes.
 Clean Water Act - § 401 and § 404

Section 401 of the Clean Water Act requires that any applicant for a Federal license or permit to conduct any activity including, but not limited to, the construction or operation of facilities, which may result in any discharge into the navigable waters, shall provide the licensing or permitting agency a certification from the State in which the discharge originates that any such discharge will comply with the applicable provisions of the Clean Water Act.

Section 404 of the Clean Water Act requires approval prior to discharging dredged or fill material into the waters of the United States.

  • Deposition (placement) of fill or dredged material in waters of the U.S. or adjacent wetlands.
  • Site-development fill for residential, commercial, or recreational developments.
  • Construction of revetments, groins, breakwaters, levees, dams, dikes, and weirs.
  • Placement of riprap and road fills.
 Coastal Zone Management Act - § 307
Section 307 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1458(c)), requires the applicant certify that the project is in compliance with an approved State Coastal Zone Management Program and that the State concur with the applicants certification prior to the issuance of a Corps permit.
 Endangered Species Act - § 7

Section 7 of the Endangered Species Act of 1973 (ESA) requires Federal agencies to ensure that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence of any endangered or threatened species, or result in the destruction or adverse modification of their critical habitat. Section 7 outlines the process for interagency coordination by which the Corps consults with the United States Fish and Wildlife Service (USFWS) and/or NOAA Fisheries on a proposed project's potential to affect listed species.

 Magnuson-Stevens Fisheries Conservation Act
Also known as Magnuson Fishery Conservation and Management Act, this law established a 200-mile fishery conservation zone, effective March 1, 1977, and established Regional Fishery Management Councils comprised of Federal and State officials, including the Fish and Wildlife Service. The concept of a fishery conservation zone was subsequently dropped by amendment and the geographical area of coverage was changed to the Exclusive Economic Zone (EEZ), with the inner boundary being the seaward boundary of the coastal States.
 
The Act provides for management of fish and other species in the EEZ under plans drawn up by the Regional Councils and reviewed and approved by the Secretary of Commerce. It provides for regulation of foreign fishing in the management zone under GIFA's (governing international fishing agreements) and vessel fishing permits. It also provides a mechanism for preemption of State law by the Secretary of Commerce.
 
Essential Fish Habitat. One of the required provisions of FMPs specifies that essential fish habitat (EFH) be identified and described for the fishery, adverse fishing impacts on EFH be minimized to the extent practicable, and other actions to conserve and enhance EFH be identified. The MSA also mandates that NOAA Fisheries coordinate with and provide information to federal agencies to further the conservation and enhancement of EFH. Federal agencies must consult with NOAA Fisheries on any action that might adversely affect EFH. When NOAA Fisheries finds that a federal or state action would adversely affect EFH, it is required to provide conservation recommendations.
 National Historic Preservation Act - § 106

Section 106 of the National Historic Preservation Act (NHPA) requires that the head of any Federal department, in this case, the Corps, having authority to license any undertaking shall, prior to the issuance of any authorization, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. Under Section 106 of the NHPA, the Corps is required to consult with the State Historic Preservation Officer (an official appointed in each State or territory to administer the National Historic Program) in order to determine a project's potential to impact resources of historic or cultural significance.

 Pac-SLOPES        

Standard Local Operating Procedures for Endangered Species in the Central and Western Pacific Region (Pac-SLOPES) includes a concise set of guidelines that would be used to determine whether or not proposed actions fit under the programmatic consultation. It also includes implementation procedures that require review and feedback by NMFS Protected Resources Division (PRO) to confirm that the proposed action complies with the programmatic.

 Rivers & Harbors Act 1899 - § 10

Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in or over navigable waters of the United States, or which affects the course, location, condition or capacity of such waters. Typical activities requiring Section 10 permits are:

  • Construction of piers, wharves, bulkheads, dolphins, marinas, ramps, floats, intake structures, and cable or pipeline crossings.
  • Dredging and excavation
  • Artificial reefs

Contact Information

If you have questions regarding the Regulatory program or need assistance in submitting a permit, please contact us at (808) 835-4303, or send an email to CEPOH-RO@usace.army.mil.