The Corps has been involved in regulating activities by others in navigable waterways through the granting of permits since passage of the Rivers & Harbors Act (Section 10) of 1899. At first, this program was meant to prevent obstructions to navigation, although an early 20th century law gave us regulatory authority over the dumping of trash and sewage. Passage of the Clean Water Act (Section 404) in 1972 greatly broadened this role by giving the Corps authority over dredging and filling in the "waters of the United States," including many wetlands.

Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in, over, or under navigable waters of the United States, or which affects the course, location, condition or capacity of such waters. Navigable waters of the United States (33 CFR Part 329) are defined as waters that have been used in the past, are now used, or are susceptible to use as a means to transport interstate or foreign commerce up to the head of navigation. Section 10 and/or Section 404 permits are required for construction activities in these waters.

Typical activities requiring Section 10 permits include:

• Construction of piers, wharves, breakwaters, bulkheads, jetties, weirs, dolphins, marinas, ramps, floats, intake structures, and cable or pipeline crossings.
• Work such as dredging or disposal of dredged material.
• Excavation, filling, or other modifications to navigable waters of the U.S.

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

Waters of the United States (33 CFR Part 328) include essentially all surface waters, including all navigable waters and their tributaries, all interstate waters and their tributaries, all impoundments of these waters, all wetlands adjacent to these waters, and certain isolated wetlands.

The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include tundra, permafrost areas, swamps, marshes, bogs, and similar areas.

Recognizing Wetlands is a brochure containing more information on wetland identification.

The 1987 Wetland Delineation Manual, and the associated regional supplements are the technical resources used to delineate wetlands and specify the criteria for an area to be classified as a wetland.

Typical activities requiring Section 404 permits include:

• Discharging fill or dredged material in waters of the U.S., including wetlands.
• Construction of residential, commercial, institutional or recreational developments.
• Construction of revetments, groins, breakwaters, levees, dams, dikes, and weirs.
• Placement of riprap and road fills.
• Installation of underground utility lines

Certain activities are exempt (33 CFR 323.4) from Section 404 permit requirements.

Section 103 of the Marine Protection Research and Sanctuaries Act requires approval for the transportation of dredged material for the purpose of dumping it in ocean waters.

There are generally two types of activities which require a permit from the Corps of Engineers. The first includes activities within navigable waters. Activities such as dredging, construction of docks and bulkheads and placing aids to navigation require review under Section 10 of the Rivers and Harbors Act of 1899 to ensure that they will not cause an obstruction to navigation. The second part of the program, Section 404 of the Clean Water Act of 1972 regulates activities in waters of the US. A major aspect of the Regulatory program under Section 404 of the Clean Water Act is determining which areas qualify for protection as wetlands. In reaching these decisions, the Corps uses its 1987 Wetland Delineation Manual and associated regional supplements.

The Corps of Engineers issues the following types of permits: Nationwide Permits, General or Regional Permits, Letters of Permission and Standard Permits.

Any person, firm, or agency (including Federal, state, and local government agencies) planning to work in navigable waters of the United States, or discharge (dump, place, deposit) dredged or fill material in waters of the United States, including wetlands, must first obtain a permit from the Corps of Engineers. Permits, licenses, variances, or similar authorization may also be required by other Federal, state and local statutes.

Most permits issued by the Corps of Engineers such as Letters of Permission, Nationwide, and General Permits do not have a permit fee. Standard Permits have fees of $10 for individuals and $100 for businesses, once the permit has been issued and accepted by the permittee. There are no fees charged to other governmental bodies.

Since two to three months is normally required to process a routine application involving a public notice, you should apply as early as possible to be sure you have all required approvals before your planned commencement date. For a large or complex activity that may take longer, it is often helpful to have a "pre-application consultation" or informal meeting with the Corps during the early planning phase of your project. You may receive helpful information at this point which could prevent delays later. When in doubt as to whether a permit may be required or what you need to do, don't hesitate to call a district regulatory office.

It is possible you may not have to obtain an individual permit, depending on the type or location of work. The Corps has many general permits which authorize minor activities without the need for individual processing. Check with your Corps district regulatory office for information on general permits. More information can be found here. When a general permit does not apply, you may still be required to obtain an individual permit.

Performing unauthorized work in waters of the United States or failure to comply with the terms of a valid permit can have serious consequences. You would be in violation of Federal law and could face stiff penalties, including fines and/or requirements to restore the area.

Enforcement is an important part of the Corps regulatory program. Corps surveillance and monitoring activities are often aided by various agencies, groups, and individuals, who report suspected violations. When in doubt as to whether a planned activity needs a permit, contact the nearest district regulatory office. It could save a lot of unnecessary trouble later.

Information about the regulatory program is available from any Corps district regulatory office. You can find the contact information for you local Corps office here. Information may also be obtained from the water resource agency in your state.

Nationwide, only three percent of all requests for permits are denied. Those few applicants who have been denied permits usually have refused to change the design, timing, or location of the proposed activity. When a permit is denied, an applicant may redesign the project and submit a new application. To avoid unnecessary delays pre- application conferences, particularly for applications for major activities, are recommended. The Corps will endeavor to give you helpful information, including factors which will be considered during the public interest review, and alternatives to consider that may prove to be useful in designing a project.

Wetlands are areas that are periodically or permanently inundated by surface or ground water and support vegetation adapted for life in saturated soil. Wetlands include swamps, marshes, bogs and similar areas. A significant natural resource, wetlands serve important functions relating to fish and wildlife; food chain production; habitat; nesting; spawning; rearing and resting sites for aquatic and land species; protection of other areas from wave action and erosion; storage areas for storm and flood waters; natural recharge areas where ground and surface water are interconnected; and natural water filtration and purification functions.

Although individual alterations of wetlands may constitute a minor change, the cumulative effect of numerous changes often results in major damage to wetland resources. The review of applications for alteration of wetlands will include consideration of whether the proposed activity is dependent upon being located in an aquatic environment.

For more information on wetlands see our wetland delineation webpage, the 1987 Wetland Delineation Manual, the Arid West Regional Supplement, the Western Mountains, Valleys and Coast Regional Supplement, or the brochure Recognizing Wetlands.

If your activity is located in an area of tidal waters, the best way to avoid the need for a permit is to select a site that is above the high tide line and avoids wetlands or other waterbodies. In the vicinity of fresh water, stay above the ordinary high water mark and avoid wetlands adjacent to the stream or lake. Also, it is possible that your activity is exempt and does not need a Corps permit or that it has been authorized by a nationwide or regional general permit. So, before you build, dredge or fill, contact the Corps district regulatory office in your area for specific information about location, exemptions, and regional and nationwide general permits

A Nationwide Permit (NWP) is a type of general permit that is issued every five years by the U.S. Army Corps of Engineers (Corps), for specific activities that have no more than minimal individual and cumulative adverse effects to the aquatic environment. There are currently 57 active NWPs, covering a range of activities, including, but not limited to, maintenance, survey activities, structures in navigable waters, bank stabilization, mining activities, renewable energy activities, transportation activities, residential, commercial, recreational and institutional developments, and aquatic habitat restoration, establishment and enhancement activities. On January 13, 2021, the Corps published a notice in the Federal Register (86 FR 2744) announcing the reissuance of 12 NWPs and issuance of 4 new NWPs. In that final rule, the Corps also reissued the NWP general conditions and definitions. Those 16 NWPs and the NWP general conditions and definitions went into effect on March 15, 2021. On December 27, 2021, the Corps published a notice in the Federal Register (86 FR 73522) announcing the reissuance of the remaining 40 existing NWPs and issuance of 1 new NWP. Those 41 NWPs went into effect on February 25, 2022. The NWP general conditions and definitions in the January 13, 2021, final rule apply to all 57 NWPs. All 57 NWPs will expire on March 14, 2026.

A description of each NWP is located here. To qualify for a specific NWP, the proposed activity must meet all of the terms, General Conditions, and Regional Conditions of the NWP, including applicable Water Quality Certification conditions. In many cases, the prospective permittee must submit a pre-construction notification (PCN) to the appropriate District office, for verification, prior to commencement of any construction activities in waters of the U.S. Please contact your local District office with any questions on whether the proposed activity may qualify for a NWP. Contact information for the Sacramento District office nearest you may be found here. It is extremely important that the prospective permittee carefully read and comply with all terms and conditions, including the General Conditions and Regional Conditions, of the NWP. If the prospective permittee is unable to comply with any of the terms and/or conditions of the NWP, they will need to obtain an individual permit (Letter of Permission or Standard Permit) or seek authorization under a Regional or Programmatic General Permit, if available.

Regional Conditions are conditions that are approved by the Division Engineer for use within specific geographic areas. For the Sacramento District, the South Pacific Division (SPD) has approved Regional Conditions for: (1) the State of California; and, (2) the States of Nevada and Utah. The Regional Conditions include requirements for submittal of a PCN and prohibits the use of certain NWPs in specific aquatic resources.

As defined by the NWPs, A PCN is a request submitted by the project proponent to the Corps for confirmation that a particular activity is authorized by NWP. The request may be a permit application, letter, or similar document that includes information about the proposed work and its anticipated environmental effects. A PCN may be required by the terms and conditions of a NWP, or by Regional Conditions. A PCN may be voluntarily submitted in cases where pre-construction notification is not required and the project proponent wants confirmation that the activity is authorized by nationwide permit.

A PCN must be submitted for a proposed activity in the following circumstances:

1. The terms of the NWP require the submittal of a PCN;
2. The Regional Conditions require the submittal of a PCN;
3. You are a non-federal applicant and Federally-listed or candidate threatened and/or endangered species or designated critical habitat is in the vicinity of the proposed activity, or the proposed activity is located in designated critical habitat (see General Condition 18 of the NWPs).
4. You are a non-federal applicant and the activity may have the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties (see General Condition 20 of the NWPs).
5. If an NWP activity requires review by, or permission from, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers (USACE) federally authorized Civil Works project (a “USACE project”) (see General Condition 31)

The Corps’ Regulatory Request System (RRS), a user-friendly and secure, military-owned online portal, is your one-stop shop for submitting requests for pre-application meetings, jurisdictional determinations, and permits.  With RRS, you can also get immediate confirmation of whether a proposed activity does not require a permit, report potential violations, and get information about the Regulatory Program.  RRS replaces paper-based submissions, offering a streamlined process for customers to submit, manage, and monitor the status of their requests.

Information required by General Condition 32(b):

1. Name, address and telephone numbers of the prospective permittee;
2. Location of the proposed activity;
3. Identify the specific NWP or NWP(s) the prospective permittee wants to use to authorize the proposed activity;
4. (i) A description of the proposed activity. The description of the proposed activity and any proposed mitigation measures should be sufficiently detailed to allow the district engineer to determine that the adverse environmental effects of the activity will be no more than minimal and to determine the need for compensatory mitigation or other mitigation measures. For single and complete linear projects, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters.
   1. the activity’s purpose;
   2. direct and indirect adverse environmental effects the activity would cause, including the anticipated amount of loss of wetlands, other special aquatic sites, and other waters expected to result from the NWP activity, in acres, linear feet, or other appropriate unit of measure;
   3. a description of any proposed mitigation measures intended to reduce the adverse environmental effects caused by the proposed activity;
   4. any other NWP(s), regional general permit(s), or individual permit(s) used or intended to be used to authorize any part of the proposed activity or any related activity, including other separate and distant crossings for linear projects that require Department of the Army authorization but do not require pre-construction notification.
5. (ii) For linear projects where one or more single and complete crossings require pre-construction notification, the PCN must include the quantity of anticipated losses of wetlands, other special aquatic sites, and other waters for each single and complete crossing of those wetlands, other special aquatic sites, and other waters (including those single and complete crossings authorized by an NWP but do not require PCNs). This information will be used by the district engineer to evaluate the cumulative adverse environmental effects of the proposed linear project, and does not change those non-PCN NWP activities into NWP PCNs.
6. (iii) Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the activity and when provided results in a quicker decision. Sketches should contain sufficient detail to provide an illustrative description of the proposed activity (e.g., a conceptual plan), but do not need to be detailed engineering plans);
7. A delineation of wetlands, other special aquatic sites, and other waters, such as lakes and ponds, and perennial, intermittent, and ephemeral streams, on the project site. Wetland delineations must be prepared in accordance with the current method required by the Corps. The permittee may ask the Corps to delineate the special aquatic sites and other waters on the project site, but there may be a delay if the Corps does the delineation, especially if the project site is large or contains many wetlands, other special aquatic sites, and other waters. Furthermore, the 45-day period will not start until the delineation has been submitted to or completed by the Corps, as appropriate;
8. If the proposed activity will result in the loss of greater than 1⁄10-acre of wetlands or 3/100-acre of stream bed and a PCN is required, the prospective permittee must submit a statement describing how the mitigation requirement will be satisfied, or explaining why the adverse environmental effects are no more than minimal and why compensatory mitigation should not be required. As an alternative, the prospective permittee may submit a conceptual or detailed mitigation plan.
9. For non-Federal permittees, if any listed species (or species proposed for listing) or designated critical habitat (or critical habitat proposed for such designation) might be affected or is in the vicinity of the activity, or if the activity is located in designated critical habitat (or critical habitat proposed for such designation), the PCN must include the name(s) of those endangered or threatened species (or species proposed for listing) that might be affected by the proposed activity or utilize the designated critical habitat (or critical habitat proposed for such designation) that might be affected by the proposed activity. For NWP activities that require a PCN, Federal permittees must provide documentation demonstrating compliance with the Endangered Species Act;
10. For non-Federal permittees, if the NWP activity might have the potential to cause effects to a historic property listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, the PCN must state which historic property might have the potential to be affected by the proposed activity or include a vicinity map indicating the location of the historic property. For NWP activities that require a PCN, Federal permittees must provide documentation demonstrating compliance with section 106 of the National Historic Preservation Act;
11. For an activity that will occur in a component of the National Wild and Scenic River System, or in a river officially designated by Congress as a ‘‘study river’’ for possible inclusion in the system while the river is in an official study status, the PCN must identify the Wild and Scenic River or the ‘‘study river’’ (see General Condition 16); and
12. For an activity that requires permission from, or review by, the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a U.S. Army Corps of Engineers federally authorized civil works project, the PCN must include a statement confirming that the project proponent has submitted a written request for section 408 permission from, or review by, the Corps office having jurisdiction over that USACE project.

The terms, General Conditions, and Regional Conditions of a NWP apply to one single and complete project. A single and complete linear project is defined by the NWPs as follows:

A linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations. The term “single and complete project” is defined as that portion of the total linear project proposed or accomplished by one owner/developer or partnership or other association of owners/developers that includes all crossings of a single water of the United States (i.e., a single waterbody) at a specific location. For linear projects crossing a single or multiple waterbodies several times at separate and distant locations, each crossing is considered a single and complete project for purposes of NWP authorization. However, individual channels in a braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are not separate waterbodies, and crossings of such features cannot be considered separately.

If the proposed activity is a linear project that would include multiple single and complete projects, the PCN must contain the information identified in General Condition 32 for each single and complete linear project. This information may be consolidated within a single document but must clearly provide all information required for a complete PCN for each single and complete linear project.

In accordance with General Condition 28, the use of more than one NWP for a single and complete project is authorized, subject to the following restrictions:

1. If only one of the NWPs used to authorize the single and complete project has a specified acreage limit, the acreage loss of waters of the United States cannot exceed the acreage limit of the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United States for the total project cannot exceed 1⁄3-acre.
2. If one or more of the NWPs used to authorize the single and complete project has specified acreage limits, the acreage loss of waters of the United States authorized by those NWPs cannot exceed their respective specified acreage limits. For example, if a commercial development is constructed under NWP 39, and the single and complete project includes the filling of an upland ditch authorized by NWP 46, the maximum acreage loss of waters of the United States for the commercial development under NWP 39 cannot exceed 1⁄2-acre, and the total acreage loss of waters of the United States due to the NWP 39 and 46 activities cannot exceed 1 acre.

When requesting authorization for multiple NWPs under one single and complete project, the PCN should clearly identify the acres and linear feet of permanent and temporary effects, including the loss of waters of the U.S., for each NWP activity. Please note also, that in some instances, the use of multiple NWPs may not be necessary. For example, NWP 3 (Maintenance) authorizes temporary structures, fills, and work, including the use of temporary mats, necessary to conduct the maintenance activity. Therefore, NWP 33 (Temporary Access, Construction, and Dewatering) would generally not need to be authorized with NWP 3 activities. Similarly, NWP 29 (Residential Developments), authorizes attendant features, including, but not limited to roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields, and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf course is an integral part of the residential development). Therefore, NWP 12 (Utility Line Activities) would generally not need to be authorized with NWP 29 activities.

The District Regional Conditions include additional PCN requirements for specific NWPs, types of activities, and/or aquatic resources, in order to further minimize effects to waters of the U.S. The submittal of a PCN enables the District to evaluate the proposed activity and ensure that the individual and cumulative effects are no more than minor.

If the proposed activity does not meet one or more of the General or Regional Conditions, then the proposed activity does not qualify for authorization under a NWP. The prospective permittee may choose to modify the proposed activity to meet the terms, General Conditions, or Regional Conditions. However, if the proposed activity if not modified to meet the terms, General Conditions, or Regional Conditions, the proposed activity would need to be evaluated through either a Regional or Programmatic General Permit (RGP or PGP), Letter of Permission (LOP) or a Standard Permit (SP). For more information on RGPs or PGPs, click here. For more information on LOPs, click here , and for more information on SPs, click here.

1. In California: the use of any NWP (except NWPs 3, 6, 16, 20, 24, 27, 37, 38, 52, 53, and 59) authorizing the discharge of dredged or fill material in peatlands containing histosols, including bogs and fens, is prohibited;
2. In Nevada and Utah: The use of NWPs 4, 5, 7, 12 - 15, 17, 18, 21 - 23, 25, 29 – 31, 33, 34, 39 - 51, 57, or 58, authorizing the discharge of dredged and/or fill material in peatlands containing histosols, including bogs and fens, is prohibited; and,
3. In Utah: The use of NWPs 4, 5, 7, 12 - 15, 17, 18, 21 - 23, 25, 29 – 31, 33, 34, 39 - 51, 57, or 58, authorizing the discharge of dredged and/or fill material below the ordinary high-water mark of the Great Salt Lake containing bioherms (microbialites), is prohibited.

The determination to prohibit certain NWP activities within the Sacramento District was made following a review of NWP past use and the functions and services of various aquatic resources.

1. Histosols, fens, bogs and peatlands and in wetlands contiguous with fens: Histosols, fens, peatlands, bogs, and wetlands adjacent to fens have been identified as regionally important aquatic resources in the District. Due to their rarity and difficulty to replace, any work within these areas could result in more than minor individual and cumulative effects.
2. Bioherms (microbialites): Bioherms in the Great Salt Lake have been identified as regionally important aquatic resources in the District. Due to their rarity and difficulty to replace, any work within these areas could result in more than minor individual and cumulative effects.

If a specific NWP activity is prohibited in the project area, the District would determine if the proposed activity qualifies for an alternate NWP. If the proposed activity does not qualify for any other NWPs, the proposed activity must be evaluated through either a Regional or Programmatic General Permit (RGP or PGP), Letter of Permission (LOP) or a Standard Permit (SP). For more information on RGPs or PGPs, click here. For more information on LOPs, click here , and for more information on SPs, click here.

Please see the NWP process flowchart, located here. The NWP verification process is as follows:

1. Perspective permittee submits PCN.
2. PCN is received, is assigned to a project manager, given a file number and entered into the Corps’ database.
3. The project manager evaluates the PCN for completeness. If the PCN is not complete, a request will be sent to the prospective permittee, requesting the additional information necessary to make the PCN complete (this generally occurs within 30 days after receipt). The request will specify what information is needed to make the PCN compete. Additional information will generally only be requested once, but if all of the requested information is not provided, then the project manager will notify the prospective permittee that the PCN is still incomplete and the PCN review process will not commence until all of the requested information has been received.
4. Once the PCN is complete, the project manager will evaluate the PCN to determine if the activity would qualify for a NWP, and if the activity would result in no more than minimal individual and cumulative effects. If it is determined that the proposed activity does not meet the terms and conditions of a NWP, or if it is determined that activity would result in more than minimal effects, the prospective permittee will be notified that the activity cannot proceed under a NWP and will be evaluated under an individual permit.
5. If the activity qualifies for a NWP, a determination will be made on whether the activity will result in effects to Federally listed or candidate threatened and/or endangered species or critical habitat, or if the activity has the potential to cause effects to any historic properties listed on, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties.
6. Consultations and Coordination:
   1. If the activity may affect Federally-listed threatened and/or endangered species, the project manager will initiate consultation with the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) for compliance with Section 7 of the Endangered Species Act. The prospective permittee will be copied on the initiation letter to the USFWS and/or NMFS. Per General Condition 18, the prospective permittee cannot begin the activity until receiving written notification from the Corps that there is “no effect” on listed species or that any consultation required under Section 7 of the Endangered Species Act (see 33 CFR 330.4(f)) has been completed. If the prospective permittee has not heard back from the Corps within 45 days, they must still wait for notification from the Corps.
   2. If the activity would result in adverse effects to areas designated as essential fish habitat (EFH) by the Pacific Fishery Management Council, the project manager will consult with the NMFS as required under Section 305(b)(2) of the Magnuson-Stevens Fishery Conservation and Management Act. If consultation with NMFS is required for compliance with Section 7 of the Endangered Species Act, the consultation for adverse effects to EFH will be conducted concurrently. The prospective permittee will be copied on consultation letters with NMFS.
   3. If the activity has the potential to cause effects to historic properties, the project manager will initiate consultation with the State Historic Preservation Officer (SHPO) for compliance with Section 106 of the National Historic Preservation Act (NHPA). The prospective permittee will be copied on the initiation letter to the SHPO. Per General Condition 20, the prospective permittee cannot begin the activity until receiving written notification from the Corps that there is “no potential to cause effects” on historic properties, or that any consultation required under Section 106 of the National Historic Preservation Act (see 33 CFR 330.4(g)) has been completed. If the prospective permittee has not heard back from the Corps within 45 days, they must still wait for notification from the Corps.
   4. The project manager will coordinate with any affected Tribes, as applicable, to request comments on the proposed activity and any effects on tribal rights (including treaty rights), protected tribal resources, or tribal lands.
   5. In some cases, agency coordination is required per General Condition 32(d). When agency coordination is required, the Corps will immediately provide (e.g. via email, facsimile transmission, overnight mail, or other expedition manner) a copy of the complete PCN to the appropriate Federal or state offices (USFWS, state natural resource or water quality agency, USEPA, and, if appropriate, the NMFS). With the exception of NWP 37, these agencies will have 10 calendar days from the date the material is transmitted to notify the Corps via telephone, facsimile transmission, or email that they intend to provide substantive, site-specific comments. The comments must explain why the agency believes the adverse environmental effects will be more than minimal. If so contacted by an agency, the Corps will wait an additional 15 calendar days before making a decision on the preconstruction notification. For NWP 37, the emergency watershed protection and rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard to life or a significant loss of property or economic hardship will occur. The Corps will consider any comments received to decide whether the NWP 37 authorization should be modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5. Agency coordination is required for the following activities:
      1. All NWP activities that require pre-construction notification and result in the loss of greater than 1/2-acre of waters of the U.S.;
      2. NWP 13 activities in excess of 500 linear feet, fills greater than 1 cy/running foot, or involve discharges of dredged or fill material into special aquatic sites; and,
      3. NWP 54 activities in excess of 500 linear feet, or that extend into the waterbody more than 30 feet from the mean low water line in tidal waters or the ordinary high water mark in the Great Lakes.
7. Following completion of the required consultations or coordination identified in section 17(f) above, OR if it is determined that no consultations or coordination is required, the Corps will complete the review of the proposed activity. In these cases, if the proposed activity meets all terms, General Conditions, and Regional Conditions of the NWP and would result in no more than minimal individual and cumulative adverse environmental effects, the Corps will send a provisional notification letter to the prospective permittee that the proposed activity may be authorized by a NWP once Section 401 Water Quality Certification (WQC), or waiver thereof, is granted and submitted to the Corps. No work may proceed under the authority of any NWP until Section 401 WQC, or waiver thereof, is granted. Once Section 401 WQC or waiver has been obtained, the Corps will send a written verification authorizing the proposed activity to proceed subject to the terms and conditions of the NWP. In the majority of cases, the written verification would include project specific conditions (i.e. special conditions) that must also be followed. If the proposed activity requires permission from the Corps pursuant to 33 U.S.C. 408 because it will alter or temporarily or permanently occupy or use a Corps federally authorized Civil Works project, the activity is not authorized by the NWP until the appropriate Corps office issues the section 408 permission to alter, occupy, or use the Corps project, and the Corps issues a written NWP verification.

If the prospective permittee does not hear back from the District within 30 days after submittal of a PCN, please contact the appropriate office to ensure that the PCN was received. If the PCN was received by the District, and 45 days have passed, and the prospective permittee has not received written verification of the NWP activity, or other notification that the proposed activity may not be authorized under the NWP, the prospective permittee may proceed with the activity under the NWP, except in the following circumstances:

1. If the permittee is required to submit a PCN pursuant to GC18 that listed species or critical habitat might be affected or in the vicinity of the project, or to submit a PCN pursuant to GC 20 that the activity may have the potential to cause effects to historic properties, the permittee cannot begin the activity until receiving written notification that there is “no effect” on listed species or “no potential to cause effects” on historic properties, or that any consultation required under Section 7 of the Endangered Species Act (ESA) and/or Section 106 of the National Historic Preservation Act (NHPA) has been completed (See Compliance with Section 7 of the ESA and Section 106 of the NHPA below for additional information);;
2. If the proposed activity requires a written waiver to exceed specified limits of a NWP, the permittee may not begin the activity until the District issues the wavier; or
3. If, within 45 calendar days of receipt of a complete PCN, the prospective permittee was notified in writing that an individual permit is required, no work may begin until an individual permit is obtained.

Pursuant to GC 25, where the certifying authority (state, authorized tribe, or EPA, as appropriate) has not previously certified compliance of an NWP with CWA section 401, a CWA section 401 water quality certification for the proposed discharge must be obtained or waived (see 33 CFR 330.4(c)). If the permittee cannot comply with all of the conditions of a water quality certification previously issued by certifying authority for the issuance of the NWP, then the permittee cannot begin the activity until individual water quality certification, or waiver thereof, has been obtained and submitted to the District office.

This depends. If the activity was under construction or under contract to begin construction by March 18, 2022, then the prospective permittee has one year (i.e., March 18, 2023) from the expiration date of the NWP to complete the activity. If the activity was not under construction or under contract to begin construction by March 18, 2022, then the NWP verification has expired, and the prospective permittee will need to request verification under the 2021 NWPs. Generally, the submittal of a new PCN will not be required, provided no changes to the activity have been made. However, because modifications have been made to the terms, General Conditions, and Regional Conditions of the 2021 NWPs, the request for re-verification under the 2021 NWPs should contain sufficient information to show that the activity complies with the 2021 NWP terms, General Conditions, and Regional Conditions. If the activity has been modified since the previous authorization, it is likely that a new PCN will be required. If a new PCN or other additional information is required, the project manager will contact the prospective permittee with the additional specific information needed. If the work was “grandfathered”, and is not completed by March 18, 2023, the prospective permittee will need to request verification under the 2021 NWPs.

A NWP verification is generally valid for the length of the NWPs (i.e. March 14, 2026), unless the NWP is modified, suspended, or revoked. However, in rare instances, specific expiration date for construction of the proposed activity may be added to the NWP verification as a special condition, if necessary to ensure the effects of the activity are no more than minimal. If the activity is under construction or under contract to begin construction by the expiration date of the NWP (i.e. March 14, 2026), the prospective permittee will have one year to complete the activities authorized by the NWP (i.e. March 14, 2027).

An activity is authorized under a NWP only if that activity and the prospective permittee satisfy all of the NWPs terms and conditions, including all General Conditions and Regional Conditions. In addition, an activity is authorized under a NWP only if the activity would result in no more than minimal individual and cumulative adverse effects. As identified in the Corps regulations at 33 CFR 330.1(d), if the District Engineer finds that the proposed activity would have more than minimal individual or cumulative net adverse effects on the environment or otherwise may be contrary to the public interest, they shall modify the NWP authorization to reduce or eliminate those adverse effects (e.g. add special conditions to the NWP authorization), or they shall instruct the prospective permittee to apply for a Regional General Permit or an Individual Permit. Additional information on discretionary authority can be found at 33 CFR 330.5(e).

Regional General Permits (RGPs) and Programmatic General Permits (PGP) is a type of general permit developed on a regional basis to avoid unnecessary regulatory control over activities that do not justify individual control or which are adequately regulated by another agency. These permits are issued for a category or categories of activities when:
(a) those activities are substantially similar in nature and cause only minimal individual and cumulative environmental impacts; or
(b) the RGP/PGP would result in avoiding unnecessary duplication of the regulatory control exercised by another Federal, state, or local agency provided it has been determined that the environmental consequences of the action are individually and cumulatively minimal.

The major difference between a RGP and a PGP is that a PGP is founded on an existing state, local or other Federal agency program and designed to avoid duplication with that program.

In order to issue an RGP or PGP, the proposed RGP/PGP must go through a public interest review, including a public notice, and comply with other applicable laws.

A description of each RGP and PGP currently valid within the Sacramento District is located here. In order to qualify for a specific NWP, your project must meet all of the terms and conditions of the RPG or PGP. In some cases, you must submit a permit application to the appropriate District office for verification prior to commencement of any construction activities in waters of the U.S. If you have questions on whether your project may qualify for a NWP, you may contact your local District office for assistance. Contact information on the Sacramento District offices may be found here. It is extremely important that you carefully read and comply with all of the terms and conditions of the RGP and/or PGP. If you are unable to comply with any of the terms and/or conditions of the RGP/PGP, your project does not qualify for authorization under the RGP/PGP, and must be evaluated for authorization under a Nationwide Permit, Letter of Permission or Standard Permit.

RGP 01: Minimal Impact Activities within the Plan Area of the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan: Issued May 4, 2012 and expires May 4, 2017.

RGP 07: Construction and Maintenance of Flood Control Facilities Clark County, Nevada: Issued September 1, 2007, and expires September 1, 2012

RGP 12: Aquatic Habitat Improvement for Stream Channels in Colorado: Issued October 11, 2011, and expires October 11, 2016.

RGP 37: Stream Stabilization Western Colorado: Issued May 1, 2008, and expires May 1, 2013.

PGP 40: Minimal Impact Activities Under the Stream Alteration Program in the State of Utah: Issued January 3, 2011, and expires January 3, 2016.

RGP 57: Projects Beneficial to the Recovery of the Upper Colorado Endangered Fish Species: Issued December 2, 2008, and expires December 2, 2013

RGP 60: Repair and Protection Activities in Emergency Situations: Valid for California, Utah and Nevada; Issued December 2, 2008, and expires December 2, 2013

RGPs and PGPs are issued for no more than 5 years. The time limit for completing an activity under the authority varies per RGP/PGP. Review the applicable RGP/PGP to determine the time limit for completing an activity.

There are no fees associated with the verification of an RGP or PGP.

A Letter of Permission (LOP) is a type of individual permit issued through an abbreviated processing procedure which includes coordination with Federal and state fish and wildlife agencies, and a public interest evaluation, but without the publishing of an individual public notice. The LOP cannot be used to authorize the transportation of dredged material for the purposed of dumping it in ocean waters.

LOPs may be used:

1. In those cases subject to Section 10 of the Rivers and Harbors Act of 1899, when the Corps determined the proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and should encounter no appreciable opposition. Examples of activities that may qualify for a Section 10 LOP include: fixed or floating small private boat docks, private piers, maintenance dredging using existing disposal sites, etc.
2. In those cases subject to Section 404 of the Clean Water Act after:
   1. The district engineer, through consultation with Federal and state fish and wildlife agencies, the Regional Administrator, Environmental Protection Agency, the state water quality certifying agency, and, if appropriate, the state Coastal Zone Management Agency, develops a list of categories of activities proposed for authorization under LOP procedures;
   2. The district engineer issues a public notice advertising the proposed list and the LOP procedures, requesting comments and offering an opportunity for public hearing; and
   3. A 401 certification has been issued or waived and, if appropriate, CZM consistency concurrence obtained or presumed either on a generic or individual basis.

Yes. The Sacramento District has developed Section 404 LOP procedures for activities in California, Nevada and Utah. The Section 404 LOP procedures can also be used to authorize associated Section 10 activities.

In order to apply for a Section 10 only LOP, you must complete and submit a signed Department of the Army (DA) ENG Form 4345, as well as associated drawings of the project. Instructions on how to fill out the ENG Form 4345 can be found here. The Sacramento District has developed a checklist of all information required for a complete application, which can be found here.

If you think that your proposed project qualifies for a Section 404 LOP, the first step is to schedule a pre-application meeting with the Corps. The pre-application coordination should also include the U.S. Environmental Protection Agency (USEPA), the U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), State Historic Preservation Officer (SHPO) and other appropriate state and local resource agencies.

Two weeks prior to the pre-application meeting, you must submit the following information to us and other agencies:

1. A delineation of wetlands and other waters of the U.S. for the proposed activity site;
2. A location map and appropriate aerial and other imagery of the activity site and a vicinity map showing the proposed site and its geographical, physical and environmental context;
3. A complete description of the proposed activity, including as much of the information identified under 33 CFR 325.1(d) “Content of application” as is available, including plan and profile views of the proposed work relative to potential waters of the U.S., showing areas, types and acreages of aquatic resources proposed to be impacted;
4. Draft information, in report form, concerning off-site and on-site practicable alternatives and the relative environmental impacts of those alternatives as compared to the environmental impacts of the proposed activity, in accordance with 33 CFR 325.1 (e) and 323.6 (a). The information must address compliance with the Environmental Protection Agency’s 404(b)(1) Guidelines at 40 CFR part 230, and;
5. An explanation of how impacts associated with the proposed activity are to be avoided, minimized, and compensated for, and a draft compensatory mitigation plan for the impacts and losses of waters of the U.S., in accordance with 33 CFR part 332.

When you are ready to submit a complete LOP application, the following information must be submitted.

1. A cover letter from the applicant requesting an LOP under the Minor Impact LOP procedures for the proposed activity, Referencing the Corps’ identification number and including contact information for the applicant and their designated agents or primary points-of-contact. This must include mailing and e-mail addresses and telephone and fax numbers;
2. A completed Department of the Army Engineering Form 4345, which refers to the Corps’ identification number. Instructions on how to fill out the ENG Form 4345 can be found here. The Sacramento District has developed a checklist of all information required for a complete application, which can be found here;
3. An approved or preliminary Corps’ jurisdictional determination for the activity area, including a copy of the delineation map/drawing;
4. Site location map(s),including the proposed activity (and where appropriate, mitigation) site(s) clearly outlined on USGS 7.5’ quad sheet drawings, with latitudes and longitudes for the site(s), name of the quad sheet(s) and directions to the site, as well as all appropriate aerial and other imagery available.
5. A complete description of the proposed activity, including all of the information identified under 33 CFR 325.1 (d) “Content of application”, including plan and profile views of the proposed work, relative to potential or approved waters of the U.S. (e.g., wetlands and open waters below the Ordinary High Water Mark), showing areas, types and acreages of waters and other aquatic resources to be impacted by the proposed activity. All available drawings must be provided and must show proposed impacts and mitigation and be on appropriately scaled figures, generally 1”=200’ and no larger than ledger (11”x17”) size. Pre-construction, color, ground photographs of the site and representative aquatic resources, taken from appropriate locations that are identified on plan-view drawing(s) or aerials must also be provided;
6. The total area (acreage) and types of aquatic resources to be directly and/or indirectly affected by the proposed activity, the volume (in cubic yards) and type of material to be placed into the aquatic resources., a description of habitat types, including plant communities, within and surrounding the activity site, and a description of how the proposed activity would affect all of the above resources;
7. A description and graphical representation of how impacts to aquatic resources and their functions (e.g., water quality and habitat) have been avoided and minimized to the maximum extent practicable and proposed compensatory mitigation for unavoidable impacts, in accordance with 33 CFR part 332. This must identify all best management practices proposed to be employed before, during and after construction to control siltation and erosion and avoid and minimize impacts to the environment;
8. A description of potential cumulative, secondary and/or indirect impacts to aquatic resources and the human environment in the watershed and vicinity of the proposed activity;
9. Proposed construction schedule;
10. Documentation and record of all pre-application coordination with the District and other agencies (if conducted), including any activity-specific comments or concerns made by each agency, as well as the applicants responses to the comments or concerns. If coordination with any of the other agencies did not occur, the applicant must explain why such coordination was not done and identify potential responses to general agency concerns, if known;
11. Information, in report form, concerning off-site and on-site practicable alternatives and the relative environmental impacts of those alternatives as compared to the environmental impacts of the proposed activity, in accordance with 33 CFR 325.1 (e) and 323.6 (a). The information must address compliance with the Environmental Protection Agency’s 404(b)(1) Guidelines at 40 CFR part 230;
12. A compensatory mitigation plan, in accordance with 33 CFR 332 and the District’s Mitigation and Monitoring Guidelines. If compensatory mitigation is proposed at an approved mitigation bank, the proposed bank and type of credits to be obtained must be identified;
13. Copies of state and local approvals, pending applications or approvals, and any other evidence that the proposed activity has been or is currently being reviewed by the appropriate state and local agencies and is consistent with their land use plans and policies, particularly wetland policies, programs, ordinances and/or laws. For all proposed activities, evidence of application for or issuance of a Section 401 Water Quality Certification or waiver for the proposed activity must be submitted;
14. Three copies of a biological assessment (BA) prepared in accordance with 50 CFR 402 and the District’s requirements for consultations. The biological assessment must include a description of: (1) the action to be considered, (2) the specific area that may be affected by the action, (3) any listed species or critical habitat that may be affected by the action, (4) the manner in which the action may affect any listed species or critical habitat, (5) and an analysis of any cumulative impacts. The BA must identify and include relevant reports, the proposed mitigation plan, and any other relevant available information on the action and its effects on listed species and/or their critical habitat;
15. Two copies of a cultural resources report completed in accordance with the District’s guidelines for compliance with Section 106 of the National Historic Preservation Act of 1966, As Amended”. This must be provided as a separate hardcopy and PDF for confidentiality.

Within 15 days of receipt of an LOP application, we will determine whether the LOP application is complete. If the LOP application is deemed incomplete, you will be notified by letter and/or email that the application is incomplete and what information is still required. You will be given 30 days to provide the requested information. If the information is not received within 30 days, or you do not request an extension, the LOP application will be withdrawn. If the application is withdrawn, once the requested information is received, the application will be re-opened. Unless the proposed project has been modified or substantial time has passed since the request for information was sent, you only need to submit the requested information, not a new LOP application.

If the application submitted is complete, but the Corps determines that the activity cannot be authorized by a LOP, you will be notified within 15 calendar days of the determination and the Corps will proceed to an alternate permitting process (e.g. Nationwide Permit, General Permit or Standard Permit).

If the application is determined to be complete and appears to meet LOP criteria, the District will notify the applicant that the proposed activity is being evaluated for LOP authorization and post the complete application and all appropriate supporting documents to an FTP site within fifteen (15) calendar days. The District will notify the state and Federal coordination agencies via e-mail of the proposed LOP for the activity, and request any comments within fifteen (15) calendar days of such notice. The District will also initiate consultation(s) as necessary with other agencies.

The District will review the comments received and, if otherwise complete (e.g., ESA, EFH, NHPA consultations and 401 Water Quality Certification done), make a determination within 30 calendar days after the close of the comment period as to whether LOP authorization is warranted, and whether special case-specific conditions are needed. If the activity meets the criteria for LOP authorization and would have an overall minimal effect on aquatic resources and the human environment, an LOP will be issued.

The Section 404(b)(1) Guidelines (Guidelines) are regulations developed by the USEPA for the Specification of Disposal Sites for Dredged or Fill Material (40 CFR 230). The Guidelines state that no discharge of dredged and/or fill material shall be permitted if there is a practicable alternative which would have less adverse impacts on the aquatic ecosystem, so long as the alterantive does not have other significant adverse environmental consequences. An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology and logistics in light of the overall project purpose. Practicable alternatives include, but are not limited to: (1) activities which do not involve a discharge of dredged or fill material into WOUS or ocean waters, (2) discharges of dredged or fill material at other locations in WOUS. If it is an otherwise practicable alternative, an area not presently owned by the applicant which could reasonably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity may be considered. In addition, for discharges proposed within special aquatic sites (e.g. wetlands), that do not require access or proximity to or siting within the special aquatic site (i.e. the project is not water dependent), it is presumed that practicable alternatives exist that do not involve special aquatic sites, unless clearly demonstrated otherwise.

On March 31, 2008, the Corps and USEPA issued regulations regarding compensatory mitigation for authorized impacts to waters of the U.S. (Mitigation Rule). The Mitigation Rule is located at 33 CFR 332. Before a permit decision can be made, the Corps must determine the appropriate compensatory mitigation required to off-set the unavoidable loss of waters of the U.S. In order for an application to be deemed complete, you must submit a conceptual compensatory mitigation plan to this office. This plan will be included in the public notice. The Mitigation Rule has a general preference for the use of a mitigation bank, as there are reduced risks, uncertainty and temporal loss of resource functions and services associated with a mitigation bank. However, the Corps must also take into account other factors in determining appropriate compensatory mitigation, including, but not limited to the watershed in which the impacts and compensatory mitigation would occur, adjacent land uses, ecological benefits, cumulative impacts, etc.

Before an LOP can be issued for the proposed project, for compensatory mitigation proposed to be met through the purchase of mitigation bank credits, you must provide the Corps with the name of the mitigation bank proposed to be utilized, as well as the number of credits proposed to be purchased.

Before an LOP can be issued for a proposed project, for compensatory mitigation proposed to be met through permittee responsible mitigation (i.e. on-site or off-site, in-kind or out-of-kind establishment, re-establishment, enhancement, rehabilitation or preservation) you must provide a draft mitigation plan to the Corps for review. After addressing any comments provided by the Corps, you must prepare and submit a final mitigation plan, which must be approved by the Corps before the issuance of an LOP. Click here to learn more about the final mitigation plan.

There are several things that you can do to ensure that the LOP process moves as quickly as possible.

1. Attend a pre-application meeting: Pre-application meetings are extremely beneficial to both you and the Corps. Within the pre-application meeting, the project manager will learn about the project and become familiar with the site. In addition, you will be informed of any concerns that the Corps and other agencies have with the project. This will help you further refine the design of the proposed project.
2. Make sure that the LOP application addresses any concerns raised at the pre-application meeting: If concerns were raised by the Corps and/or other agencies at the pre-application meeting, if those concerns are not addressed within the application they will still exist. One of the best ways to prevent longer processing times of your application is to address the concerns within the submitted LOP application.
3. Ensure that you have avoided and minimized impacts on the aquatic environment to the maximum extent practicable: During the processing of an LOP application, it can take several months to resolve concerns regarding the impacts of a proposed project on the aquatic environment. If you submit an application for a project that has avoided and minimized impacts to the maximum extent practicable, this could substantially decrease processing times.
4. Provide all of the required information for a complete LOP application, including a preliminary or approved jurisdictional determination, a complete mitigation plan, alternatives information, and information regarding compliance with Section 7 of the Endangered Species Act (ESA), Section 106 of the National Historic Preservation Act (NHPA), Section 401 of the Clean Water Act and the Section 404(b)(1) Guidelines with the LOP application: Submittal of all information required for a complete LOP application will allow for faster processing of the application and reduce the likelihood of the Corps requesting additional information. In addition, submittal of information necessary for compliance with Section 7 and Section 106 will enable the Corps to consult with the appropriate agencies in a timely manner.
5. Provide any requested information within 30 days of receipt of the request: In some cases, one month or more of the permitting process is spent waiting for applicants to provide the additional information requested. This slows down the processing of the permit application.
6. Talk to the other agencies: If you know that your proposed project is highly controversial or if other agencies raised concerns during the pre-application meeting, it would likely be beneficial for you to schedule meetings with these entities. These meetings would provide additional information on the project, and may allow for some concerns to be resolved. Resolution of these concerns may assist in decreasing review times.

There are no fees associated with the issuance of an LOP.

Generally, an LOP is valid for 3 to 5 years. In some instances, such as maintenance dredging, the LOP may be valid for up to 10 years. The LOP will specify the expiration date. An authorization or construction period will automatically expire if you fail to request and receive an extension of time, prior to the expiration date. If your LOP will expire and work will not be completed, you must submit a request for an extension of the LOP in writing, at least 30 days prior to the expiration of the LOP. You may choose to submit the request for a time extension sooner than 30 days prior to expiration, particularly if the request would involve additional modifications to the terms and conditions of the authorized work. Please note, however, that a request for a time extension will generally not be considered more than one year prior to the expiration date. The request for a time extension should explain the basis of the request. A request for an extension of time will usually be granted unless the Corps determines that the time extension would be contrary to the public interest.

The LOP describes the authorized activity, the acreage and cubic yards of impacts (if applicable), the purpose of the authorized activity, as well as any special conditions required. If there are any changes to the project, including those associated with a change of use of the project, you must contact the Corps in writing to request a modification to the LOP. Your request should specify which portions of the LOP you are proposing to modify (e.g. project description, expiration date, special conditions), as well as the basis of the request. The request to modify the LOP may be submitted at any time, but must be submitted at least 30 days prior to the expiration date of the LOP. The Corps will review the request and determine whether the proposed modifications are minor, or if the proposed modifications are significant enough to require a new public notice. It is recommended that a request for modification involving more than just a time extension be submitted at least 120 days before the expiration date of the LOP.

A Standard Permit (SP) is one which has been processed through the public interest review procedures, including public notice and receipt of comments. Review through the SP process is done for activities that do not qualify for authorization under a Regional or Programmatic General Permit, Nationwide Permit or Letter of Permission. The impacts associated with an SP are generally greater than the other types of permits. The SP process is the most time consuming and stringent process utilized by the Corps. You will be required to submit more information during the SP process than any other Corps permit process.

A Public Notice is a notice to all adjacent property owners, interested members of the public and Federal, state and local agencies, describing the proposed project under evaluation. The Public Notice provides members of the public a minimum of 15 days to provide comments on the proposal. The Public Notice is part of the public interest review procedures, and all comments that are received are considered during the decision making process.

A complete permit application for an SP involves completing and submitting a signed Department of the Army (DA) ENG Form 4345, as well as associated drawings of the project. Instructions on how to fill out the ENG Form 4345 can be found here. The Sacramento District has developed a checklist of all information required for a complete application, which can be found here.

Within 15 days of receipt of a permit application, we will determine whether the permit application is complete. If the permit application is deemed incomplete, you will be notified by letter and/or email that the application is incomplete and what information is still required. You will be given 30 days to provide the requested information. If the information is not received within 30 days, or you do not request an extension, the permit application will be withdrawn. If the application is withdrawn, once the requested information is received, the application will be re-opened. Unless the proposed project has been modified or substantial time has passed since the request for information was sent, you only need to submit the requested information, not a new permit application.

If the application submitted is complete, within 15 days of receipt of a permit application, we will deem the application complete and issue a public notice on the proposed project.

Yes. Generally within 30 days following the close of the public notice comment period, we will forward the comments to you for review. At this time we may request additional information on the proposed project, and may request that you provide a response to specific comments.

Yes. The information required for a complete application is generally not sufficient to make a permit decision. When the public notice comments are forwarded to you, you will be requested to submit additional information required to make a permit decision. This requested information includes, but is not limited to: information regarding compliance with Section 7 of the Endangered Species Act, information regarding compliance with Section 106 of the National Historic Preservation Act, information regarding the Section 401 Water Quality Certification, information regarding the proposed compensatory mitigation for the project, and alternatives information for compliance with the U.S. Environmental Protection Agency’s (USEPA) Section 404(b)(1) Guidelines.

The Section 404(b)(1) Guidelines (Guidelines) are regulations developed by the USEPA for the Specification of Disposal Sites for Dredged or Fill Material (40 CFR 230). The Guidelines state that no discharge of dredged and/or fill material shall be permitted if there is a practicable alternative which would have less adverse impacts on the aquatic ecosystem, so long as the alterantive does not have other significant adverse environmental consequences. An alternative is practicable if it is available and capable of being done after taking into consideration cost, existing technology and logistics in light of the overall project purpose. Practicable alternatives include, but are not limited to: (1) activities which do not involve a discharge of dredged or fill material into WOUS or ocean waters, (2) discharges of dredged or fill material at other locations in WOUS. If it is an otherwise practicable alternative, an area not presently owned by the applicant which could reasonably be obtained, utilized, expanded or managed in order to fulfill the basic purpose of the proposed activity may be considered. In addition, for discharges proposed within special aquatic sites (e.g. wetlands), that do not require access or proximity to or siting within the special aquatic site (i.e. the project is not water dependent), it is presumed that practicable alternatives exist that do not involve special aquatic sites, unless clearly demonstrated otherwise.

In order to provide for reduced permit processing times, you are encouraged to provide information on alternatives to the proposed project, which would have less adverse impact to the aquatic ecosystem, with the permit application. This information will be needed prior to a permit decision.

On March 31, 2008, the Corps and USEPA issued regulations regarding compensatory mitigation for authorized impacts to waters of the U.S. (Mitigation Rule). The Mitigation Rule is located at 33 CFR 332. Before a permit decision can be made, the Corps must determine the appropriate compensatory mitigation required to off-set the unavoidable loss of waters of the U.S. In order for an application to be deemed complete, you must submit a conceptual compensatory mitigation plan to this office. This plan will be included in the public notice. The Mitigation Rule has a general preference for the use of a mitigation bank, as there are reduced risks, uncertainty and temporal loss of resource functions and services associated with a mitigation bank. However, the Corps must also take into account other factors in determining appropriate compensatory mitigation, including, but not limited to the watershed in which the impacts and compensatory mitigation would occur, adjacent land uses, ecological benefits, cumulative impacts, etc.

Before an SP can be issued for the proposed project, for compensatory mitigation proposed to be met through the purchase of mitigation bank credits, you must provide the Corps with the name of the mitigation bank proposed to be utilized, as well as the number of credits proposed to be purchased. Before an SP can be issued for a proposed project, for compensatory mitigation proposed to be met through permittee responsible mitigation (i.e. on-site or off-site, in-kind or out-of-kind establishment, re-establishment, enhancement, rehabilitation or preservation) you must provide a draft mitigation plan to the Corps for review. After addressing any comments provided by the Corps, you must prepare and submit a final mitigation plan, which must be approved by the Corps before the issuance of an SP. Click here to learn more about the final mitigation plan.

There are several things that you can do to ensure that the permit process moves as quickly as possible.

1. Attend a pre-application meeting: Pre-application meetings are extremely beneficial to both you and the Corps. Within the pre-application meeting, the project manager will learn about the project and become familiar with the site. In addition, you will be informed of any concerns that the Corps and other agencies have with the project. This will help you further refine the design of the proposed project.
2. Make sure that the permit application addresses any concerns raised at the pre-application meeting: If concerns were raised by the Corps and/or other agencies at the pre-application meeting, if those concerns are not addressed within the application they will still exist. One of the best ways to prevent longer processing times of your application is to address the concerns within the submitted permit application.
3. Ensure that you have avoided and minimized impacts on the aquatic environment to the maximum extent practicable: During the processing of a permit application, it can take several months to resolve concerns regarding the impacts of a proposed project on the aquatic environment. If you submit an application for a project that has avoided and minimized impacts to the maximum extent practicable, this could substantially decrease processing times.
4. Provide information regarding Section 7 of the Endangered Species Act (ESA), Section 106 of the National Historic Preservation Act (NHPA), Section 401 of the Clean Water Act and the Section 404(b)(1) Guidelines with the permit application, if possible: Although this information is not required for an application to be deemed complete and a public notice to be issued, submittal of this information with the permit application (or soon after) will decrease processing times. The sooner we receive information on ESA and NHPA, the sooner we can initiate consultation, and the sooner the consultations will be completed. Similarly, the sooner you provide evidence of compliance with Section 401 of the Clean Water Act, the sooner we can make a permit decision. Finally, the sooner you provide information on compliance with the 404(b)(1) Guidelines, the sooner we can coordinate with you to ensure the proposed project is the least environmentally damaging practicable alternative.
5. Provide any requested information within 30 days of receipt of the request: In some cases, one month or more of the permitting process is spent waiting for applicants to provide the additional information requested. This slows down the processing of the permit application.
6. Talk to adjacent property owners, members of the public and other agencies: If you know that your proposed project is highly controversial to the adjacent property owners, members of the public or other agencies, it would likely be beneficial for you to schedule meetings with these entities. These meetings would provide additional information on the project, and may allow for some concerns to be resolved. Resolution of the concerns of the public or other agencies may assist in decreasing review times.

The fees required for and SP are minimal. Collection of the fees is deferred until a decision is made that the proposed activity is not contrary to the public interest. In these cases, a fee of $100.00 will be assessed when the planned or ultimate purpose of the project is commercial or industrial in nature. A $10.00 fee will be charged for permit applications when the proposed work is non-commercial in nature and would provide personal benefits that have no connection with a commercial enterprise. No fee will be charged if the applicant withdraws the application at any time prior to issuance of the permit, or if the permit is denied. No fees will be charged to agencies or instrumentalities of federal, state or local governments. No fees will be charged for time extensions or minor permit modifications. Any permit modification significant enough to require publication of a public notice will require the same fees identified above (e.g. $100.00 for commercial/industrial projects, $10.00 for private projects).

Generally, an SP is valid for 3 to 5 years. In some instances, such as maintenance dredging, the permit may be valid for up to 10 years. The permit will specify the expiration date. An authorization or construction period will automatically expire if you fail to request and receive an extension of time, prior to the expiration date. If your permit will expire and work will not be completed, you must submit a request for an extension of the permit in writing, at least 30 days prior to the expiration of the permit. You may choose to submit the request for a time extension sooner than 30 days prior to expiration, particularly if the request would involve additional modifications to the terms and conditions of the authorized work. Please note, however, that a request for a time extension will generally not be considered more than one year prior to the expiration date. The request for a time extension should explain the basis of the request. A request for an extension of time will usually be granted unless the Corps determines that the time extension would be contrary to the public interest.

The Corps permit describes the authorized activity, the acreage and cubic yards of impacts (if applicable), the purpose of the authorized activity, as well as any special conditions required. If there are any changes to the project, including those associated with a change of use of the project, you must contact the Corps in writing to request a permit modification. Your request should specify which portions of the permit you are proposing to modify (e.g. project description, expiration date, special conditions), as well as the basis of the request. The request to modify the permit may be submitted at any time, but must be submitted at least 30 days prior to the expiration date of the permit. The Corps will review the request and determine whether the proposed modifications are minor, or if the proposed modifications are significant enough to require a new public notice. It is recommended that a request for modification involving more than just a time extension be submitted at least 120 days before the expiration date of the permit.

Compensatory mitigation involves actions taken to offset unavoidable adverse impacts to wetlands, streams and other aquatic resources authorized by Clean Water Act section 404 permits and other Department of the Army (DA) permits. As such, compensatory mitigation is a critical tool in helping the federal government to meet the longstanding national goal of ‘‘no net loss’’ of wetland acreage and function. For impacts authorized under section 404, compensatory mitigation is not considered until after all appropriate and practicable steps have been taken to first avoid and then minimize adverse impacts to the aquatic ecosystem pursuant to 40 CFR part 230 (i.e., the CWA Section 404(b)(1) Guidelines).

Compensatory mitigation is required in order to offset the unavoidable loss of functions and services of waters of the U.S. There are many types of compensatory mitigation:

1. Establishment (creation): The manipulation of the physical, chemical, or biological characteristics present to develop an aquatic resource that did not previously exist at an upland site. Establishment results in a gain in aquatic resource area and functions.
2. Re-establishment: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and functions.
3. Enhancement: The manipulation of the physical, chemical, or biological characteristics of an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.
4. Rehabilitation: The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in aquatic resource area.
5. Preservation: the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes activities commonly associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic resource area or functions.

Compensatory mitigation may be accomplished through permittee-responsible compensatory mitigation, payment into an in-lieu fee fund, or purchase of credits from a Corps approved mitigation bank. Compensatory mitigation may be either in-kind or out-of-kind. In-kind mitigation would occur if impacts to forested wetlands were being compensated through the creation of forested wetlands. Out-of-kind mitigation would occur if impacts to forested wetlands were being compensated through the creation of non-forested wetlands.

The Corps makes a final determination of the appropriate compensatory mitigation required in order to ensure no net loss of aquatic resources functions and services. In making a determination on the appropriate type and amount of compensatory mitigation, we will perform an evaluation, commensurate with the level of impacts, of your proposed mitigation plan. We will compare functions and services of the aquatic resource to be lost to the functions and services of the proposed compensatory mitigation aquatic resource. We will also consider any temporal loss of aquatic resource area or function, difficulties in replacing the aquatic resource, location of the impact vs. compensatory mitigation area, and whether the proposed compensatory mitigation is in-kind or out-of-kind.

The type of compensatory mitigation that should be proposed will depend on a variety of factors, including the type of aquatic resource proposed to be impacted, the cumulative impacts of the area, the location of available mitigation sites, etc. Generally, Corps regulations at 33 CFR 332 have a preference for the use of mitigation banks and in-lieu fee programs for compensatory mitigation, due to reduced risk, uncertainty, and temporal loss of establishing resource functions and services. However, the regulations also state, whenever possible, compensatory mitigation should be located within the same watershed as the impact site. There is not one type of mitigation that is appropriate for all projects. When developing your proposed compensatory mitigation plan, please refer to 33 CFR 332 for guidance.

The Regulatory In-lieu Fee and Bank Information Tracking System (RIBITS) provides the most up-to-date information on Corps approved mitigation banks and in-lieu fee programs. RIBITS is available to the public and you do not have to become a member or login to access this site.

The determination on the appropriate amount and type of compensatory mitigation is based on numerous variables, and is designed to ensure no net loss of aquatic resources functions and services. Although in some cases we may determine that the compensatory mitigation plan proposed with the permit application is appropriate to meet this goal, in other cases we may determine that additional compensatory mitigation is necessary. If you have concerns regarding any of the requirements for compensatory mitigation, please contact your local Corps district office.

The requirements for a complete MMP and/or OMP can be found within the Corps’ regulations at 33 CFR 332 and within the December 30, 2004 Mitigation and Monitoring Proposal Guidelines, issued by the Sacramento and San Francisco Districts. If you have any questions regarding the completion of the MMP or OMP, please contact your local Corps district office.

An aquatic resources delineation (e.g. wetland delineation, stream ordinary high water mark delineation, etc.) is used to determine the extent and location of aquatic resources within a review area. Aquatic resources delineations reaches no conclusions concerning jurisdiction. An approved jurisdictional determination identifies which of these aquatic resources fall within the jurisdiction of the Clean Water Act or the Rivers and Harbors Act, or both. (The process for determining what is a navigable water of the United States pursuant to the Rivers and Harbors Act is usually referred to as a navigation study or a report of findings and follows the process laid out in 33 CFR Sec. 329.14). A jurisdictional determination often includes or references an aquatic resources delineation but it is important to understand that these are two separate things. The optional preliminary jurisdictional determination also includes or references an aquatic resources delineation but unlike an approved jurisdictional determination, a preliminary jurisdiction determination is advisory in nature, providing written indication that there *may be* waters of the United States present. (See 33 CFR Sec. 331.2 and RGL16-01).

A wetland is a type of aquatic resource. The U.S. Army Corps of Engineers uses a wetland delineation to determine the extent and location of wetlands within a review area. The process for wetland delineations is detailed in the Corps of Engineers Wetlands Delineation Manual (TR-87-1) and its regional supplements. The 1987 Wetland Delineation Manual and its regional supplements are available on Headquarters’ website at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/. The Sacramento District has provided additional clarification of what a Delineation Report should contain in its 2016 Minimum Standards for Acceptance of Aquatic Resource Delineation Reports (available at http://www.spk.usace.army.mil/Portals/12/documents/regulatory/jd/minimum-standards/Minimum_Standards_for_Delineation_with_Template-final.pdf).

No. Upon request, the Corps will perform the delineation. However, due to limited resources it may be several months before we can conduct the delineation. Hiring a consultant is entirely up to you but it may speed the process.

An approved jurisdictional determination (AJD) is a definitive, official determination that there are, or that there are not, jurisdictional aquatic resources on a parcel. The identification of the geographic limits of jurisdictional aquatic resources on a parcel can only be made by means of an AJD (See 33 CFR Sec. 331.2 and RGL 16-01).

Determining what is or is not a water of the U.S. within a review area is a two-step process. First, we need to figure out the location and extent of aquatic resources within the review area through an aquatic resources delineation. Second, we need to determine which of the delineated aquatic resources are within the jurisdiction of the Clean Water Act or the Rivers and Harbors Act. (See “What is the difference between an aquatic resources delineation and a jurisdictional determination?”). An Approved Jurisdictional Determination (AJD) is required to definitively determine the extent of waters of the U.S. and is generally used to disclaim jurisdiction over aquatic resources that are not waters of the U.S., in cases where the review area contains no aquatic resources, and in cases when the recipient wishes to challenge the water of the U.S. determination on appeal. Either an aquatic resources delineation, verified by the Corps, or a Preliminary Jurisdictional Determination (PJD) may be used when the recipient wishes to assume that aquatic resources are waters of the U.S. for the purposes of permitting. In some circumstances an AJD may require more information, a greater level of effort, and more time to produce. See also Recognizing Wetlands.

An approved jurisdictional determination (JD) is an official Corps determination that jurisdictional “waters of the U.S.” or “navigable waters of the U.S.,” or both, are either present or absent on a particular site. A jurisdictional determination includes an aquatic resources delineation but it is important to understand that these are two separate things. The aquatic resources delineation identifies the limits of the aquatic resources while the jurisdictional determination identifies which of these aquatic resources fall within the jurisdiction of the River and Harbors Act or the Clean Water Act

A preliminary JD is a written indication that there may be waters of the United States, including wetlands, on a parcel or indications of the approximate location(s) of waters of the United States or wetlands on a parcel. Preliminary JDs are non-binding and advisory in nature, and cannot be appealed. (See 33 CFR 331.2).

An Approved Jurisdictional Determination (AJD) is required to definitively determine the extent of waters of the U.S. and is generally used to disclaim jurisdiction over aquatic resources that are not waters of the U.S., in cases where the review area contains no aquatic resources, and in cases when the recipient wishes to challenge the water of the U.S. determination on appeal. An approved JD is appealable.

Most permitting done today in the Sacramento District uses an aquatic resources delineation verified by the Corps and does not require either a preliminary or an approved jurisdictional determination (See “No JD Whatsoever” RGL 16-01).

That depends a great deal on your needs. For permitting purposes all the Corps needs is an aquatic resources delineation verified by the Corps. However, if you want the Corps to make a definitively determination that there are no waters of the U.S. or no navigable waters of the U.S. in a review area then you’ll need an AJD (even if there are no aquatic resources at all in the review area). If you think that certain aquatic resources are not waters of the U.S. or navigable waters of the U.S. the only way the Corps can disclaim jurisdiction is with an AJD. We recommend that you fill out the Request for Aquatic Resource Delineation or Jurisdiction Determination and send it in. A Regulatory Project Manager will contact you to let you know what your options are to help you decide what type of product fits your needs (See RGL 16-01).

You may request that we conduct an approved JD at any time before impacts to the aquatic resources occur even if you initially requested an aquatic resources delineation verification or a preliminary jurisdiction determination.

A wetland delineation must be conducted in accordance with the 1987 Wetland Delineation Manual and its regional supplements, which, for the Sacramento District, includes the Arid West Regional Supplement and/or the Western Mountains, Valleys and Coast Regional Supplement. The 1987 Wetland Delineation Manual and its regional supplements are available on HQ’s website at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/reg_supp/.

During a wetland delineation, you will examine the hydrology, vegetation and soils within a particular study area. Under normal circumstances, if an area displays wetland hydrology, hydrophytic vegetation and hydric soils, that area is a wetland. In addition, you will also survey the site to determine if other waters of the U.S. are present (e.g. lakes, rivers, oceans, streams, ponds, etc.). Other waters of the U.S. can be delineated by locating their Ordinary High Water Mark (OHWM) or in tidal waters identifying the High Tide Line. The OHWM is defined in 33 CFR Part 328.3 as the line on the shore established by fluctuations of water and indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of the soil, destruction of terrestrial vegetation, or the presence of litter and debris. The U.S. Army Engineer Research and Development Center (ERDC) has produced a considerable library of technical reports to assist with the delineation of the OHWM. The High Tide Line means the line of intersection of the land with the water’s surface at the maximum height reached by a rising tide (33 CFR Sec. 328.3(c)(4), 85 FR 22338, April 21, 2020; 33 CFR Sec. 328.3(d), 51 FR 41251, November 13, 1986).

After the survey is complete, all aquatic resources, including wetlands and other waters, should be identified on a map and described in a wetland delineation report, which meets the Sacramento Districts Minimum Standards for Acceptance of Aquatic Resources Delineation Reports. Please submit delineation reports and requests for verification or jurisdictional determinations electronically using the district’s paperless submittal instructions.

Identification of wetland hydrology within the Arid West region can be difficult, particularly during the summer, when the majority of aquatic resources do not contain water. In cases where there is not a direct observation of surface water or saturated soils, you must examine the area for primary or secondary indicators. The presence of one primary indicator or two secondary indicators is sufficient to conclude that wetland hydrology exists. Examples of primary and secondary indicators include but are not limited to: surface soil cracks, inundation available on aerial photography, water stained leaves, water marks, sediment deposits, drainage patterns, hydrogen sulfide odor, oxidized rhizospheres along living roots, and shallow aquitard. For a complete list of primary and secondary hydrology indicators, review the 1987 Wetland Delineation Manual, and the Arid West Regional Supplement and/or the Western Mountains, Valleys and Coast Regional Supplement.

The identification of hydrophytic vegetation must be conducted as described in the 1987 Wetland Delineation Manual, and the Arid West Regional Supplement and/or the Western Mountains, Valleys and Coast Regional Supplement. Consult the National Wetland Plant List for the most up to date indicators; the NWPL is updated approximately every other year (wetland-plants.usace.army.mil).

Indicators of hydric soils varies depending on the location of the proposed project area and the types of soils that occur within the study area. Some examples of hydric soil indicators include, but are not limited to: histosols, histic epipedon, hydrogen sulfide odor, stratified layers, sandy gleyed matrix, sandy redox, loamy mucky mineral, depleted matrix, and red parent material. For a complete description of hydric soil indicators, review the 1987 Wetland Delineation Manual, and the Arid West Regional Supplement and/or the Western Mountains, Valleys and Coast Regional Supplement. The Corps uses the *Field Indicators of Hydric Soils* published by the National Technical Committee for Hydric Soils. The *Field Indicators of Hydric Soils* were incorporated into the regional supplements but have since been updated. For the most recent version of visit https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/.