The Corps balance permit decisions by recognizing the essential values of the Nation's aquatic ecosystems to the general public, as well as the property rights of private citizens. During the permit process, the Corps considers the views of other Federal, state and local agencies, interest groups, and the general public. Any proposed activity that may impact jurisdictional waters of the U.S. should be designed to avoid and minimize any disturbance to wetlands, streams, or other aquatic areas within the project area, as much as is practicable before applying for a permit from the Corps. Remaining adverse impacts to the aquatic environment may be offset by mitigation requirements, which may include restoring, enhancing, creating and preserving aquatic functions and values. The Corps strives to make its permit decisions in a timely manner. If impacts to wetlands or any other water of the United States are proposed, apply for a Corps Regulatory permit through the
Regulatory Request System (RRS).
Corps Regulatory Permits
Applications for proposed projects submitted to the Corps will generally fall under one of 3 types of application processes:
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Nationwide Permits are a streamlined series of general permits issued by the Corps throughout the US for minor projects in certain areas. All nationwide permits have general conditions which must be met in order for a project to qualify under the nationwide permit program. Some nationwide permits also require pre-construction notification to the Corps prior to the initiation of any activities.
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Regional Permits are a type of general permit as defined in 33 CFR 322.2(f) and 33 CFR 323.2(n). Regional permits are district and state specific and most require pre-construction notification to the Corps. Regional Permits expand general permitting options for certain areas, work types, and applicants under special conditions.
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Individual Permits are required for projects which do not fall under the criteria for the above general permits. Individual permits require the completion of the Public Notice process, Individual 401 Water Quality Certification, alternatives analysis, and avoidance and minimization considerations. For individual permits, the Corps will issue a Public Notice advising all interested parties of the proposed activity. This Public Notice process helps the Corps to evaluate the probable impact of the project as part of the public interest review.
What should I do if I have questions about which permit my project will fall under?
Set up a Pre-Application Consultation with our office through the
Regulatory Request System (RRS). This consultation can help clear up what the permitting process will look like for your specific project.