PERMIT REQUIREMENTS
Federal, state, and possibly local permits are required for construction in, across, under, or on the banks
of navigable waters of the United States. Federal permits are coordinated by the applicant and the states through
division and district offices of the U. S. Army Corps of Engineers. The authority for the Corps' permit program is
derived basically from two laws: Section 10 of the River and Harbor Act of 1899 and Section 404 of the Clean
Water Act of 1977, as amended. Section 10 of the 1899 Act requires permits for structures and dredging in
navigable waters of the United States, which are those coastal waters subject to tidal action shoreward of the
mean high water line, and inland waters that have been used, are now used, or may be used in the future for
interstate or foreign commerce. In tidal areas, this includes all land below the mean high water line.
On the Great Lakes, permits are required under this section for construction lakeward of the highwater
mark, the definition of which varies from state to state, and often with the federal definition. Where doubt exists,
an appropriate local state agency or Corps district office can provide assistance.
Section 404 of the Clean Water Act mandates a Corps permit for placement of dredged or fill material in
waters of the United States, which includes navigable waters as under Section 10 permits, as well as tributaries
and wetlands adjacent to navigable waters of the United States. Jurisdiction extends inland to the headwaters of
streams at a point where the average flow is five cubic feet per second. Wetlands are defined as "those areas that
are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and than
under normal conditions do support, a prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs and similar areas" [U.S. Army, Corps of
Engineers (1977b)].
A standard application form (ENG Form 4345) must be obtained from the local Corps district office. The
application must include a description of the proposed construction, including "necessary drawings, sketches, or
plans; the location, purpose, and intended use of the proposed activity; scheduling of the activity; the names and
addresses of adjoining property owners; the location and dimensions of adjacent structures; and the approvals
required by other federal, interstate, state or local agencies for the work, including all approvals received or
denials already made" [U.S. Army, Corps of Engineers (1977b)].
Upon the receipt of the application, a public notice inviting comments on the application is normally
issued. The comment period is generally 30 days, although it may be longer or shorter depending on the
circumstances. Applications are generally coordinated with the appropriate federal, state, and local agencies as
well as adjoining property owners sometimes leading to comments that require modification of the original
proposal. Beyond these possible modifications, if the comments received and the study conducted by the Corps
reveal no overriding public interest or environmental problems, the application would then be approved and a
permit issued. Although variations exist, the process normally requires 75 to 90 days for routine applications
Controversial applications can take considerably longer.
The Corps has adopted a number of conditional general permits on a regional and nationwide basis to
reduce red tape and paperwork. No separate application is required for activities where general permits have
been issued. Applicants should check with the local District Engineer to determine if the proposed work is
covered by a general permit and what conditions may apply.
Additional information pertinent to local areas is available -through Corps of Engineers' district offices or
certain state and local agencies. Permit applications should be initialed early to avoid unnecessary delays later.
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