Regulatory Division

THE APPLICATION PROCESS

The following general criteria from Section 404(b)(1) of the Clean Water Act will be considered in the evaluation of every application:

  • The relative extent of the public and private need for the proposed activity;
  • The practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed activity; and
  • The extent and permanence of the beneficial and/or detrimental effects which the proposed activity is likely to have on the public and private uses to which the area is suited

APPLICATION PROCEDURE
Below is an outline of the basic application process, based on submission of a typical and complete application:

  • Pre-application consultation – optional
  • Applicant submits Joint Application for Permit to appropriate office
  • Application is received* and assigned to a Project Manger
  • Incomplete applications are returned for correction/completeness
  • Application is reviewed** and assigned an identification number
  • If activities fall within nationwide or regional permit guidelines/categories, permit issued
  • If activities qualify for an abbreviated permit processing, a letter of permission is required
  • If activities require a public notice, within 15 days of receiving all information - Federal, state, local agencies, special interest groups, the general public, etc. are notified via Public Notice Announcement
  • Corps considers all comments received
  • Other federal agencies are consulted, if appropriate
  • Corps may ask applicant for additional information
  • Public hearing held, if needed
  • Corps makes a final decision
  • Permit issued or denied – applicant advised of reason(s)
All applications undergo an evaluation based on a public interest review.  This review assesses the balance between the proposed activity’s need and expected benefits against the probable impacts of the activity/project, taking into consideration all comments received and any other relevant factors. Benefits and detriments are balanced by considering effects on items such as:
  • Conservation
  • Economics
  • Aesthetics
  • General environmental concerns
  • Wetlands
  • Cultural values
  • Flood hazards
  • Flood plain values
  • Food production
  • Navigation
  • Recreation
  • Water supply & conservation
  • Water quality
  • Energy needs
  • Safety
  • Public welfare