The U.S. Army Corps of Engineers, Walla Walla District, (Corps) is issuing this public notice to inform members of the public of Section 404 of the Clean Water Act (33 USC 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403). The Corps administers the permitting process for activities resulting in a discharge of dredged and fill material in waters of the United States under Section 404 and when activities occur over, in, or under a navigable water under Section 10. This public notice explains when the Corps has jurisdiction over work or activities, what types of Department of Army (DA) permits or exemptions are available, and how to apply for those permits.
Specific emphasis is on emergencies and the special processing procedures for emergency activities in response to the December 2025 Flood Events in Northern Idaho, and March 2026 Flood Events in North Central Idaho. The use of emergency procedures for activities in response to these or similar events expires on August 9, 2026.
Per 33 CFR 325.2(e)(4), Division engineers are authorized to approve special processing procedures in emergency situations. An “emergency'” is a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. In emergency situations, the district engineer will explain the circumstances and recommend special procedures to the division engineer who will instruct the district engineer as to further processing of the application. Even in an emergency situation, reasonable efforts will be made to receive comments from interested Federal, state, and local agencies and the affected public. Also, notice of any special procedures authorized and their rationale is to be appropriately published as soon as practicable.
AUTHORITIES: Section 404 of the Clean Water Act (33 USC 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403).
REGULATED WATERS: Under the provisions of Section 404, a DA permit is required for temporary and/or permanent discharges of dredged or fill material into waters of the United States, including wetlands. Generally, DA permits are required under Section 10 for structures and/or work in or affecting navigable waters of the United States. Navigable waters in Northern Idaho include:
- Clark Fork River: Mouth upstream to River Mile 4.0
- Kootenai River: Bonners Ferry to the Canadian border
- Lake Pend Oreille: Albeni Falls Dam to elevation 2062.5 National Geodetic Vertical Datum (NGVD)
- Pack River: Mouth upstream to River Mile 1.5
- Pend Oreille River: Idaho-Washington border upstream to Albeni Falls Dam
EMERGENCY AUTHORIZATION PROCEDURES & PERMIT OPTIONS: Prior to use of emergency procedures, alternative means for authorizing the work will be considered by the district. If you believe your proposed activities may impact waters of the United States, you should contact the Corps as soon as possible so that we can help determine what permitting is appropriate or if a permit is required.
Certain activities do not result in a discharge of dredge or fill material. Clearing and removal of floating debris, such as tree trunks and limbs and trash, from around culverts, bridge crossings, boat docks or retaining walls, does not require a permit provided no material that is removed is placed permanently in a water of the U. S.
Certain activities that result in a discharge of dredge or fill material may not require Section 404 authorization as they are considered exempt activities. Examples of activities meeting an exemption may include maintenance, including emergency reconstruction of recently damaged parts of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures, provided there is no change in the footprint, grades or character of the original features. Exemptions are also available for the construction or maintenance of farm or stock ponds and ditches and construction of temporary sedimentation basins. See 33 CFR 323.4 (https://www.ecfr.gov/current/title-33/section-323.4) for more information.
In many cases, responses to emergency situations that require a Corps permit may be authorized expeditiously through a variety of general permits, including Nationwide Permits (NWPs) and Regional General Permits (RGPs). In the case of emergency situations there are a variety of possible permitting options. Possible permits that might be applicable in emergency situations are:
- NWP 3 - Maintenance
- NWP 13 - Bank Stabilization
- NWP 33 - Temporary Construction, Access, and Dewatering
- NWP 14 – Linear Transportation Projects
- NWP 45 – Repair of Uplands Damaged by Discrete Events
- Individual Permits – Standard Permits or Letters of Permission
If you believe your proposed activities may impact waters of the United States, including wetlands, you should contact the Corps as soon as possible so that we can help determine what permitting is appropriate or if a permit is required.
The Corps can be contacted in emergency situations by phone, email, through the Regulatory Request System, mail or by physically dropping off the documents at a Corps Regulatory office. The contact information for the Coeur d’ Alene Regulatory Office is included at the bottom of this Public Notice. Telephone or verbal contact needs to be followed with some form of written communication. Email, U.S. mail, or other written communication are acceptable.
The following list of required information is intended to give the Corps enough information to make substantive initial comments on the proposed emergency work. This list in not exhaustive and more information may be required. If you are unable to provide all of the below, provide as much information as you can initially and then follow up with the Corps as needed.