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Regulatory: Permits

USACE strives for a fair, flexible, efficient and balanced permit process that protects the nation's aquatic resources while allowing necessary and reasonable development. USACE evaluates permit applications for most activities that occur in the nation's waters and wetlands, including construction or renovation of dams, dikes, piers, and jetties; dredging; discharges of dredged or fill material; and commercial and residential development. USACE primarily issues three types of permits: standard, general, and letters of permission.

Standard Permits

The standard permit process has four general steps:

  • Pre-application/application. A project is identified and the organization undertaking it develops and submits an application. USACE staff provides input as needed on application and review requirements.
  • Public notice and comment. Upon submittal of a complete application, USACE solicits the views of a variety of individuals, agencies and organizations.
  • Evaluation, decision and mitigation. USACE evaluates the application and the public comments and seeks to balance public interest factors and the benefits and detriments of the project. A primary goal of the review process is to minimize the impact of projects on the environment. USACE coordinates with several federal, state and tribal agencies during this process.
  • Monitoring and enforcement. Once a permit has been issued, USACE continues to monitor the project to ensure that the permit's conditions are met.

General Permits

This is the most common type of permit issued by USACE. General permits are issued on a national, regional or statewide basis. They are usually issued quickly because they cover projects that have minimal impact on the aquatic environment. Organizations will often design their project to have limited environmental impact in order to qualify for a quicker decision under the general permit program. Approximately 95% of all USACE regulatory activities are authorized by general permits. Approximately 84% of general permit verifications were issued within 60 days of receipt of a complete application.

Letters of Permission

Another type of individual permit is a letter of permission which also provides for a quick review. It can be used for projects that have no controversy and where a state water quality certification has been issued. Letters of permission are issued quicker than a standard permit, but not as fast as a general permit.

The average time to reach a decision on all types of applications is 30 days. However, there are some cases that will require additional time to resolve, particularly those involving endangered species, historic properties, and environmental concerns. In a typical year USACE makes about 80,000 permit decisions and 50,000 jurisdictional determinations.