Submit Jurisdictional Determination Requests, pre-applications, and interagency meeting requests via the Regulatory Request System rrs.usace.army.mil
Submit Permit Applications, Referrals, and Potential Violations, to cespn-rg-submittal@usace.army.mil
Submit Inquiries, Agency Permits/Certifications, FOIA requests, and Monitoring Reports to cespn-rg-info@usace.army.mil

Regulatory Permits

The Regulatory Program is committed to protecting the Nation's aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps evaluates permit applications for essentially all construction activities that occur in the Nation's waters, including wetlands. Corps permits are also necessary for any work, including construction and dredging, in the Nation's navigable waters. The Corps strives to make its permit decisions in a timely manner that minimizes impacts to the regulated public.

Types of permits: 

   

   


 

How to Apply for a Permit

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 Application Information Needed

Applicants must provide several types of information to enable the Corps to evaluate the proposed project:

  • a signed and completed application form 
  • legible drawings 
  • clear maps and illustrations 

Submit applications to CESPN-RG-Submittal@usace.army.mil

For questions regarding the preparation of an application, please contact our general information line at (415) 503-6795 or e-mail CESPN-RG-Info@usace.army.mil.

   

   

NOTE: Documents must be opened using Adobe Acrobat, it will not open in a web browser, right click the "Application Form" link and select "Save Link As" to download the application. Then go to the folder you downloaded to and open the PDF document. You may need to select "Enable All Features" to view the form in Adobe Acrobat.

Permit Fees

Fees are required for most standard permits. A fee is not charged for transferring a permit from one property owner to another, for verifications under general permits, for letters of permission, or for permits issued to governmental agencies.

The current fee is $10 for a standard permit for a noncommercial activity and $100 for a standard permit for a commercial or industrial activity. The final decision on the basis of a fee (non-commercial versus commercial) is solely the responsibility of the district engineer. Do not send a fee when you submit an application. When the Corps issues a standard permit, you will be notified and asked to submit the required fee through pay.gov at https://www.pay.gov/public/form/start/996412796.

Instructions for paying the fee through pay.gov can be found here

 

Other Resources

   

   

Programmatic Biological Opinion

Statutory Authorities

 Section 404 of the Clean Water Act of 1972

33 U.S.Code § 1344

EPA Overview


Section 404 of the Clean Water Act requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the discharge of dredged or fill material into all waters of the United States, including wetlands.

Discharges of fill material generally include, without limitation: placement of fill that is necessary for the construction of any structure, or impoundment requiring rock, sand, dirt, or other material for its construction; site-development fills for recreational, industrial, commercial, residential, and other uses; causeways or road fills; dams and dikes; artificial islands; property protection or reclamation devices such as riprap, groins, seawalls, breakwaters, and revetments; beach nourishment; levees; fill for intake and outfall pipes and subaqueous utility lines; fill associated with the creation of ponds; and any other work involving the discharge of fill or dredged material.

A Corps permit is required whether the work is permanent or temporary. Examples of temporary discharges include dewatering of dredged material prior to final disposal, and temporary fills for access roadways, cofferdams, storage and work areas.

Additional information can be found at:
33 C.F.R. Part 323 - Permits For Discharges Of Dredged Or Fill Material Into Waters Of The United States

 Section 10 of the Rivers and Harbors Act of 1899

33 U.S. Code § 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

That the creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is hereby prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of War; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor of refuge, or enclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War prior to beginning the same.


Section 10 of the Rivers and Harbors Act of 1899 (RHA) requires authorization from the Secretary of the Army, acting through the Corps of Engineers, for the construction of any structure in or over any navigable water of the United States. Structures or work outside the limits defined for navigable waters of the United States require a Section 10 permit if the structure or work affects the course, location, or condition of the water body. The law applies to any dredging or disposal of dredged materials, excavation, filling, rechannelization, or any other modification of a navigable water of the United States, and applies to all structures, from the smallest floating dock to the largest commercial undertaking.  It further includes, without limitation, any wharf, dolphin, weir, boom breakwater, jetty, groin, bank protection (e.g. riprap, revetment, bulkhead), mooring structures such as pilings, aerial or subaqueous power transmission lines, intake or outfall pipes, permanently moored floating vessel, tunnel, artificial canal, boat ramp, aids to navigation, and any other permanent, or semi-permanent obstacle or obstruction.

Additional information can be found at:
33 C.F.R. Part 322 -  Permits for Structures or Work in or Affecting Navigable Waters of the United States

 

 Section 9 of the Rivers and Harbors Act of 1899

33 U.S. Code § 401 - Construction of bridges, causeways, dams or dikes generally; exemptions

It shall not be lawful to construct or commence the construction of any bridge, causeway, dam, or dike over or in any port, roadstead, haven, harbor, canal, navigable river, or other navigable water of the United States until the consent of Congress to the building of such structures shall have been obtained and until the plans for (1) the bridge or causeway shall have been submitted to and approved by the Secretary of Transportation, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of the Army. However, such structures may be built under authority of the legislature of a State across rivers and other waterways the navigable portions of which lie wholly within the limits of a single State, provided the location and plans thereof are submitted to and approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army before construction is commenced. When plans for any bridge or other structure have been approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army, it shall not be lawful to deviate from such plans either before or after completion of the structure unless modification of said plans has previously been submitted to and received the approval of the Secretary of Transportation or the Chief of Engineers and the Secretary of the Army. The approval required by this section of the location and plans or any modification of plans of any bridge or causeway does not apply to any bridge or causeway over waters that are not subject to the ebb and flow of the tide and that are not used and are not susceptible to use in their natural condition or by reasonable improvement as a means to transport interstate or foreign commerce.


Section 9 of the RHA prohibits the construction of any dam or dike across any navigable water of the U.S. in the absence of Congressional consent and approval of the plans by the Chief of Engineers and by the Secretary of the Army.  Where the navigable portions of the waterbody lie wholly within the limits of a single state, the structure may be built under authority of the legislature of that state if the location and plans or any modification thereof are approved by the Chief of Engineers and by the Secretary of the Army. The instrument of authorization is designated a permit (See .) Section 9 also pertains to bridges and causeways but the authority for issuing permits under Section 9 of the RHA has been given to the U.S. Coast Guard, although a DA permit may be required pursuant to Section 404 of the Clean Water Act if the construction of a bridge over a navigable water requires the discharge of dredged and/or fill material into waters of the U.S.

Additional information can be found at:
33 C.F.R. Part 321 - Permits For Dams And Dikes In Navigable Waters Of The United States

 Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972

33 U.S. Code § 1413


Marine Protection, Research and Sanctuaries Act of 1972 or Ocean Dumping Act requires the issuance of a permit for the transportation of dredged material for the purpose of disposal in the ocean waters.

Regulatory Links

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