Let's say you have a property where you would like to build something... Read More
Charleston District Regulatory Division recognizes that conditions... Read More
successfully completed the long term erosion control project... Read More
The first tap was turned at the Lake Marion Regional Water Treatment Plant on April 28... Read More
The (ASBPA) named the top seven restored beaches for 2007 .... Read More
With a marked decline in insurgent activity in recent months, Fallujah is on the road... Read More
The Charleston Technical Services Division is partnering with the (DoE)... Read More
The Wetland Jurisdictional Determination and Permit Process
Are you building something on your property?
Let's say you have a property where you would like to build something... maybe a home or a business. We'll refer to this as your project. When deciding where to locate your project, including the building itself and your driveway or parking areas, you will need to know whether there are streams and/or wetlands on the property. If there are, you will need to delineate their boundaries. Then you will need to contact the Corps of Engineers to get a Jurisdictional Determination to review the delineation. Now that you know where wetlands are located, you can determine if you can avoid any wetland impacts. If not, you will need to know which permits are required by the Corps of Engineers (your federal permit agency) to build the project.
How do I know if there are any streams and/or wetlands on the property?
Streams are usually pretty easily recognized, especially when they carry a continuous and noticeable flow of water. Since streams function to drain upstream areas and contribute their flow to downstream waters, all streams, rivers, creeks, canals, etc. can be collectively referred to as tributaries. Smaller tributaries may not carry water all year round, and may be difficult to distinguish from swales and other runoff features that are not actually tributaries.
In addition to tributaries, there may be wetlands on your property. Wetlands are sometimes easy to recognize. For example, if you live next to a tidal marsh then you are familiar with the open expanses of marsh grasses that extend from the upland of your back yard all the way out to open water. Perhaps you live next to a swamp - literally a flooded forest- where you see tall cypress and gum trees with their cypress knees and enlarged trunks. These are easily identified as wetlands.
Other wetlands can be more difficult to distinguish from the surrounding uplands, such as wet pine forests where the soils are poorly drained and may remain moist most of the year, but still do not hold standing water like the swamps mentioned above.
How do I delineate the boundaries of streams and/or wetlands?
The first step toward a jurisdictional determination is to delineate the boundaries of any wetlands and streams on the property. Property owners are encouraged to seek professional assistance with the delineation. (A list of professional wetland consultants is provided on this web site.) This makes the process of identifying any wetlands on your property, as well as locating and flagging their boundaries much easier and faster. Delineating boundaries can be as simple as using brightly colored flagging tape or other easily visible markers placed at intervals along the edge (or boundary) of the wetland.
After "flagging the wetland boundary" in the field, it is then customary to produce a drawing or sketch on paper showing your entire property and the location and shape of all the areas that have been flagged (delineated) by you. This combination of flagging in the field and accompanying drawing can then be used in coordinating with the Corps of Engineers to have the delineation reviewed and verified for accuracy.
Knowing the location of wetland boundaries from the delineation can be very useful to you. With this knowledge you can design your project to avoid any proposed construction in wetlands, thereby minimizing ecological effects, reducing your flood risk as well as building costs, and avoiding the need for environmental permits from the Corps of Engineers.
How do I contact the Corps to get a Jurisdictional Determination?
A Jurisdictional Determination or JD is the task performed by the Corps of Engineers, at your request, to review and perhaps help you improve the accuracy of, your delineation. A JD is a letter (a legal document) issued to you by the Corps that explains that the Corps has reviewed your wetland delineation and has determined that the boundaries you have drawn are reasonably accurate. A Jurisdictional Determination is typically valid for five years, as will be indicated in the JD letter. The required Request For Jurisdictional Determination form is available on this site and is a fairly user-friendly way to ask the Corps for a JD.
How long does it take to get a Jurisdictional Determination?
When a Request For JD is received, it is logged in and distributed to the Corps regulator who will work with you to get the task accomplished. Generally, requests are processed in the order in which they are received, assuming the request contains all the information needed to complete the JD.
The average time to process a JD request has historically been about 4-6 weeks and is based on the receipt of approximately 2,500 requests per year shared by about 23 biologists/regulators. However, between June 2006 and June 2007 we were unable to process JD requests involving wetlands (JD requests for navigable waterways continued to be processed). This lengthy delay was due to recent legal challenges to federal jurisdiction. In June of 2007, this delay was resolved with guidance issued jointly from the U.S. Army Corps of Engineers and the Environmental Protection Agency in Washington, DC on how to determine jurisdiction in compliance with the court case. Since then we have been working very hard to get the backlog of requests caught up so we can return to the 4-6 week turnaround time. The current turnaround time is longer, and is averaging about 12 weeks due to the additional data required to complete one of these calls and the coordination requirements with headquarters.
What if my project cannot avoid all wetland impacts?
Let’s say that despite all your best efforts to identify and avoid wetlands, the necessary size or shape of your project will require encroachment into a wetland area. Maybe your access road needs to cross a small stream, or because of business ordinances you are required to have a certain minimum number of parking spaces to accommodate expected customer volume. What permission do you need to construct in wetlands?
The Corps of Engineers is the federal agency that reviews applications for placing fill, excavating or dredging, and using earth-moving equipment to clear land in wetlands and navigable waterways. If your proposed activity includes any of these types of wetland involvement, you will likely need a Department of the Army Permit before you can do the work. Other state permits may also be required, and you will probably want to consult the South Carolina Department of Health and Environmental Control (SCDHEC) to learn their requirements.
Following the Jurisdictional Determination described above, your next action is to submit a permit application to the Corps. The federal permit application form is available on this site and can be printed for your use. While the form itself is only two pages in length, it is very important that the information you provide is complete and accurate. Information you provide will be used to determine what type of permit your work requires, and importantly, cannot be issued to you until all project information is complete.
What Are the Different Types of Permits?
In general, there are three types of permits issued by the Corps, depending on the nature and complexity of the proposed work.
1) Nationwide Permit
Projects which are relatively routine and are minor in nature may qualify for a Nationwide Permit. Nationwide Permits cover specific construction activities such as installing culverts for a small road crossing, or for using rip rap to stabilize a stream bank to prevent erosion. Presently, there are 49 Nationwide Permits issued to the public for various activities like those described above. In each case, there are specific thresholds regarding area and/or volume of impact that can result from the project, and each Permit includes a set of General and Regional Conditions to which the work must conform. If your proposed work qualifies for use of a Nationwide Permit, the Corps will help verify this and will issue you an authorization to use the Permit. Projects which qualify for Nationwide Permits are automatically authorized 45 days after a complete application has been received by the Corps; the Corps' intent is to issue this authorization to you prior to the 45th day.
2) General Permit
The second type of permit is referred to as a General Permit. General Permits are issued for certain types of relatively minor construction activities and generally are issued to specific entities such as the South Carolina Department of Transportation or Duke Energy, primarily because of the number of projects of a routine and similar nature these groups build. An important General Permit for Residential Docks has been issued to the citizens of South Carolina and is available for use when the proposed dock meets the conditions of the permit. If your proposed work qualifies for use of a General Permit, the Corps will help verify this and will issue you an authorization to use the Permit.
3) Standard Permit or Individual Permit
The third type of permit is referred to as a Standard Permit or Individual Permit. This type of permit is necessary for projects that do not qualify for Nationwide or General Permits, either because of their nature or the extent and/or location of their impacts. Unlike Nationwide and General Permits, Individuals Permits have not already been issued for authorization. In addition to having to evaluate and weigh the project’s benefits versus its environmental effects, it also means that when the application is received by the Corps, the proposed work must first be advertised in a Public Notice to give citizens and agencies the opportunity to comment.
Who are the Corps of Engineers’ Regulatory Customers?
Most people would readily recognize that the Corps of Engineers has as our customer the applicant who is seeking a permit to do work in waters of the United States. To this set of customers the Corps has the obligation to process the request or application as quickly as possible within the context of the legal requirements associated with the particular request or application.
Public Notices are issued by the Corps every Friday. and are mailed to the general public, environmental agencies and specific property owners who are adjacent to proposed project sites so that those with an interest in a particular project are notified. All Public Notices also appear on this website. During the 30 days that follow publication of the notice, interested parties may comment in writing to the Corps to express their views and concerns with the assurance that no permit action will be taken during the "comment period."
Following the comment period, the Corps will forward all comments received to the applicant along with a letter instructing the applicant to provide responses to the comments back to the Corps. The letter also includes comments the Corps may have regarding additional information necessary to complete the permit application, including comments on the proposed project that the Corps believes could be designed to further avoid or minimize wetland and/or other environmental effects. Once the permit application is considered complete for the purposes of a permit decision, the Corps will perform an “alternatives analysis” for the purpose of determining whether there are other locations or methods which can achieve the project purpose in a less environmentally damaging way. This analysis involves assessing the potential effects of a proposed project on a comprehensive set of environmental and public interest factors. Since the Department of the Army permit represents a “federal action,” its issuance is subject to the National Environmental Policy Act (NEPA), a law which requires the identification and disclosure of all the potential effects of any federal action.
The alternatives analysis and assessment of project impacts also includes the evaluation of actions which can be included in the project to offset any unavoidable negative environmental effects. Project actions which help offset or "compensate" for impacts are collectively referred to as mitigation. Mitigation can be the preservation or restoration of wetland areas near those that will be impacted by the project, or may also pertain to effects on wildlife or cultural resources. Without adequate mitigation appropriate to the impacts, no permit can be issued.
The permit is ready to be issued when the Corps completes a Statement of Findings relative to the proposed project. The Statement of Findings documents the Corps’ decision-making process and action for each permit, and ultimately becomes the Administrative Record that supports any permit that may be issued for a project.
Questions concerning the Regulatory Program?
Call the "Project Manager of the Day" in the Charleston District Office(1) 866.329.8187 (Toll Free)
843.329.8044 (Local)
843.329.2332 (Fax)
Email point of contact for Charleston's Regulatory Division
Mailing Address:
US Army Corps of Engineers
Regulatory Division
69A Hagood Ave.
Charleston, South Carolina 29403-5107
