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Charleston District's Regulatory Permit Program
The Corps of Engineers Regulatory Permit Program
What Work Requires a Permit?Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in or over navigable waters of the United States, or which affects the course, location, condition or capacity of such waters. Typical activities requiring Section 10 permits are:
- Construction of piers, wharves, bulkheads, dolphins, marinas, ramps, floats intake structures, and cable or pipeline crossings.
- Dredging and excavation
Section 404 of the Clean Water Act requires approval prior to discharging dredged or fill material into the waters of the United States. Typical activities requiring Section 404 permits are:
- Depositing of fill or dredged material in waters of the U.S. or adjacent wetlands.
- Site development fill for residential, commercial, or recreational developments.
- Construction of revetments, groins, breakwaters, levees, dams, dikes, and weirs.
- Placement of riprap and road fills.
Any person, firm, or agency (including Federal, state, and local government agencies) planning to work in navigable waters of the United States, or dump or place dredged or fill material in waters of the United States, must first obtain a permit from the Corps of Engineers. Permits, licenses, variances, or similar authorization may also be required by other Federal, state and local statutes.
Waters of the United StatesWaters of the United States includes essentially all surface waters such as all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these waters.
"Wetlands" are areas characterized by growth of wetland vegetation (bulrush, cattails, rushes, sedges, willows, pickleweed, and iodine bush) where the soil is saturated during a portion of the growing season or the surface is flooded during some part of most years. Wetlands generally include swamps, marshes, bogs, and similar areas.
The Corps' provides a document on Recognizing Wetlands.
The landward regulatory limit for non-tidal waters (in the absence of adjacent wetlands) is the ordinary high water mark. The ordinary high water mark is the line on the shores established by the fluctuations of water and indicated by physical characteristics such as:
- a clear natural line impressed on the bank;
- shelving;
- changes in the character of the soil;
- destruction of terrestrial vegetation;
- the presence of litter and debris;
- or other appropriate means that consider the characteristics of the surrounding areas.
Navigable waters are defined as waters that have been used in the past, are now used, or are susceptible to use as a means to transport interstate or foreign commerce up to the head of navigation. Section 10 and/or Section 404 permits are required for construction activities in these waters. A complete list is available in the District Office.
Pre-Application Consultation
You are encouraged to contact the Corps of Engineers for proposed work in waters in your area.
Call the "Project Manager of the Day" in the Charleston District Office toll free at 1-866-329-8187 or
843-329-8044
Exemptions, nationwide, regional and individual permit requirements will be reviewed. By discussing all information prior to application submittal, your application will be processed more efficiently.
An official determination as to the need for a Department of the Army permit will be provided upon request.
Types of Permits
Individual PermitsIndividual permits are issued following a full public interest review of an individual application for a Department of the Army permit. A public notice is distributed to all known interested persons. After evaluating all comments and information received, final decision on the application is made.
The permit decision is generally based on the outcome of a public interest balancing process where the benefits of the project are balanced against the detriments. A permit will be granted unless the proposal is found to be contrary to the public interest.
Processing time usually takes 60 to 120 days unless a public hearing is required or an environmental statement must be prepared.
To apply for an individual permit, an application form must be completed. This application is available from all regulatory offices.
Nationwide Permits
A nationwide permit is a form of general permit which authorizes a category of activities throughout the nation. These permits are valid only if the conditions applicable to the permits are met. If the conditions cannot be met, a regional or individual permit will be required. Summaries of the nationwide permits are available.
Regional Permits
Regional permits are issued by the District Engineer for a general category of activities when
- the activities are similar in nature and cause minimal environmental impact (both individually and cumulatively), and
- the regional permit reduces duplication of regulatory control by State and Federal agencies.
Contact the District Regulatory office in your area for information regarding regional permits.
You Can Help
The understanding and support of the American people is vital to the success of this program. To protect our nation's water resources and assure their use and enjoyment for future generations, we must all join this vital effort. We ask your help in "passing the word" to others concerning the permit requirements outlined in this brochure and solicit your views and comments on better ways of attaining the goals of this program. Your comments, questions, and suggestions should be directed to one of our regulatory offices.
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
