Various questions are often asked about the regulatory program. It is hoped
that these answers will help you to understand the program better.
Q. When should I apply for a Corps permit?
A. Since three to four months is normally required to process
a routine application involving a public notice, you should apply as early
as possible to be sure you have all required approvals before your planned
beginning date. For a large or complex activity that may take longer,
it is often helpful to have a "pre-application consultation"
or informal meeting with the Corps during the early planning phase of
your project. You may receive helpful information at this point, which
could prevent delays later. When in doubt as to whether a permit may be
required or what you need to do, don't hesitate to call a district regulatory
office.
Q. I have obtained permits from local and state governments.
Why do I have to get a permit from the Corps of Engineers?
A. It is possible you may not have to obtain an individual permit,
depending on the type or location of work. The Corps has many general
permits, which authorize minor activities without the need for individual
processing. Check with your Corps district regulatory office for information
on general permits. When a general permit does not apply, you may still
be required to obtain an individual permit.
Q. What will happen if I do work without getting a permit from
the Corps?
A. Performing unauthorized work in waters of the United States
or failure to comply with the terms of a valid permit can have serious
consequences. You would be in violation of federal law and could face
stiff penalties, including fines and/or requirements to restore the area.
Enforcement is an important part of the Corps regulatory program.
Corps surveillance and monitoring activities are often aided by various
agencies, groups, and individuals, who report suspected violations. When
in doubt as to whether a planned activity needs a permit, contact the
nearest district regulatory office. It could save a lot of unnecessary
trouble later.
Q. How can I obtain further information in reference to permit
requirements?
A. Information about the regulatory program is available from
any Corps district regulatory office.
Q. Why should I waste my time and yours by applying for a permit
when you probably won't let me do the work anyway?
A. Nationwide, only three percent of all requests for permits
are denied. Those few applicants who have been denied permits usually
have refused to change the design, timing, or location of the proposed
activity. When a permit is denied, an applicant may redesign the project
and submit a new application. To avoid unnecessary delays pre-application
conferences, particularly for applications for major activities, are recommended.
The Corps will endeavor to give you helpful information, including factors,
which will be considered during the public interest review, and alternatives
to consider that may prove to be useful in designing a project.
Q. What is a wetland and what is its value?
A. Wetlands are areas that are periodically or permanently inundated
by surface o r ground water and support vegetation adapted for life in
saturated soil. Wetlands include swamps, marshes, bogs and similar areas.
As a significant natural resource, wetlands serve important functions
relating to fish and wildlife. Such functions include food chain production,
habitat, nesting spawning, rearing and resting sites for aquatic and land
species. They also provide protection of other areas from wave action
and erosion; storage areas for storm and flood waters; natural recharge
areas where ground and surface water are interconnected; and natural water
filtration and purification functions.
Although individual alterations of wetlands may constitute a
minor change, the cumulative effect of numerous changes often results
in major damage to wetland resources. The review of applications for alteration
of wetlands will include consideration of whether the proposed activity
is dependent upon being located in an aquatic environment.
Q. How can I design my project to eliminate the need for a Corps
Permit?
A. If your activity is located in an area of tidal waters, the
best way to avoid the need for a permit is to select a site that is above
the high tide line and avoids wetlands or other water-bodies. In the vicinity
of fresh water, stay above ordinary high water and avoid wetlands adjacent
to the stream or lake. Also, it is possible that your activity is exempt
and does not need a Corps Permit. Another possibility for minor activities
is that a Nationwide or a Regional General Permit may have authorized
them. So, before you build, dredge or fill, contact the Corps district
regulatory office in your area for specific information about location,
exemptions, and regional and nationwide general permits.