In conformance with the Regulatory Branch
objective, this page has been designed for the specific purpose of trouble
shooting any problems or questions that you, the customer, may encounter while
exploring our website.
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.
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