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Do I need a permit?
Any person, firm, or agency (including Federal, state, and local government agencies) planning to work in navigable waters of the United States, or discharge (dump, place, deposit) dredged or fill material in waters of the United States, including wetlands, 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.
Section 10 of the Rivers and Harbors Act of 1899 requires approval prior to the accomplishment of any work in, over, or under navigable waters of the United States, or which affects the course, location, condition or capacity of such waters. Navigable waters (33 CFR Part 329) 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 (list of Navigable Waters in Alaska). Typical activities requiring Section 10 permits include:
Section 404 of the Clean Water Act requires approval prior to discharging dredged or fill material into the waters of the United States. Waters of the United States (33 CFR Part 328) include essentially all surface waters, including all navigable waters and their tributaries, all interstate waters and their tributaries, all impoundments of these waters, all wetlands adjacent to these waters, and certain isolated wetlands. The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include tundra, permafrost areas, swamps, marshes, bogs, and similar areas. "Recognizing Wetlands" is a brochure containing more information on wetland identification. Typical activities requiring Section 404 permits include:
Certain activities are exempt (33CFR 323.4) from Section 404 permit requirements. Section 103 of the Marine Protection Research and Sanctuaries Act requires approval for the transportation of dredged material for the purpose of dumping it in ocean waters. To see if your proposed work area lies within jurisdictional waters of the U.S. (including wetlands), complete and submit the Jurisdictional Determination Request Form
The "Alaska Regional Supplement" to the “1987 Wetland Delineation Manual” is the technical resource used to delineate wetlands and specifies the criteria for an area to be classified as a wetland. For the local Alaska definition of the growing season see “SPN-2006-445”. For the new field data form see “Data Form”. The Alaska District encourages all permit applicants and others requiring jurisdictional determinations (JDs) to provide a preliminary jurisdictional determination (PJD) with their permit application or other requests for determinations of jurisdiction. Time delays in responding to requests for JDs would be reduced where the application or request is accompanied by a suitable PJD supplied by the applicant, or their designated agent. While many agencies and larger corporations may possess in-house expertise to perform PJDs, those who do not may wish to retain the services of a consulting firm. See Special Public Notice 92-9 for more information. For a list of firms which have indicated to the Corps that they have the expertise to perform wetland delineations on a consulting basis click here. Consulting firms interested in inclusion on the list are encouraged to contact us.
Regulatory Jurisdiction Diagram The following Regulatory Jurisdiction Diagram shows a landscape view of the regulatory jurisdiction boundaries, as well as definitions and schematic views of different water lines.
The following Tidal Data Chart shows the approximate elevations of the Extreme High Water (EHW) line, High Tide Line (HTL), Mean Higher High Water (MHHW) line, and Mean High Water (MHW) line for various community locations in the state of Alaska. The second page of this link includes a list of elevation terms and their definitions.
Individual Permits Individual permits are issued following a full public interest review of an individual application for a Department of the Army permit. A public notice (usually of a 30-day duration) is distributed to all known interested persons. A final decision on the application is made after evaluating all comments and information received. 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 Impact Statement must be prepared. To apply for an individual permit, an application form must be completed. This application is available here (Permit Application) or from any regulatory office. Nationwide Permits
Nationwide Permits (NWPs) are a form of General Permit issued by USACE Headquarters nationally. NWPs authorize specific activities in areas under Corps Regulatory jurisdiction (for example, navigable waterways, wetlands, etc.). These activities are minor in scope and must result in no more than minimal adverse impacts both individually and cumulatively. Individuals wishing to perform work under these NWPs must ensure that their project meets all applicable terms and conditions, including the regional conditions specific to Alaska. If the conditions cannot be met, a regional general permit or individual permit will be required. For specific information about each of the NWPs click here (Nationwide Permits).
Regional General Permits Regional permits are issued by the Alaska District Engineer for a general category of activities when:
For specific information about Regional General Permits, click here (General Permits). Abbreviated Permit Process In March 1999 the Abbreviated Permit Processing Procedure (APP) 93-1 was put on public notice for re-issuance. This is a permitting process for the construction of Sanitary Sewage facilities within the state of Alaska. This permitting procedure allows applications to be processed in a timely manner (15 days), allowing for a faster permitting timeline and enabling the applicant to start construction sooner. 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 here 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 our regulatory office (Contact Us).
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