A determination by the Corps that no permit is required for a specific project may be based on one or more of the following:
1. A proposed project will not require a Department of the Army permit in accordance with Section 10 of the Rivers and Harbors Act of 1899 if it is not located within the navigable waters of the United States. Furthermore, a permit will not be required in accordance with Section 404 of the Clean Water Act if it will not involve the discharge of dredged or fill material into waters of the United States.
2. A project as proposed will not require a Department of the Army permit in accordance with Section 10 of the Rivers and Harbors Act of 1899 if it is considered a bridge and, therefore, is under the regulatory jurisdiction of the U.S. Coast Guard.
3. A project does not require a Department of the Army permit if the proposed work has been determined to be an exempt silviculture, farming, or ranching activity pursuant to the Code of Federal Regulations (33 CFR Part 323.4), provided the work is done in accordance with the provisions and conditions identified in 33 CFR Part 323.4 a Department of the Army authorization will not be required.
4. A project will not require a Department of the Army permit if the activity itself is not regulated. Examples of non-regulated activities may include work in uplands or non-regulated wetlands, as well as some piling supported structures and some excavation activities.
As always, you should contact your local Corps Regulatory Office for assistance in determining whether or not a permit is required.
A No Permit Required determination by the Corps:
- Does not obviate the requirement to obtain any other Federal, State, or local permits which may be necessary for your project.
- Does not constitute a federal evaluation of possible impacts to species protected under the Endangered Species Act. Projects that have the potential to impact federally listed species should contact the U.S. Fish and Wildlife Service.
- Does not constitute a federal evaluation of possible impacts to historic resources protected under Section 106 of the Natural Historic Preservation Act. Projects that have the potential to impact historic sites should contact the State Historic Preservation Officer in Tallahassee.
- Does not determine if your project may be subject to local building restrictions mandated by the National Flood Insurance Program. You should contact your local office that issues building permits to determine if your site is located in a flood-prone or floodway area, and if you must comply with the local building requirements mandated by the National Flood Insurance Program.
- May not be valid for the wetland conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are U.S. Department of Agriculture (USDA) program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service prior to starting work.
- Reflect current policy and regulations and are usually valid for a period of no longer than five years from the date of the letter unless new information warrants a revision of the determination before the expiration date. If after the five-year period, the Corps has not specifically revalidated the determination, it will automatically expire. Any reliance upon a determination beyond the expiration date may lead to possible violation of current federal laws and/or regulation