The Regulatory Request System is a new online application portal designed to allow you to submit permit applications, pre-application meeting requests, and jurisdictional requests using easy to follow online submission forms. Applicants can track the status of their projects using a user-friendly dashboard. Users are required to create an account using LOGIN.GOV for online submittals and to receive status updates.

To access the Regulatory Request System, click the icon below.

For more information, see the public notice (found here: https://www.nwp.usace.army.mil/Missions/Regulatory/Projects/Article/3661720/31-january-2024-usace-launches-new-regulatory-request-system/ ) or visit the online portal at the following website: rrs.usace.army.mil

USACE has two types of Department of the Army permits: General Permits and Individual Permits

GENERAL PERMITS
General permits authorize activities that are similar in nature and cause only minimal adverse environmental impacts to aquatic resources, separately or on a cumulative basis.
There are two types of general permits: Nationwide Permits and Regional General Permits.

INDIVIDUAL PERMITS
Individual Permits are for activities that do not fit the requirements for a Nationwide Permit or Regional General Permit. There are two types of Individual Permits: Standard Individual Permits and Letters of Permission.

EMERGENCY AND EXPEDITED PERMITS
USACE characterizes an emergency as a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen and significant economic hardship if no action is taken. In these situations, the District Engineer can authorize expedited reviews of permit applications.

You must notify USACE of the need to perform emergency work before taking any action, if possible. Call the USACE Regulatory Project Manager for your county as soon as possible to discuss the situation. Alternatively, you can contact the Portland or Eugene Section chief for assistance.

USACE has the responsibility to determine if the proposed work is consistent with USACE's definition of an emergency, whether authorization is needed, and if so, which type of authorization is required. Unauthorized work may be subject to enforcement action.

USACE may not view an action as an emergency if the applicant has known of the deficient condition of the failing structure and has not made reasonable attempts to secure appropriate permits and conduct timely repairs. Emergency declarations by the state or a county government do not mean all repair activities qualify as emergency situations.

All permit reviews, including emergency reviews, require coordination with tribes and state and federal agencies. In an emergency, reasonable effort will be made to receive comments from interest groups and others who may be affected by the action.

Executive Order 14156, Declaring a National Energy Emergency, directs federal agencies to use, to the fullest extent possible and consistent with applicable law, the emergency Army Corps permitting provisions to facilitate the Nation’s energy supply.  Portland District has established special emergency processing procedures pursuant to 33 CFR § 325.2(e)(4) for certain energy activities subject to EO 14156 that require a Department of the Army permit. 

• $10 for individuals (non-commercial activities)
• $100 for businesses (commercial and industrial activities)
• No fees are charged to governmental agencies

The U.S. Army Corps of Engineers receives its authority from the following federal laws:

Section 10 of the Rivers & Harbors Act of 1899
Requires approval prior to the accomplishment of any work in or over navigable waters of the United States, or work which affects the course, location, condition or capacity of such waters. Projects typically requiring Section 10 permits include construction of piers, wharves, bulkheads, dolphins, marinas, ramps, floats intake structures, and cable or pipeline crossings; dredging and excavation; and Overhead transmission lines, tunnels, or directional bore holes.

Section 14 of the Rivers and Harbors Act of 1899
33 USC 408 (commonly referred to as “Section 408”), authorizes the Secretary of the Army, on the recommendation of the Chief of Engineers of the US Army Corps of Engineers (USACE), to grant permission for the alteration or occupation or use of a USACE civil works project if the Secretary determines that the activity will not be injurious to the public interest and will not impair the usefulness of the project.

The following websites may help clarifying if your project is near a USACE civil works project:
USACE Project Locations Map
National Levee Database

For more information and to begin the application process for a Section 408 review, visit our Section 408 webpage.

Section 404 of the Clean Water Act
Requires approval prior to discharging dredged or fill material into the waters of the United States. The Clean Water Act aims to protect the physical, chemical and biological integrity of water quality in the United States. Increased surface runoff from development has the potential to cause significant changes in aquatic ecosystems. Discharges of runoff may carry pollutants such as eroded soil, oil, metals, and pesticides that adversely affect oceans, streams, wetlands, lakes, and groundwater.

Section 103 of the Marine Protection, Research, & Sanctuaries Act of 1972
As amended (33 U.S.C. 1413), authorizes the U.S. Army Corps of Engineers to issue permits for the transportation of dredged material for the purpose of dumping it into ocean waters.

Other laws which affect our program: Some projects will require additional evaluation under other related laws and regulations. The lists below are not exhaustive. They are provided to make you aware of other laws which affect our program. Some of these laws apply regularly and some of them are rarely applicable.

Section 401 of the Clean Water Act

The Clean Water Act (CWA) gives states and authorized Native American Tribes the authority to grant, deny, or waive certification of proposed federal licenses or permits that may discharge into waters of the United States. Under Section 401 of the CWA, a federal agency may not issue a permit or license to conduct any activity that may result in any discharge into waters of the United States unless a Section 401 water quality certification is issued, or certification is waived. States and authorized Native American Tribes where the discharge would originate are generally responsible for issuing water quality certifications.  In cases where a state or tribe does not have authority, the U.S. Environmental Protection Agency (EPA) is responsible for issuing certification. The Section 401 certification can cover both the construction and operation of the proposed project. Conditions of the Section 401 certification become conditions of the permit issued by the Corps. Section 404 permits generally require Section 401 water quality certifications. Section 10 permits may also require Section 401 water quality certifications.

When you apply for a permit from the Corps, you are often required to obtain a Section 401 water quality certification from the certifying authority.  The Section 401 certification is generally conducted at the same time as the Corps’ review.  To apply for a Section 401 certification, contact the applicable certifying authority.  The Oregon Department of Environmental Quality is typically the certifying authority unless the project is located where a Native American Tribe or the EPA is the certifying authority.

For additional information on Section 401 visit:
• U.S. Environmental Protection Agency's Section 401 webpage
• Oregon Department of Environmental Quality's Section 401 webpage

Endangered Species Act
The purpose of the Endangered Species Act (ESA) is to protect and recover many of our nation’s native plant and animal species that are in danger of becoming extinct. This protection extends to the habitats upon which they depend. The ESA is administered by the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS). The USFWS consults on birds, terrestrial animals, plants, amphibians and most freshwater fish. The NMFS consults on salmon, marine fish, marine mammals and marine reptiles.

When a proposed project will affect a species listed under the Endangered Species Act, the Corps is required to consult with the NMFS and/or the USFWS and cannot issue a permit until that consultation is complete. A Corps tool designed to expedite the consultation is called Standard Local Operating Procedures for Endangered Species (SLOPES). SLOPES allows for a streamlined formal consultation process by timing projects to avoid critical life history windows; by minimizing aquatic resource, species and designated critical habitat impacts; and by improving the environmental baseline through site-specific habitat improvements. The SLOPES related documents are posted in the gray box below titled Biological opinions and letters of concurrence.

Regulatory program mission
The mission of the U.S. Army Corps of Engineers’ Regulatory offices is to protect the nation’s aquatic resources, while allowing reasonable development through fair, flexible and balanced permit decisions. The Corps’ permit application process gives applicants the opportunity to demonstrate that they have avoided and minimized impacts to waters of the United States as much as possible.

The following general criteria will be considered in the evaluation of every application:
• the relative extent of the public and private need for the proposed activity;
• the practicability of using reasonable alternative locations and methods to accomplish the objective of the proposed activity;
• the extent and permanence of the beneficial and/or detrimental effects which the proposed activity is likely to have on the public and private uses to which the area is suited.

U.S. Army Corps of Engineers (USACE) Headquarters Regulatory page
USACE Regulatory in-lieu fee and bank tracking system (RIBITS)
USACE Standard Local Operating Procedures for Endangered Species (SLOPES)
U.S. Environmenal Protection Agency (EPA)
National Marine Fisheries Service (NMFS)
Oregon Department of State Lands Permits (ODSL)
Oregon Department of Environmental Quality (ODEQ)
Oregon Heritage State Historic Preservation Office (SHPO)