Home / Missions / Regulatory / New Apply
A visitor views eagles through a newly-installed spotting scope at The Dalles Dam Visitor Center, Jan. 2018.

Permitting

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. USACE's 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.

 

Regulatory Pages

Contact us

Related laws

Clean Water Act, Section 402
Coastal Zone Management Act of 1972
Deepwater Port Act of 1974
Federal Power Act of 1920
Fish & Wildlife Coordination Act
Interstate Land Sales Full Disclosure Act
Marine Mammal Protection Act
Marine Protection Research & Sanctuaries Act of 1972, Section 302
Migratory Bird Treaty Act of 1918
National Environmental Policy Act
National Fishing Enhancement Act of 1984
Native American Graves Protection & Repatriation Act
Ocean Thermal Energy Conversion Act of 1980
Outer Continental Shelf Lands Act of 1953 (as amended)
Wild & Scenic Rivers Act

Additional resources

Applying for a permit

USACE's responsibilities and your responsibilities
Before a permit is issued or verified, USACE must ensure that we've met all of our obligations under any related federal and state laws. The amount and complexity of any additional information needed depends on the project type and location. This means USACE may ask for more information from the applicant, or the applicant may need to give more information to another agency. In some cases, it's solely the applicant’s responsibility to obtain other authorizations. When related to USACE  authorization, USACE will inform you of other agencies’ requirements as soon as possible and work with you to fulfill those requirements as expeditiously as possible. For information on recent updates to our program, as well as public outreach, visit our Projects, News and Updates page.

​If your project may impact a federally authorized project you may also need a Section 408 review.
Some examples of federally authorized projects include navigation channels, levees, dams, sea walls, jetties and wetland restoration projects. Learn about the Section 408 process that allows alteration to a federally authorized project.

Projects that require permits from USACE and Oregon Department of State Lands (DSL)
The joint permit application allows you to complete one permit application that satisfies both agencies’ requirements.
Joint Permit Application

Projects that require a Corps permit only
If your project does not require a permit from the DSL you may complete the application for a USACE permit only. However, if you prefer, you can use the Joint Permit Application found in the section above.
USACE Permit Application

Projects that require USACE Nationwide Permit verification only
If your project does not require a permit from the DSL and you are submitting for potential Nationwide Permit verification, you may complete the USACE -only pre-construction notification form. Pre-Construction Notification Form (If you receive an error opening in your browser, right-click to save to your computer)

Required drawings when submitting an application
A permit application must include the following drawings in the correct format (see drawing format requirements below):
• Location map
• Site plan
• Cross-section drawings

USACE may require a wetland delineation, which is document that clearly defines the boundaries of any waters that might be affected. It includes all wetlands, streams and other bodies of water in your project area. Completing a wetland delineation requires expertise and may require professional assistance. Contact your local Corps office for more information on wetland delineations.

Drawing format requirements
All drawings should be clear, legible and formatted to fit an 8-1/2 by 11 inch sheet.
Use the fewest number of sheets necessary.
Permit Application Drawing Requirements
Permit Applications Drawing Checklist

NOTE: non-permit application submittals (such as delineation review requests or jurisdictional determinations) can be sent to PortlandPermits@usace.army.mil.

The preferred method to submit your USACE permit application is electronically.
All electronic documents should be submitted as Adobe Acrobat PDF files.

Application packages under 20 MB can be sent via email.
Do not send links to cloud storage, such as Dropbox or Google Drive.
Sending application packages directly to a project manager can delay processing through our system.
Send application packages only to PortlandPermits@usace.army.mil.
We request applicants reduce the total file size as much as possible prior to submission.

Application packages over 20MB require the use of DoD SAFE to transfer files.
To request a SAFE file transfer link please send an email specifying the county where the project is located to PortlandPermits@usace.army.mil.

Hardcopy applications and documents can also be mailed to the appropriate office on a CD or DVD.

USACE Portland District
Attn: CENWP-OD-G
P.O. Box 2946
Portland, OR 97208-2946		   USACE Eugene Field Office
211 E. Seventh Avenue,
Suite 105
Eugene, OR 97401-2722

 

Alternatively, the Regulatory Request System allows applicants to submit permit applications, pre-application meeting requests, and jurisdictional requests. To track the status of a permit application and receive updates, users are required to create an account using LOGIN.GOV. 

Regulatory Request System Icon in bold letters

Permit applicants who are planning projects in or near Portland Harbor should review the Portland Harbor Permitting Guide (2.5 MB pdf). USACE, Oregon Department of Environmental Quality (DEQ), National Marine Fisheries Service (NMFS) and U.S. Environmental Protection Agency (EPA) developed this guide to enhance interagency coordination when reviewing permit applications. It provides information to help permit applicants:

• Understand the agencies’ permitting processes
• Understand various permit requirements
• Identify some potential permitting hurdles
• Provide technical resources that support best practices when designing projects

The SEF provides regional guidance for the characterization and assessment of dredged sediment and potential water quality impacts that may occur during dredging. The SEF describes procedures for the evaluation of potential contaminant-related environmental impacts of dredging and the aquatic disposal of dredged material in inland waters (regulated under the Clean Water Act [CWA]) and the transport and disposal of dredged material in ocean waters (regulated under the Marine Protection, Research, and Sanctuaries Act [MPRSA]). The Regional Sediment Evaluation Team agencies prepared the SEF for use in the Pacific Northwest, defined here as the States of Washington, Oregon and Idaho. The SEF is periodically revised and updated to account for advances in regulatory practice and technical understanding.

The May 2018 SEF can be downloaded at the following website: http://www.nwp.usace.army.mil/Missions/Environmental-Stewardship/DMM/

A permit application requires a clear description of the proposed project, to include drawings, maps and other supporting documents. One of the U.S. Army Corps of Engineers’ goals is to help you understand what you should be thinking about while you’re planning and designing your project, before you apply for a permit. Something as easy as changing the types of materials you propose to use, or the time of year you plan to do the work can affect the time it takes to review your permit application.

The easiest way to ensure your project complies with state and federal agency requirements is to find out what they are when you are planning your project and incorporate design elements that minimize environmental impact. This often expedites the permitting process. If you want to set up a pre-application meeting when planning of your project, contact your local Corps Regulatory project manager.

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.

Benefits and detriments are balanced by considering effects on:

Aesthetics
Conservation
Consideration of Property Ownership
Economics
Energy Needs
Fish and Wildlife Values
Flood Hazards		   Floodplain Values
Food and Fiber Production
General Environmental Concerns
Historic Properties
Land Use
Mineral Needs
Navigation		   Needs and Welfare of the People
Recreation
Safety
Shoreline Erosion and Accretion
Water Quality
Water Supply and Conservation
Wetlands

Additional evaluation factors and resources
Alternatives analysis (video)
Alternatives analysis framework (760KB pdf)
Clean Water Act, Section 404 b(1) guidelines (video)
Cumulative impacts (video)
Dredging permit application review process (153KB pdf)
Public interest factors (video)

Permitting Authority

​Section 10: Requires permits for work in or affecting navigable waters of the U.S. Examples: piers, dredging, cable crossings.

Section 14 (Section 408): Requires permission for altering or using USACE civil works projects. Permission is granted if the activity is not injurious to the public interest and doesn't impair the project's usefulness. Use these resources to determine if your project is near a USACE civil works project:

Section 404: Requires permits for discharging dredged or fill material into U.S. waters to protect water quality.

 

Section 103: Authorizes permits for transporting dredged material for ocean disposal.

Projects may also require evaluation under other laws, including:

  • Section 401, Clean Water Act: Requires state or tribal water quality certification (or EPA certification if state/tribe lacks authority) for projects that may discharge into U.S. waters. This certification is often required concurrently with USACE permit review. Contact the Oregon Department of Environmental Quality, the applicable Native American Tribe, or the EPA to apply for certification.

  • Endangered Species Act (ESA): Requires consultation with U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service (NMFS) if a project affects listed species or their habitats. The USACE uses the Standard Local Operating Procedures for Endangered Species (SLOPES) to streamline consultation.

 

36 CFR Part 800-899 - Advisory Council on Historic Preservation
40 CFR Part 22 - Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits
40 CFR Part 230 – Clean Water Act Implementing Regulations and 404(b)(1) Guidelines
40 CFR Part 233 - State Program Regulations
40 CFR Part 233G - Tribal Regulations
40 CFR Part 1500 et seq - Council on Environmental Quality
50 CFR Parts 400-499 - Endangered Species Regulations
50 CFR Part 600 - Essential Fish Habitat Regulations

Permit Types

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.

Nationwide Permits are issued by USACE on a national basis and are designed to streamline Department of the Army authorization of projects such as commercial developments, utility lines or road improvements that impact the nation's aquatic environment.

To ensure activities authorized by Nationwide Permits cause only minimal adverse environmental effects, USACE division engineers are authorized to add regional conditions to protect local aquatic ecosystems. Nationwide Permits are proposed, issued, modified, reissued or extended, and revoked from time to time, after the opportunity for public notice and comment.

An activity may be authorized under a Nationwide Permit only if it meets both the national and regional conditions of the permit, including compliance with the Endangered Species Act and any special conditions added by the USACE. If USACE finds that the proposed activity would have more than minimal individual or cumulative net adverse impact on the environment, or may be contrary to the public interest, you would need to modify your proposal to reduce or eliminate those adverse effects, or apply for a Standard Individual Permit.

A Regional General Permit is issued for a specific geographic area by an individual USACE District. Each Regional General Permit has specific terms and conditions, all of which must be met for project-specific actions to be verified.

If your project does not comply with all of the terms and conditions, authorization may be granted by another type of Department of the Army permit, however, the process will likely take longer. Therefore, to expedite review of your application, we recommend modifying projects to meet all terms and conditions of the applicable RGP.

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.

• Standard Individual Permits
A Standard Individual Permit is required for activities having more than minimal impacts and/or for activities that do not qualify for a Nationwide Permit or Regional General Permit. An important distinction between an Individual Permit and a Nationwide Permit or Regional General Permit is the public interest review requirement. Nationwide Permits and Regional General Permits undergo public review as part of their development process; however, project-specific actions can be authorized by Nationwide Permit or Regional General Permit without further public review.

A Standard Individual Permit is subject to the public interest review process on a project-specific basis. A public notice will be issued for a Standard Individual Permit application to allow federal, state and local agencies, adjacent property owners and the general public an opportunity to review and comment on the plan or to request a public hearing. Applications involving public notices are typically completed within four to six months. However, some complex activities, issues or legal requirements may require additional review and take more time.

• Letter of Permission
A Letter of Permission is a type of Individual Permit issued through a more streamlined process. Letters of Permission are typically for activities subject to Section 10 of the Rivers and Harbors Act only. Individual Corps districts may develop Letter of Permissions applicable for work subject to Section 404 of the Clean Water Act after coordinating with state and federal agencies and allowing the opportunity for public comment.

A letter of permission may be issued for projects where proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and isn’t expected to encounter appreciable opposition. These types of projects usually include minor dredging and construction, maintenance, or replacement of piers, mooring buoys, piles, or floats. Compliance reviews under Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act still apply for a letter of permission.

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. 

There are no fees for general permits and letters of permission issued by USACE. The following fees apply when a project has been approved and a Standard Individual Permit is issued by USACE and accepted by the applicant:

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

Permit applications received by USACE are given identification numbers and reviewed for completeness. A request for additional information may be sent if necessary. For standard individual permit reviews, a public notice initiating a 15- or 30-day public comment period will be issued within 15 days of receiving all the required information. After the comment period, USACE will review all of the comments. USACE may ask for additional information at this time and a public hearing may be conducted if one has been specifically requested or determined to be necessary. For all projects, USACE will consult with other state and federal agencies and Native American tribes as appropriate. When all considerations are satisfied, the District Engineer will make a decision to either issue or deny the permit application. If a permit is denied, the applicant will receive a written explanation.

USACE’s goal is to decide on all applications within 60 days after receipt of a complete application for minor permits and 120 days for individual permits, unless: a decision is precluded as a matter of law or procedures required by law; the case must be referred to higher authority; the comment period of a public notice is extended; a timely submittal of information or comments is not received from the applicant; the processing is suspended at the request of the applicant; or information needed by the district engineer for a decision on the application cannot reasonably be obtained within the 60- or 120-day period.

Upon receipt of your permit application, you will be sent an acknowledgement of receipt and a USACE reference number specific to your file. You should refer to this number when inquiring about your application. If your application is incomplete, the Corps will request the additional information needed to continue its review. The project will be reviewed, balancing the need and expected benefits against the probable impacts of the work, taking into consideration all comments received and other relevant factors.

USACE can also provide a determination of whether or not waters at your project site are jurisdictional.  Please be advised that you do not need to request a jurisdictional determination (JD) before applying for a permit.  We confirm jurisdiction when processing permit applications.  Typical reasons for requesting a jurisdictional determination are: Is Corps jurisdiction over the wetlands or other waters questionable?  Do you need concurrence on wetland boundaries?

If you would like to request a jurisdictional determination only, please complete and submit this form JD Request Form.  Along with the form, submit a wetlands and other waters delineation of the site and clearly indicate on drawings the area within which you are requesting a review.  Delineations need to be less than five years old and follow the U.S. Army Corps of Engineers Wetland Delineation Manual (and any related supplements).

You can submit your jurisdictional determination request in the same way as a permit application. 

For more information on jurisdiction and completing waters delineations, please visit our Jurisdiction page; https://www.nwp.usace.army.mil/Missions/Regulatory/Jurisdiction/

Cultural resources and historic properties
Section 106 of the National Historic Preservation Act of 1966 requires federal agencies to take into account the effects of their undertakings on historic properties. A Department of the Army permit is considered to be such a federal undertaking. Historic properties, commonly referred to as cultural resources, are archaeological sites, historic districts, buildings or structures, and traditional cultural properties that are included in the National Register of Historic Places, or meet the criteria for inclusion in the National Register. The term encompasses artifacts, records and human burials related to and located within such properties. If there are indications your project has the potential to effect historic properties, you may be asked to complete a cultural resource assessment, which may include a historic property or cultural resource survey.

Federal trust responsibilities
The federal government’s unique relationship with Native American tribes is embodied in the U.S. Constitution, treaties, court decisions, federal statues and executive orders. Native American treaties are not a granting of rights, but a protection and preservation of land and certain rights retained by the tribes when they sign treaties. Treaties with tribes are equal to federal laws passed by Congress. As a federal agency the Corps has federal trust responsibility to ensure that Native American rights reserved by treaties are not compromised as part of our permit application review.

Biological opinions and letters of concurrence