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Obtaining a Permit

Preparing the Permit Application

What should I do if my project will impact wetlands or other waters of the United States?

First, any proposed project or other activity should be designed to avoid and minimize any disturbance to the wetland, stream, or other aquatic area, as much as is practicable before applying for a permit from the Corps. Avoidance and minimization of impacts to wetlands or other aquatic areas can include locating any activity away from the wetland area, establishing buffer zones and protecting the quality of the water that may be discharged into wetlands. If impacts to wetlands or any other water of the United States are proposed, apply for a permit.

New Jersey

Material which should be contained in your application submittal include:

ENG Form 4345 (See Instructions) (*Please use this form, dated July 2013, until further notice.*)
Project Drawings (Sample)
NJ Coastal Zone Form, to be used for projects in the New Jersey State Coastal Zone

In addition, submission of the following information will help us to expedite the review of your project:

Please send your application materials to the following address:

US Army Corps of Engineers, NY District
Attn: Regulatory Branch, Room 1937
26 Federal Plaza
New York, NY 10278-0090

New York

The application form used to apply for a permit in New York is the N.Y.S. Department of Environmental Conservation (NYSDEC)/Corps of Engineers "Joint Application for Permit." This is a joint application, not a joint permit. Applicants are required to submit complete applications to EACH agency involved. On page 2 of the form be sure to check the box indicating to which agencies applications were submitted. This procedure is designed to minimize delays in receipt of your application materials and facilitate the processing of your application.

Material which should be contained in your application submittal:

Mail four copies of the completed materials to the NYSDEC. Four copies of the following should also be submitted with the application form:

  • Vicinity map locating the site of the entire project. Use an existing road map or U.S. Geological Survey topographic map. This map should clearly show the names of adjacent roads. The latitude and longitude or UTM coordinates of the proposed work site should also be included if this information can be obtained.
  • Color photographs of the site.
  • Site plan showing the project limits as if you were looking straight down on it from above (plan view). Clearly show all waters of the United States, including wetlands, and the ordinary high water mark of any streams or rivers. (See Part II of this booklet for information on wetland delineations) Shade in the area of proposed excavation and/or fill within these waters and indicate the length and area (square feet/acres) impacted.
  • Cross-Section View Drawings (generally required only when activity is proposed in rivers, streams or other open water areas). Clearly show all waters of the United States within the project boundary, as described above. Show length, area and volume of proposed excavation or fill within these waters. Purpose for the proposed activity.
  • Brief description of the proposed activity.
  • A discussion of why the proposed impacts to waters of the United States are necessary and what was done in an attempt to avoid and minimize these impacts.
  • List of any other necessary authorizations required for the proposed activities (e.g., state and local).

Mail one copy of all completed materials to    

US Army Corps of Engineers, NY District
Attn: Regulatory Branch, Room 1937
26 Federal Plaza
New York, NY 10278-0090

Fees

Fees are required for some permits. $10.00 will be charged for a permit for a non-commercial activity; $100.00 will be charged for a permit for a commercial or industrial activity. The district engineer will make the final decision as to the amount of the fee. Do not send a fee when you submit an application. When the Corps issues a permit, you will be notified and asked to submit the required fee payable to the Treasurer of the United States. No fees are charged for transferring a permit from one property owner to another, for Letters of Permission, or for any activities authorized by a general permit or for permits to governmental agencies.

How the Permit Application is Processed

Applications for proposed projects submitted to the Corps will generally fall under one of 3 types of application processes: 

  1.  Nationwide General Permits are a series of general permits issued by the Corps for minor projects in certain areas. All nationwide permits have special conditions which must be met in order for a project to qualify for nationwide permit status. Some nationwide permits also require pre-construction notification to the Corps prior to the initiation of any activities. The Corps may also develop Regional General Permits for a certain type of common activity which the Corps has determined would cause only minimal individual and cumulative environmental impact. 
  2. A Letter of Permission may be issued if the proposed work is minor or routine with minimum impacts and objections are unlikely. A Letter of Permission can be issued more quickly than a standard individual permit since an individual public notice is not required. The District Engineer will notify you if your proposed activity qualifies for a Letter of Permission. 
  3. Individual Permits are required if your project does not fall under the criteria for a general permit or letter of permission. If your project requires an individual permit, the Corps issues a Public Notice advising all interested parties of the proposed activity. This Public Notice process helps the Corps to evaluate the probable impact of the project as part of the public interest review.