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• Individual Standard Permits
  • For projects with significant environmental impacts, involving a comprehensive public interest review.
• General Permits
  • For structures, work or discharges with minimal environmental impacts.
  • Nationwide Permits
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  • Regional General Permits
    • For specific geographic areas. 
  • Programmatic General Permits:
    • NYDGP-25
      • For Staten Island "Blue Belt" extended storm water detention facilities.
    • NJ SPGP-17
      • For structures and work in artificial tidal lagoons and access channels.
    • NJ SPGP-19
      • For piers and similar structures.
• Letters of Permission
  • For projects with minimal environmental impacts and no appreciable opposition.

There is a non-reporting general permit authorization for some minor activities that does not require applying or reporting to the Corps. Persons only need to carefully review the permit to make sure that all terms and conditions of the permit will be met. If requested, the district will confirm whether or not the non-reporting general permit applies to proposed work.

There are other general permits that can apply if the proposed work also requires authorization from the State Department of Natural Resources, or under the Minnesota Wetland's Conservation Act. These generally require submitting a copy of the state application to the Corps, and then receiving both a Corps' letter and a state permit that authorize the project. The district uses the Section 10 and Section 404 nationwide permits in Minnesota and Wisconsin.

The district also has implemented abbreviated letter-of-permission authorization procedures for many projects that are not eligible for general permits. These also require applying to and receiving written authorization from the Corps.
Regulated work under either Section 10 or Section 404 that is not covered by general permit or LOP procedures requires authorization under the Corps' standard individual permit process.

Some general permits can be confirmed or issued in a day, while other general permits and LOPs may require a 30-day agency and public review process depending on the nature and location of the project and will take 45 days or more. Standard individual permits typically require a 30-day agency and public review and take 60 to 120 days or more.

There is no fee for general permits or LOPs. For standard individual permits there is a permit issuance fee of $10 for non-commercial projects and $100 for commercial projects. The Corps will request the fee when due. Public entities are exempt from fees.

• Certain discharges for some farm, forestry, maintenance and other purposes qualify for a permit exemption. Exempt discharges must be for defined purposes and must satisfy certain conditions.
• Before starting any work, contact your regulatory program manager to ensure you do not need a permit.

• Yes. Select a project site or design that can support the project purpose without the need to alter wetland or water areas. If that is not practical, then you should enhance your chances of receiving a favorable interagency review and a permit by designing the project so that water and wetland impacts are avoided, minimized, and then compensated for, in that order and to the maximum extent practical.
• Completely avoiding water and wetland areas will eliminate the need for a 404 permit. Minimizing wetland impacts will reduce the amount of wetlands that may need to be created or restored in order to satisfy compensatory mitigation requirements of state or Corps' permits.

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If the activity is regulated by the Corps under Section 10 or Section 404, the answer is yes. However, the New York District has implemented abbreviated permitting procedures for many activities that also require state permits. But unless the activity is authorized under a Corps' non-reporting general permit, you still need to apply to and receive written authorization from the Corps.

• Ask the property owner to show you a letter from the Corps, dated within the preceding five years, about Corps' jurisdiction over the property. If there is no such letter, ask the owner to get one. In any case, you should certainly find out if there are any wetlands on the property before you buy it or commit any substantial irretrievable resources toward its purchase.

Performing unauthorized work in waters of the United States is a violation of Federal law with potentially stiff penalties including fines and imprisonment. 

When in doubt as to whether a permit is needed, contact the district's regulatory office. Doing so may save yourself a lot of trouble. 

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