Photo of Edmonds Ferry, Edmonds, Washington

Permit Guidebook

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 Chapter I: Overview of Permitting Process

          a.  Do I need a Corps Permit? 

          b.  Limits of Corps Jurisdiction

          c.  National Regulations and Policies

          d.  Frequently Asked Questions

 
 Chapter II: Permitting

          a.  Types of Permits

               i.  Standard Individual Permits

               ii.  Letter of Permission

              iii.  Nationwide Permits

              iv.  Regional General Permits

              v.  Exemptions

              vi. Comparison of Permit Types

          b.  Permit Processing Procedures

              i.  Electronic Permit Application Submittal

              ii.  Processing Time

              iii.  Fees

              iv. Helpful Hints for the Permit Process

              v. Complete Application

                  a) State Permit Application Form (JARPA)  or Eng Form 4345 are acceptable

                  b) Supplemental Information

                  c) Project Drawings

              vi.  Permit Compliance

 Chapter VI:  Endangered Species and Related Wildlife Laws

            a.  Endangered Species

            b.  Critical Habitat

            c.  Magnuson-Stevens Fishery Conservation and Management Act - Essential Fish Habitat

            d.  Marine Mammal Protection Act

 Chapter VII: Cultural Resources

            a.  National Historic Preservation Act

Cultural Resources and Historic Properties: Section 106 of the National Historic Preservation Act of 1966 (NHPA) 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 are properties that are included in the National Register of Historic Places or that meet the criteria for the National Register. Historic properties can include archaeological sites or artifacts and historic districts, buildings or structures. You may be asked to complete a historic property or cultural resources survey for your project area if there are indications that historic properties exist or may exist.

Once we review the survey, we coordinate with the State Historic Preservation Officer and/or Tribal Historic Preservation Officer (SHPO/THPO). As a result of this coordination, you may be required to enter into a Memorandum of Agreement, which outlines agreed-upon measures that the you will take to avoid, minimize, or mitigate the adverse effects on historic properties. For more information, please visit these websites:

            b.  Federal Tribal Trust Responsibilities

American Indian Tribal relationships are based on historical activities such as treaties, and laws and regulations set forth by Congress which address Tribal issues. American Indian treaties were not a granting of rights to American Indians, but a protection and preservation of land and certain rights for them. Treaties with Tribes are equal to Federal laws passed by Congress. As a federal agency, the Corps has Federal Trust Responsibility which is a legal term which signifies our obligation to ensure Indian rights as part of our permit application review.

In the State of Washington, we have 29 federally recognized Tribes. Depending on the location and scope of your work, we may have to consult with one or more Tribes as part of the application review process. Consultation with these Tribes may be informal or formal process of negotiation, cooperation or discussions between an American Indian Tribe and the Corps. Once initiated, consultation must be completed before we can finalize a permit decision.

 Chapter IX: Aquaculture

a.  News and Updates Regarding Aquaculture

b. Permit and Permit Review for Commercial Shellfish Aquaculture Activities

Application Materials and Tools on the Regulatory Forms webpage (click here) to obtain the forms listed below.

  • Eng Form 4345 or JARPA = state permit application form (Joint Aquatic Resource Permit Application) (either are acceptable) 
  • Instructions specific to shellfish aquaculture can be found on the Washington State Department of Ecology webpage
  • Drawing Checklist
  • Washington State Coastal Zone Management Certification Consistency document
  • Information on 401 Water Quality Certification

c.  Endangered Species Act Information

 

 Chapter X.  Work Windows