U.S. Army Corps of Engineers (USACE) – Accelerating Restoration

Army Corps District websites (see map below)

Most projects that involve streams or wetlands will require a 404 Permit from the U.S. Army Corps of Engineers (USACE). Read more below.

USACE Regulatory Program

The U.S. Army Corps of Engineers, through the Regulatory Program, administers and enforces Section 10 of the Rivers and Harbors Act of 1899 (RHA) and Section 404 of the Clean Water Act (CWA).

Under RHA Section 10, a permit is required for work or structures in, over or under navigable waters of the United States.

Under CWA Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States. Many waterbodies and wetlands in the nation are waters of the United States and are subject to the Corps’ regulatory authority.

All USACE permit decisions are subject to various other Federal laws applicable to Federal actions, such as the Endangered Species Act, the National Historic Preservation Act, and the Magnuson-Stevens Fisheries Conservation and Management Act.

Section 404 of the Clean Water Act

Under CWA Section 404, a permit is required for the discharge of dredged or fill material into waters of the United States, even if the discharge is temporary. This means a 404 Permit is triggered by moving (discharging) or placing materials such as sediment, rock/gravel, container plants, large woody material, or culverts, into or within USACE jurisdictional areas. Many waterbodies and wetlands (ocean, rivers, streams, creeks, lakes, vernal pools, etc.) in the nation are waters of the United States (WOTUS) and are subject to the Corps’ regulatory authority, so most projects that involve streams or wetlands will require a 404 Permit from the USACE.

The U.S. Army Corps of Engineers has permitting authority over activities affecting waters of the United States, including wetlands.

Options for Section 404 Compliance

Many habitat restoration projects can use a Nationwide Permit (NWP) or Regional General Permit (RGP). See the links below and on the right side of this page to see if any of these options could work for your project before getting an Individual Permit. Receipt of 401 Water Quality Certification from a Regional Water Quality Control Board is required before issuance of a NWP/RGP/Standard Permit for most projects.

Nationwide permits (NWPs) are general permits issued on a nationwide basis to streamline the Department of the Army (DA) authorization of activities that result in minimal individual and cumulative adverse effects on the aquatic environment. In order to qualify for the use of a NWP, perspective permittees must comply with all of the terms, general conditions (GCs), and regional conditions (RCs) of the NWP, including any requirements for the submittal of a pre-construction notification (PCN).

Nationwide permits (NWPs) for restoration

Regional General Permits (RGPs) for restoration

Section 408 Permissions

Section 14 of the Rivers and Harbors Act of 1899, as amended and codified at 33 USC 408 (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. Here is the list of the Corps Projects in California which may require Section 408 permission for alteration or occupation or use. Not all segments were built by the Corps. Please check with the local flood control district or public works agency to confirm.

Section 408 Program page for the Sacramento District

Section 408 Permitting Information from the Los Angeles District

USACE has produced the following guidance documents about Section 408: