Regulatory Branch

Interagency Guidelines to Applicants

The purpose of the following guidelines is to provide you, the applicant, with environmental guidance that, when followed, will expedite the review of your permit application and may qualify you for a Nationwide or General Permit. These guidelines were developed by local offices of the U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Texas General Land Office, Texas Commission on Environmental Quality and Texas Parks and Wildlife Department. Adherence to these guidelines is not mandatory, however, compliance with them will ensure adequate protection of fish and wildlife and their habitats as mandated by Federal and State laws. It is our hope that by providing this guidance, you will be informed of Federal and State agencies' environmental expectations which will enable you to plan your project in an environmentally sustainable manner. This should significantly reduce the time it will take for you to receive a permit.

These guidelines have been formulated from published and unpublished documents developed by Federal, State and private institutions. They have been developed to aid the public when applying for a Department of the Army permit for water development activities under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899. They foster compliance not only with requirements of the aforementioned Acts but also the Fish and Wildlife Coordination Act, the Endangered Species Act, the National Environmental Policy Act, and the Magnuson Fishery Conservation and Management Act. These Acts specify protection, and in some cases enhancement and restoration, of fish and wildlife resources and their habitats, including wetlands.

General considerations that will expedite review of your permit application include:

1) Early in your planning phase, entire project plans should be provided to, and coordinated with, the U.S. Fish and Wildlife Service so they may assess whether your project has potential endangered species concerns. The National Marine Fisheries Service may also need to be contacted if the project could effect sea turtles or marine mammals.

2) To the maximum extent practicable, environmental impacts should be avoided and/or minimized. For projects involving substantial discharge of dredged or fill material into wetlands or waters of the U.S., an alternatives analysis which identifies the least damaging project alternatives should be included with the permit application. Although this information is not required to apply for a permit, the Corps of Engineers may eventually need this analysis in order to review the permit. Contact the Galveston District Corps of Engineers for more information.

3) If unavoidable impacts to wetlands or other sensitive areas must occur, you should plan for mitigating temporary and/or permanent impacts associated with the project. These plans should be coordinated early in the planning process with the Galveston District Corps of Engineers and the various State and Federal resource agencies.

The following links provide specific guidelines: