Understanding Permits

Woody debris exists in pretty much every waterway in existence. Depending on how that debris is arranged and the amount, there may not be any need to do anything with it. It is healthy for habitat, acts as a biofilter, can aid in sedimentation and reduce bank erosion. However, there are many times when Large Woody Debris (LWD) can become a hazard to safety, increase flooding, threaten infrastructure, and increase erosion. In order to address those situations, permits are often needed. 

The first place to start it the waterway itself. In the United States, all waterways fall under the jurisdiction of the US Army Corps of Engineers (USACE). All waterways also fall under some level of State and Local jurisdiction as well. Some waterways are more highly regulated than others. For example, in the United States, all Section 10 waterways will require permits prior to work regardless of the work being performed. There are many other classifications of waterways which will dictate what types of permits may be needed and from which agencies. Remember that just because a waterway may be classified as “navigable,” doesn’t mean that it truly is navigable. Simply being classified as such will impact your permit needs. 

On the other end of spectrum, less regulated waterways may be eligible for Nationwide permits from Army Corps. These permits may be available based upon general specifications of scope and scale of the project to be performed in the waterway. Some permits may even be non-reporting, meaning that as long as you stay within the parameters of the Nation Wide Permit (NWP), there is no need to inform the USACE.

Permit needs can also be dependent on the type of work being performed. Removal of debris from the waterway requires different permit needs than bank stabilization. Stream restoration projects require different permits than temporary fill for in water work. 

Ultimately, the permit process can be daunting for anyone who has never been through it before. The number of agencies, the permit types, the supporting documentation and the process itself can all seem overwhelming. Before starting on any type of project to remove debris, repurpose debris, or use heavy equipment in the riparian, consult with your local authorities or a trusted firm with experience in waterway permitting to determine what permits will be needed to proceed with the proposed project.