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Section 401: US Army Corps of Engineers Permits Overview

The U.S. Army Corps of Engineers authorizes projects in several different ways with several different types of permits. This page is meant to provide you with a brief overview of the three (3) most common types of U.S. Army Corps of Engineers permits - the Nationwide Permits, the Regional General Permit No. 1, and the Individual Permit.

Referenced forms are available on the IDEM Agency Forms page.

U.S. Army Corps of Engineers Nationwide Permits (NWPs)

What are Nationwide Permits?

According to the U.S. Army Corps of Engineers (Corps), the Nationwide Permits are meant to authorize activities that are "similar in nature, cause only minimal adverse environmental effects when performed separately, and cause only minimal cumulative adverse effects on the aquatic environment." The Nationwide Permits allow the Corps to focus their limited resources on activities important to them. It is not surprising that, given the Corps' much broader focus both in terms of geography and in terms of public interest review, their focus would differ somewhat from Indiana's focus. Congress must have anticipated this because they created a mechanism for the states to use to ensure that activities permitted by the Corps do not degrade water quality or violate other applicable laws. That mechanism is the State Water Quality Certification (also known as Section 401 Water Quality Certification).

Which Nationwide Permits are approved by both IDEM and the U.S. Army Corps of Engineers in Indiana?

For the 2021-2022 Nationwide Permit reauthorization, the U.S. Army Corps of Engineers authorized 16 Nationwide Permits in 2021 and the remaining 41 Nationwide Permits were authorized in 2022. Because of this, two (2) separate Section 401 Water Quality Certifications were issued by IDEM to complete the Nationwide Permit reauthorization process.

The tables and paragraphs below are broken up by the two (2) reauthorization efforts and lists all of the U.S. Army Corps of Engineers Nationwide Permits currently in effect in the state of Indiana. Please note-The U.S. Army Corps of Engineer Districts (Louisville, Detroit, Chicago) that operate in Indiana have chosen to unsuspend those Nationwide Permits previously suspended due to the Regional General Permit No. 1.

In the January 13, 2021, Federal Register Notice, the U.S. Army Corps of Engineers published the final rule to reauthorize 16 Nationwide Permits, 32 general conditions, and the associated definitions. These Nationwide Permits became effective on March 15, 2021. The table below summarizes the IDEM Section 401 Water Quality Certification decisions for 13 of the 16 NWPs. Three (3) of the Nationwide Permits are activities that do not occur in Indiana (NWPs 48, 55, & 56).

Section 401 Water Quality Certification Decisions for the 16 NWPs (2021)
NWPActivityDecisionConditions
12 Oil or Natural Gas Pipeline Activities Approve General & Specific
21 Surface Coal Mining Activities Approve None
29 Residential Developments Approve General & Specific
39 Commercial and Institutional Developments Approve General & Specific
40 Agricultural Activities Approve General & Specific
42 Recreational Facilities Approve General & Specific
43 Stormwater Management Facilities Deny N/A
44 Mining Activities Approve General & Specific
50 Underground Coal Mining Activities Approve None
51 Land-Based Renewable Energy Generation Facilities Approve General & Specific
52 Water-Based Renewable Energy Generation Pilot Projects Approve General & Specific
57 Electric Utility Line and Telecommunication Activities Approve General & Specific
58 Utility Line Activities for Water and Other Substances Approve General & Specific

For activities that are approved with General and Specific Conditions, please refer to the IDEM Section 401 Water Quality Certification for the 16 NWPs (below). For activities that meet the IDEM General and Specific Conditions and require notification, please download State Form 51937 and submit all required information to IDEM. If an activity does not comply with all the General and Specific Conditions IDEM placed on the NWPs, then a site-specific Individual Section 401 Water Quality Certification is required from IDEM. Please download State Form 51821 and submit all required information to IDEM.

For activities that are approved with no Conditions, please refer to the Nationwide Permit description, impact limitations, and conditions as published in the January 13, 2021, Federal Register Notice (below). If an activity does not comply with the project description, impact limitations or conditions published in the January 13, 2021, Federal Register Notice, then a site-specific Individual Section 401 Water Quality Certification is required from IDEM. Please download State Form 51821 and submit all required information to IDEM.

Nationwide Permit 43 has been denied by IDEM in the state of Indiana. Any activity authorized by the U.S. Army Corps of Engineers under Nationwide Permit 43 requires a site-specific Individual Section 401 Water Quality Certification from IDEM. Please download State Form 51821 and submit all required information to IDEM.

In the December 27, 2021, Federal Register Notice, the U.S. Army Corps of Engineers published the final rule to reauthorize 41 Nationwide Permits, 32 general conditions, and the associated definitions. These Nationwide Permits became effective on February 25, 2022. The table below summarizes the IDEM Section 401 Water Quality Certification decisions for 39 of the 41 NWPs. Two (2) of the Nationwide Permits are activities that do not occur in Indiana (NWPs 8 & 24).

Section 401 Water Quality Certification Decisions for the 41 NWPs (2022)
NWPActivityDecisionConditions
1 Aids to Navigation Approve None
2 Structures in Artificial Channels Approve None
3 Maintenance Approve General & Specific
4 Fish and Wildlife Harvesting, Enhancement, and Attraction Devices Approve General
5 Scientific Measurement Devices Approve General
6 Survey Activities Approve General
7 Outfall Structures and Associated Intake Structures Approve General & Specific
9 Structures in Fleeting and Anchorage Areas Approve None
10 Mooring Buoys Approve None
11 Temporary Recreational Structures Approve None
13 Bank Stabilization Approve General & Specific
14 Linear Transportation Projects Approve General & Specific
15 U.S. Coast Guard Approved Bridges Approve General & Specific
16 Return Water from Upland Contained Disposal Areas Deny N/A
17 Hydropower Projects Deny N/A
18 Minor Discharges Approve General & Specific
19 Minor Dredging Approve General
20 Response Operations for Oil and Hazardous Substances Deny N/A
22 Removal of Vessels Approve General
23 Approved Categorical Exclusions Deny N/A
25 Structural Discharges Approve General & Specific
27 Aquatic Habitat Restoration, Establishment, and Enhancement Activities Approve General & Specific
28 Modifications to Existing Marina Approve None
30 Moist Soil Management for Wildlife Approve General
31 Maintenance of Existing Flood Control Facilities N/A
32 Completed Enforcement Actions Deny N/A
33 Temporary Construction, Access, and Dewatering Approve General & Specific
34 Cranberry Production Activities Deny N/A
35 Maintenance Dredging of Existing Basins Deny N/A
36 Boat Ramps Approve General & Specific
37 Emergency Watershed Protection and Rehabilitation Approve General & Specific
38 Cleanup of Hazardous and Toxic Waste Deny N/A
41 Reshaping Existing Drainage Ditches Deny N/A
45 Repair of Uplands Damaged by Discrete Events Approve None
46 Discharges to Ditches Approve General & Specific
49 Coal Remining Activities Approve None
53 Removal of Low-Head Dams Deny N/A
54 Living Shorelines Deny N/A
59 Water Reclamation and Reuse Facilities Deny N/A

For activities that are Approved with General, or General and Specific Conditions, please refer to the IDEM Section 401 Water Quality Certification for the 41 NWPs (below). For activities that meet the IDEM General and Specific Conditions and require notification, please download State Form 51937 and submit all required information to IDEM. If an activity does not comply with all General and Specific Conditions IDEM placed on the NWPs, then a site-specific Individual Section 401 Water Quality Certification is required from IDEM. Please download State Form 51821 and submit all required information to IDEM.

For activates that are Approved with no Conditions, please refer to the Nationwide Permit description, impact limitation, and conditions as published in the December 27, 2021, Federal Register Notice (below). If an activity does not comply with the project description, impact limitations or conditions published in the December 27, 2021, Federal Register Notice, then a site-specific Individual Section 401 Water Quality Certification is required from IDEM. Please download State Form 51821 and submit all required information to IDEM.

Nationwide Permits 16, 17, 20, 23, 31, 32, 34, 35, 38, 41, 53, 54, and 59 have been denied by IDEM in the state of Indiana. Any activity authorized by the U.S. Army Corps of Engineers under these Nationwide Permits requires a site-specific Individual Section 401 Water Quality Certification from IDEM. Please download State Form 51821 and submit all required information to IDEM.

What does it mean if Section 401 Water Quality Certification for a Nationwide Permit is denied?

If IDEM has denied Section 401 Water Quality Certification for a Nationwide Permit, it just means that IDEM wants to take a closer look at that particular activity; IDEM's closer look means that the project will require an individual, site-specific Section 401 Water Quality Certification. Most of the Nationwide Permit activities that IDEM denied certification on, such as shellfish aquaculture activities and cranberry production, are not applicable in Indiana, but some are denied because IDEM must ensure that the activity does not result in degradation of water quality or violation of other applicable state laws.

U.S. Army Corps of Engineers Individual Permit (IP)

What is a U.S. Army Corps of Engineers Individual Permit?

The Corps' Individual Permit (IP) is used for projects proposing extensive impacts or impacts to rare or special aquatic types. Generally speaking, the Corps' IP is always used for projects that propose impacts equal to or greater than one (1) acre of wetland or stream. The Corps can, at their discretion, elevate any project to be reviewed as an Individual Permit.

Individual Permits require the evaluation of U.S. Army Corps of Engineers applications under a public interest review and the environmental criteria set forth in the Clean Water Act Section 404(b)(1) Guidelines.

U.S. Army Corps of Engineers Regional General Permit No. 1 (U.S. ACE RGP No. 1)

What is the Regional General Permit No. 1?

The Louisville, Detroit, and Chicago District of the U.S. Army Corps of Engineers established the Indiana Regional General Permit No. 1 (Corps RGP) on December 15, 2014, to take the place of several Nationwide Permits which have been suspended in Indiana. If a project is not large enough to require an Individual Permit, and is not small enough to fall under a Nationwide Permit, the U.S. Army Corps of Engineers will review an application under their RGP No. 1.

The Corps' Regional General Permit No. 1 is NOT the same as IDEM's Regional General Permit Notification Form. The names are just similar.

In general, the Corps' Regional General Permit No. 1 can be used by the Corps to authorize most projects that affect less than one (1) acre of waters of the United States. The following types of activities can be authorized by the Corps' RGP No. 1:

  • New Construction Activities, including filling and grading, dredging, channelization, road crossings, culverts, bank stabilization.
  • Agricultural Activities, including clearing, tiling, ditching, fills for buildings or access roads.
  • Mining Activities, including staging, access, extraction, berms, temporary storage. Excludes surface coal mining.

The following Maximum Limitations are placed on the RGP No. 1 by the U.S. Army Corps of Engineers:

  • Discharges of dredged or fill material are limited to one (1) acre or less of "Waters of the United States," including wetlands;
  • Dredging in "navigable waters" is limited to 10,000 cubic yards;
  • Structures and fills for docking and mooring are limited to similar permitted structures and fills in the vicinity;
  • Discharges of dredged or fill material into Lake Michigan are limited to one tenth (0.1) acre, except for bank stabilization;
  • Impacts resulting from filling greater than one tenth (0.1) acre of special aquatic sites, or work causing more than minimal effects will require mitigation to compensate for impacts to the stream, special aquatic sites or wetlands affected. Other work or structures in navigable waters will be evaluated and must include mitigation to reduce impacts to minimum levels.

All proposed projects are subject to the Corps' restrictions and the Corps' RGP No. 1 General Conditions detailed in their Public Notice issued December 15, 2014 [PDF].

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