1. High submittal of requests: We are currently receiving a very high number of applications and jurisdictional determination requests, which has caused a longer response time for the Regulatory staff. Increased requests are a result of fluctuating lake levels in the Great Lakes, green energy initiatives (e.g. solar and wind development), increased commercial/residential development, recent regulation changes, and other factors.

2. Recent regulation changes: There have been several substantial regulation changes in the past 12-18 months, which have required significant time for staff to be trained and for certain regulatory processes to be modified. These process changes have resulted in additional workload/staff time, which has also resulted in a longer response time for Regulatory staff.

If you have not been contacted by a Corps of Engineers Project Manager regarding your request, and you would like to inquire regarding the project status, please look at the 'Check Permit Status' page [click here] and then if needed, please contact us using the appropriate email address [click here], or the project manager that has been assigned to your file. If your file has been assigned a number (ex. LRB-20XX-XXXX), please reference this number in your email.

Please note that early coordination makes the process easier for you! By contacting the Corps of Engineers early in your planning, we can help guide you and understand your project’s needs and identify potential challenges. This will help us to work towards the appropriate authorization in as timely a manner as possible. Pre-application meetings are encouraged, particularly for larger projects.

We appreciate your patience and understanding, as we work through these challenges to help you get the authorization you need to complete your project.

*Buffalo District Regulatory Branch*

Last Updated 9/22/2021.

If your project proposes impacts to waters of the United States (including wetlands), you should complete this permit application form and submit it along with the appropriate documentation of your project including a location map, plan-view (top-view) and cross-section (side-view) drawings to the Buffalo District Regulatory Office at 478 Main St, Buffalo, NY 14202, or by email at LRB.Ohio.RegActions@usace.army.mil.   See specific APPLICATION SUBMITTAL DIRECTIONS on the Contact Us page. 

If you have questions regarding this process, please contact us. Click here for application instructions and here for the Nationwide Permit Pre-construction Notification form.  NOTE:  Internet Explorer is recommended for viewing.  If you receive an error message regarding your PDF viewer, right click the "Nationwide Permit  Pre-construction Notification Form" link and select "Save Link As" to download the application. You may need to select "Enable All Features" to view the form in Adobe Acrobat

Coordination with Ohio Environmental Protection Agency

• Section 401 of the Clean Water Act (Water Quality Certification [WQC]): An individual WQC may be required from the state if your projects exceeds ½ acre of total impacts to waters of the United States, or in special circumstances.  Please note your Corps permit may be authorized as provisional if you have not received individual WQC if it’s required. The Corps recommends that you contact the Ohio Environmental Protection Agency (OEPA) to determine if this will be required for your project; click here for OEPA information.  Click here for the OEPA Section 401 WQC form.

NEWS: On June 2, 2021, The U.S. Environmental Protection Agency (EPA) announced that it will revise the “Clean Water Act Section 401 Certification Rule” (2020 Rule) and initiate a series of stakeholder engagements on the upcoming rulemaking effort. A copy of the Federal Register notice is available at https://www.epa.gov/cwa-401. EPA is accepting written feedback through a docket for 60-days at Docket ID EPA-HQ-OW-2021-0302.

For All Permits

• Endangered Species:  The Corps is required to coordinate with the  U.S. Fish and Wildlife Service (USFWS) for any proposed project (all permit types) that may affect a federally listed threatened or endangered species. Specific to Nationwide Permits (NWP), General Condition 18 (Endangered Species), states that a pre-construction notification be submitted to the Corps if a federally listed species is in the "vicinity" of an applicant's project.  Please refer to the Endangered Species by County Listing-April 2017 to view federally listed species whose range is included in the county where your project is located, or you may contact the USFWS, Ohio Ecological Services Field Office for additional information.  Below is information on some of the federally listed species that commonly exist within project areas in Ohio:    
  • Mussels
    • 2016 Mussel Survey Protocol
    • 2016 Mussel Survey Protocol Appendix
    • Rabbitsfoot Mussel Critical Habitat Map
  • Indiana & Northern Long Eared Bats
    • 2016 Indiana Bat Summer Survey Guidelines
    • Northern Long Eared Bat Factsheet
  • Northern Massasauga
    • 2016 Eastern Massasuga Surveyors
  • Piping Plover
    • Piping Plover Critical Habitat Map
• Historic Properties: The Corps is required to coordinate with the Ohio State Historic Preservation Office (SHPO) for any project (all types of permits) that may have the potential to cause effects to any property listed or eligible for listing in the National Register of Historic Places.  Specific to NWPs, General Condition 20 contained within, states that a pre-construction notification (PCN) is required for any project that may have the potential to cause effects to any historic properties listed, eligible for listing, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties.  Prior to submitting a PCN, it is recommended that the applicant contact the Ohio State Historic Preservation Office.

For projects along Lake Erie

• Living on the Coast
• Ohio -  Lake Erie with Littoral Transport Information Fact Sheet
• To learn more regarding permits required by the Ohio Department of Natural Resources (ODNR) and State Coastal Policies, please click here.
• Federal Coastal Consistency:
  • Ohio Coastal Management Consistency Form: This form must be submitted with any permit application proposing a project along Lake Erie.
  • ODNR Federal Consistency Certification Permit Information
  • ODNR Coastal Management Program Information

A Jurisdictional Determination (JD) is a two step process of 1) identifying and locating jurisdictional Waters of the United States (including wetlands) on a property and 2) determining whether those areas are regulated by the U.S. Army Corps of Engineers under section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act. Receiving a jurisdictional determination is recommended when planning a project.

For more information, please see our waters and wetland page.

• Permit applicants are required to describe how they will avoid, minimize, and compensate for impacts to waters of the United States.  Unavoidable impacts may require compensatory mitigation to help offset the loss of functions and services.  Typically, compensatory mitigation will be required for permanent jurisdictional wetland losses greater than 0.1 acre.  Compensatory mitigation for jurisdictional stream or other aquatic resource impacts will be determined on a case-by-case basis.  For additional information, please review additional mitigation information and information on wetlands, streams, and navigable waterways available on the  Waters and Wetlands Information page.
• September 1, 2020: Ohio Interagency Review Team (IRT) issues joint public notice regarding “Guidelines for Wetland Mitigation Banking and In-lieu Fee Programs in Ohio, Version 2.0,” CLICK HERE for details.  To view a PDF copy, click here.

• Standard Permits: A type of individual permit that involves a full public interest review of an individual permit application and includes the issuance of a public notice for any project that does not meet the terms and conditions of a Nationwide Permit or LOP.  Processing time usually takes 90 to 120 days from the time of a complete application, but may exceed this time period in cases where a public hearing is required or if an Environmental Impact Statement (EIS) must be prepared.

• Letters of Permission (LOP): A type of Individual Permit that have an abbreviated permit review used to cover activities that slightly exceed Nationwide Permit criteria. Processing time  is typically 120 days from the time of a complete application.  In Ohio, there are seven types of projects that may qualify for a LOP, which are listed below:

  1. Discharge of Dredged Material into U.S. Army Corps of Engineers Approved Open Lake Disposal Areas in Lake Erie within the state of Ohio.

  2. Discharge of predominantly granular dredged material into nearshore areas of Lake Erie within the state of Ohio.

  3. Discharges of dredged or fill material associated with wetland construction, restoration, or enhancement activities provided that a long term wetland management plan has prepared for each site.

  4. Fill placed for wildlife enhancement as mitigation for section 10 activities (Such as dredging).

  5. Filled crib docks 50 feet or less in total length, and having cribs with an open design.

  6. Fill for boat ramps (construction and renovation).

  7. Placement of sand to maintain and restore public bathing beaches.

• Nationwide Permits: a form of general permit that authorizes a category of activities throughout the nation. These permits are valid only if the conditions applicable to the permits are met. If the conditions cannot be met, then a regional or individual permit will be required. Examples of activities include, but are not limited to: repair, utility lines, bank stabilization, road crossings, residential & commercial development, boat ramps, etc.          

5 January 2021 - Army Corps of Engineers announces new and revised nationwide permits
USACE announced today that it reissued 12 and issued four new nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The final rule is expected to be published in the Federal Register in the coming weeks. The pre-publication version of the final rule is available at https://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-and-Permits/Nationwide-Permits/. 

15 September 2020 - Army Corps of Engineers announces proposal to renew and revise nationwide permits
The U.S. Army Corps of Engineers announced today that it has prepared its proposal to renew and revise 52 nationwide permits for work in wetlands and other waters that are regulated by Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. The proposal was published in the Federal Register today. The public comment period ends on November 16, 2020. The proposed rule is available through the Federal Register web site at: https://www.federalregister.gov/documents/2020/09/15/2020-17116/proposal-to-reissue-and-modify-nationwide-permits