Permit Types & Process

State Programmatic General Permits (SPGPs) are issued by the District Engineer for a general category of activities when the following conditions are met:

• The activities are similar in nature and cause minimal environmental impact (both individually and cumulatively), and
  
• The regional permit reduces duplication of regulatory control by state and federal agencies. Baltimore District has two regional permits which are the Maryland State Programmatic General Permit (MDSPGP-3) and the Pennsylvania State Programmatic General Permit (PASPGP-3).
  
• New - MDSPGP3 Monitoring Report - 1 Oct to 31 Mar 2007

Nationwide Permits authorize a category of activities throughout the entire nation, and are valid only if the national and regional conditions applicable to the permits are met. If not, then a regional, general or individual permit will be required. Because the Maryland State Programmatic General Permit-3 (MDSPGP-3) and Pennsylvania State Programmatic General Permit-3 (PASPGP-3) are designed to continue to authorize certain activities previously covered by the Nationwide Permit (NWP) program and institute a streamlined Corps regulatory process that has been integrated with state processes, the Corps of Engineers has suspended many of the NWPs which are applicable to activities qualifying for MDSPGP-3 or PASPGP-3 authorization. Suspension of various NWPs will avoid confusion over SPGP use and eliminate redundancy since State and Federal regulatory programs are administered jointly in these states. If the SPGPs become void, enjoined, revoked, or removed from effect for any reason, the Corps will consider reissuance of some or all of the suspended NWPs.

Baltimore District Special Public Notice #07-37 announcing the Final Regional Conditions and Suspension for the 2007 Nationwide Permits

Baltimore District NWP Regional Conditions

Section 401 Water Quality Certification and Coastal Zone Management Act consistency determinations by the State of Maryland, the Commonwealth of Pennsylvania, and the District of Columbia

Standard Operating Procedure for processing Nationwide Permit 21 applications

Individual Permits are issued after a full public interest review of an individual application for Department of Army permits. A copy of the permit application, ENG Form 4345 can be found here. Processing time usually takes between 60 and 120 days unless a public hearing is required or an environmental statement must be prepared.

State Programmatic General Permits

Commonwealth of Pennsylvania

On July 1, 2001 the District Engineers for Baltimore, Philadelphia and Pittsburgh Districts issued the Pennsylvania State Programmatic General Permit (PASPGP-2) for a five year period. The PASPGP-2 expired on June 30, 2006.

The PASPGP-3 was implemented and in full effect within the Commonwealth of Pennsylvania on July 1, 2006. It is administered by the Corps and the Pennsylvania Department of Environmental Protection. The PASPGP-3 will expire on June 30, 2011.

Pennsylvania Department of Environmental Protection
Bureau of Dams, Waterways and Wetlands
Rachel Carson State Office Building
Market Street
Harrisburg, Pennsylvania 17105
(717) 787-6827

Applications for work in waterways or wetlands within the Commonwealth of Pennsylvania should be sent to the PA Department of Environmental Protection (PADEP).

Upon receipt of an application, PADEP reviews the application to determine what State approvals are necessary and what category of activity the project may be authorized under the Corps’ PASPGP-3 and then initiates the State Process and forwards the application to the appropriate Corps office for review if the project does not meet any Category– I approvals under the SPGP.

(Note: Category- I approvals are for very minor non-controversial actions and PADEP forwards Corps authorization with the DEP permit to the applicant, upon satisfactory completion of the PADEP evaluation and sends the Corps a copy.

Upon receipt of a completed application from PADEP; the Corps initiates its evaluation and if the Corps review results in a finding of minimal impacts PADEP is informed that the PASPGP-3 authorization may be granted with or without additional special conditions to safeguard the public interest. When the Corps received an application from PADEP for activities which do not quality for authorization under the PASPGP-3, the Individual Permits review process is initiated as noted in the flow chart above.

Deed Restriction

Proposed activities/projects for construction or expansion of residential, commercial, or institutional subdivisions or developments that include greater than 0.25 acre of wetlands, in addition to the total wetland area directly impacted by the proposed project, located within the property boundary are potentially eligible for authorization under PASPGP-3 Category I or II Activities (no U.S. Army Corps of Engineers (Corps) review required), provided the submitted application includes a proposed deed restriction or conservation easement which protects such wetlands from activities such as filling, draining, mowing, placement of structures, cutting of vegetation, clearing, or plowing of natural vegetation. Additional information concerning this activity can be obtained by contacting the Corps or the Pennsylvania Department of Environmental Protection (PADEP).

Instructions for Model Conservation Instruments for the Pennsylvania State Programmatic General Permit-3 (PASPGP-3)

Model Conservation Easement for the Pennsylvania State Programmatic General Permit-3 (PASPGP-3)

Model Deed Restriction for the Pennsylvania State Programmatic General Permit-3 (PASPGP-3)

State of Maryland

On October 1, 2001, the District Engineer for Baltimore District issued the Maryland State Programmatic General Permit (MDSPGP-2) for activities in wetlands and waters within the State of Maryland. The MDSPGP-2 expired on September 30, 2006.

Maryland Department of the Environment
Regulatory Services Coordination Office
410-537-3762
1-800-876-0200
1800 Washington Boulevard
Suite 430
Baltimore, Maryland 21230-1708

On May 12 2006, the District Engineer issued a Special Public Notice (SPN 06-47), dated August 31, 2006 announcing the reissuance, with modifications of the MDSPGP-2, as the MDSPGP-3. It is administered by the Corps and Maryland Department of the Environment (MDE). The MDSPGP-3 was implemented and in full effect within the State of Maryland on October 1, 2006 and will expire on September 31, 2011.

Upon receipt of a complete application, MDE assigns the application a State and Corps tracking number, acknowledges receipt of the application, and reviews the proposed work to determine if the work is authorized under a category of activities in the MDSPGP-3. For minor, non-controversial work that meets the impact limits and activity-specific conditions for any of the Category I activities, MDE includes a copy of the Corps' MDSPGP-3 authorization with the State authorization. For activities or work that does not qualify for Category I authorization, MDE forwards the application to the Corps for concurrent review.

The Corps initially reviews the project to determine if it can still be authorized under the MDSPGP-3 under another category. If so, the Corps completes their review of the project and notifies MDE that Corps authorization can be granted under the MDSPGP-3 with any necessary special conditions.

If during its initial review, the Corps concludes that the project will have more than minimal environmental impacts, it does not qualify for MDSPGP-3 authorization and must undergo the Corps' Individual Permit (IP) review. The Corps will initiate the process in the IP flowchart above.