The U.S. Army Corps of Engineers, Baltimore District authorizes work in waters of the United States under four types of permits: State Programmatic General Permits, Nationwide Permits, Letters of Permission, and Individual Permits.
Regional General Permits
In the Baltimore District, we use two types of Regional General Permits: State Programmatic General Permits or Nationwide Permits that are reserved for only the most minor impacts to waters of the United States regulated by the Corps. For projects with the potential for substantial environmental impacts, we use either Letters of Permission or Individual Permits.
The level of review increases substantially from Regional General Permit review to Individual Permit Review. Within the Baltimore District, project managers will try to work with applicants to make sure that any impacts to waters or wetlands are avoided to the most practicable extent to best preserve our aquatic resources and to help enable applicants to qualify for the most expeditious review.
State Programmatic General Permits
Maryland State Programmatic General Permit-5 (MDSPGP-5)
MDSPGP-5 (click to access full permit) authorizes work in waters of the United States within the state of Maryland for activities that would cause no more than minimal adverse environmental effects, individually and cumulatively, subject to the permit’s specific terms and conditions. This programmatic general permit has been developed in cooperation with Maryland Department of the Environment (MDE) that has regulatory authority over waters in the state of Maryland. MDSPGP-5 became effective Oct. 1, 2016, and will expire Sept. 30, 2021. View slides and notes from a webinar the team held Nov. 9, 2016, to discuss the new permit: MDSPGP-5 webinar presentation.
View the September 30, 2016 public notice regarding issuance of the MDSPGP-5.
View the MDE WQC/CZMA for MDSPGP-5. This is an MDE letter to the Corps dated Sept. 13, 2016, responding to the Corps's request for federal consistency decisions on MDSPGP-5 in line with the State's Clean Water Act, Section 401 Water Quality Certification; and Coastal Zone Management Act (CZMA), Section 307.
MDSPGP-5 aims at protecting aquatic resources within the Baltimore District’s jurisdictional authorities in Maryland, improving permit application response times and adding a certain degree of predictability to the permit program.
The substantial modifications from MDSPGP-4 to MDSPGP-5 include:
1.) The addition of temporary construction impacts into the description and thresholds for several activities, which reduces the need to use multiple MDSPGP-5 activities for a single project;
2.) An increase to the maximum total (temporary and permanent) acreage impact threshold for general maintenance activity (Category A), which means more projects can be approved by the state without needing to go to the Corps for review;
3.) The addition of two new activities specific to culvert pipe grouting and new stormwater management activities;
4.) The removal of the Special Area Management Plan (SAMP) study area project activity;
5.) A new condition requiring a remediation plan for the inadvertent release of fluids and lubricants during regulated directional drilling activities authorized by the utility line activity;
6.) The clarification of general requirements concerning wetland and stream compensatory mitigation. For unavoidable impacts, compensatory mitigation may be required to replace the loss of wetland, stream, and/or other aquatic resource functions and area. The Corps (or approved state authority) is responsible for determining the appropriate form and amount of compensatory mitigation when a proposed project results in more than minimal individual and cumulative adverse environmental effects.
Pennsylvania State Programmatic General Permit-5 (PASPGP-5)
PASPGP-5 (click to access full permit) authorizes work in waters of the United States within portions of the state of Pennsylvania for activities that would cause no more than minimal adverse environmental effects, individually and cumulatively, subject to the permit’s specific terms and conditions. This programmatic general permit operates in conjunction with Pennsylvania’s Department of the Environment’s (PADEP) state regulatory program that protects the aquatic environment in a manner equivalent to the Department of the Army regulatory program. PASPGP-5 became effective July 1, 2016, was revised in July 2018, and will expire June 30, 2021.
View the May 2, 2016 public notice regarding the issuance of PASPGP-5. View the July 30, 2018 public notice regarding the modification of PASPGP-5.
Some of the modifications from PASPGP-4 to PASPGP-5 include:
1.) The portion of the Delaware River that is ineligible for permit issuance has been extended beyond the limits identified in the last version of the permit;
2.) The impact thresholds include no greater than one acre of impact to aquatic resources (total wetland and waterway); and no more than 1,000 linear feet of stream loss;
3.) Projects that require Corps review for permit issuance have been redefined for linear projects. The reporting thresholds apply to single and complete projects, rather than the impacts associated with the overall project. Review is required if the single and complete project:
> 0.50 acre of direct/indirect, temporary/permanent impact to waters or wetlands;
> 0.10 acre of permanent conversion of forested or scrub shrub wetland; or
> 250 linear feet of permanent stream impact.
4.) Exceptions to the 250 linear feet threshold includes up to 500 linear feet for activities involving bank stabilization and/or stream rehabilitation, protection and enhancement. There is no linear threshold for activities verified under PADEP’s General Permit-1 for Fish and Habitat Enhancement Structures or projects approved by the Environmental Review Committee;
5.) Additional criteria for Corps review includes single and complete utility line crossings of water and/or wetlands that exceed 500 linear feet (except overhead lines); and utility lines placed within a jurisdictional area in which the line runs parallel to or along a stream;
6.) Any activity authorized as a Waiver 2, which includes water obstructions in a stream or floodway with a drainage area of 100 acres or less, no longer automatically requires Corps review. For projects involving greater than 250 linear feet of permanent impact to streams and/or rivers, an application must be submitted to the Corps. This waiver does not apply to wetlands within the floodway. The PASPGP-5 reporting threshold applies;
<250 feet permanent impact: Corps review not necessary
>250 feet permanent impact: Corps review necessary
7.) If the impacts of a single and complete project and compensatory mitigation for that project exceed the PASPGP-5 eligibility thresholds, the impacts associated with the compensatory mitigation may be authorized through a Nationwide Permit 27;
8.) Conditions regarding essential fish habitat and Atlantic and Shortnose Sturgeon have been added;
9.) All projects that result in temporary impacts require monitoring of aquatic resources to ensure restoration. A form for monitoring has been developed for consistency. All temporary impacts that exceed one year require Corps review.
Nationwide Permits (NWPs) are general permits issued on a nationwide basis to authorize minor activities with minimal evaluation time. NWPs have been established to reduce the regulatory reporting burden for specific activities that have no more than minimal impacts to the aquatic environment. Most NWPs have been suspended in Maryland and the Baltimore and Philadelphia District’s area of responsibility within Pennsylvania since the State Programmatic General Permits provide comparable Department of the Army authorization.
On January 13, 2021, the U.S. Army Corps of Engineers (Corps) published a final rule in the Federal Register (86 FR 2744) announcing the reissuance of 12 existing nationwide permits (NWPs) and four new NWPs, as well as the reissuance of NWP general conditions and definitions with some modifications. These 16 NWPs will go into effect on March 15, 2021, and will expire on March 14, 2026:
- NWP 12 – Oil or Natural Gas Pipeline Activities
- NWP 21 – Surface Coal Mining Activities
- NWP 29 – Residential Developments
- NWP 39 – Commercial and Institutional Developments
- NWP 40 – Agricultural Activities
- NWP 42 – Recreational Facilities
- NWP 43 – Stormwater Management Facilities
- NWP 44 – Mining Activities
- NWP 48 – Commercial Shellfish Mariculture Activities
- NWP 50 – Underground Coal Mining Activities
- NWP 51 – Land-Based Renewable Energy Generation Facilities
- NWP 52 – Water-Based Renewable Energy Generation Pilot Projects
- NWP 55 – Seaweed Mariculture Activities
- NWP 56 – Finfish Mariculture Activities
- NWP 57 – Electric Utility Line and Telecommunications Activities
- NWP 58 – Utility Line Activities for Water and Other Substances
The 12 existing NWPs published in the January 13, 2021 final rule replace the 2017 versions of these NWPs. The 2017 versions of NWPs 12, 21, 29, 39, 40, 42, 43, 44, 48, 50, 51, and 52 expire on March 14, 2021.
On March 5, 2021, the Baltimore District issued Special Public Notice 21-08, announcing the final suspensions and regional conditions for these 16 2021 NWPs in the State of Maryland, the Commonwealth of Pennsylvania, and the District of Columbia. The Norfolk District regional conditions are applicable for the military installations in Commonwealth of Virginia within the Baltimore District’s area of responsibility (i.e., Fort Belvoir, Fort Myer, and the Pentagon) and can be found at: https://www.nao.usace.army.mil/Missions/Regulatory/. The suspensions and regional conditions for these 16 2021 NWPs are documented below:
The 40 remaining 2017 NWPs continue to be in effect under the January 6, 2017 final rule, the district regional conditions, and the Water Quality Certifications, and Coastal Zone Management Act consistency concurrences made for that rule. The regional conditions for the 40 existing 2017 NWPs were previously announced in Special Public Notice #17-14 and are applicable to the State of Maryland, the Commonwealth of Pennsylvania within the Baltimore and Philadelphia District’s regulatory geographic boundaries, the District of Columbia, and certain military installations of northern Virginia (i.e., Fort Belvoir, Fort Myer, and the Pentagon). The suspensions and regional conditions for the 2017 NWPs are documented below:
This Nationwide Permit #27 checklist includes a list of information that will assist the district in evaluating proposed nationwide permit #27 activities and may help to reduce permitting delays associated with incomplete application submittals.
A Letter of Permission (LOP), as described in 33 CFR 325.2(e)(1), is a type of standard permit issued through an abbreviated processing procedure that includes coordination with federal and state resource agencies and a public interest evaluation, but without the publishing of an individual public notice. LOP will not be used to authorize the transportation of dredged material for the purpose of placing it in ocean waters.
For projects subject to Section 10 of the Rivers and Harbors Act of 1899, LOPs may be used when the District Engineer has concluded that the proposed work would be: 1) minor; 2) would not have significant individual or cumulative impacts on environmental values; and 3) should encounter no appreciable opposition.
For projects subject to section 404 of the Clean Water Act, LOPs may be used after the District Engineer: 1) consults with federal and state fish and wildlife agencies, the Regional Administrator, Environmental Protection Agency, the state water quality certifying agency and, if appropriate, the state Coastal Zone Management Agency, to develop a list of categories of activities proposed for authorization under LOP procedures; 2) issues a public notice advertising the proposed list and LOP procedures, requesting comments and offering an opportunity for public hearing; and 3) the 401 certification has been issued or waived and, if appropriate, CZM consistency concurrence obtained or presumed either on a generic or individual basis.
Individual permits (IPs - also known as a standard permits - SPs) are generally reserved for projects with potential for substantial environmental impacts. An IP requires a full public interest review, including public notices and coordination with involved agencies, interested parties and the general public.
View the Step-by-Step Application Review Process.
The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal denied permits, issued permits that contain requirements that are unacceptable to the applicant, or approved jurisdictional determinations. Although these decisions are made by Corps District offices, requests for appeals of such decisions are appealed to the Corps Division offices. Requests for appeal must be furnished to the Division office within 60 days of the date of the appealable decision. A site visit or an appeal conference or meeting may be conducted during the appeal process. A decision on the merits of the appeal based on the administrative record is normally made in 90 days. The Division will either uphold the District decision or send the case back to the District, with direction to make a new decision.
Procedures for appealing Corps permitting decisions are found at 33 CFR Part 331.