Passed by Congress in 1972, the
federal Clean Water Act grants states and tribal governments the authority to review and approve, condition or deny proposed projects, actions and activities directly affecting waters of the United States. In Oregon, DEQ is responsible for issuance of Section 401 water quality certifications.
Under Section 401 of the Clean Water Act, federal agencies cannot issue a license or permit before DEQ makes a determination that the project can meet Oregon water quality standards. Any conditions that DEQ sets then become conditions of the federal permit or license.
1. For Standard Individual Permit Reviews: Submit a pre-filing meeting request to DEQ at least 30 days prior to submitting a 401 Dredge-Fill Certification Application request. View: Pre-filing Meeting Request Form.
- Use the (401) Dredge-Fill Supporting Materials submittal template in Your DEQ Online to submit the pre-filing meeting request.
*Projects under a
Nationwide Permit category
: skip to Step 2.
2. Submit a Request for a 401 Certification Application through
Your DEQ Online.
- Use the “(401) Dredge-Fill Certification Application" submittal template in Your DEQ Online.
- DEQ will accept the Joint Permit Application or the USACE Pre-Construction Notification form.
- Complete 401 water quality applications must include: the JPA or PCN form, including local land use approval, and the Request for Certification Form.
Visit the Your DEQ Online Help Page to learn more about this system.
3. Public notice
Based on the USACE decision about the permit type, the USACE will put the permit application on public notice, which includes DEQ's public notice. The public notice will include information on how the public may submit comments and questions. DEQ may require a separate public notice for water quality certifications even if the USACE does not issue a public notice.
4. DEQ review of information and comments
DEQ staff will review project applications, applicant information and public comment to evaluate impacts and determine whether the project is consistent with water quality standards. DEQ has up to one year to issue a decision.
Please note: Projects receiving a 401 water quality certification must meet all other agency requirements and other applicable permits from DEQ, such as a 1200-C Stormwater Discharge Permit.