What is a Nationwide Permit?
Nationwide
Permits are a type of general permit issued by the U.S. Army Corps of Engineers
on a nationwide basis for activities having minimal impacts on the
environment. Projects that propose work in water, including in streams and
wetlands, may require a USACE Section 404 permit and 401 Water Quality
Certification. The Nationwide Permits cover 59 categories of activities.
What is DEQ’s role?
Starting
in March 2017, for projects authorized under a USACE nationwide category, DEQ
began issuing 401 Water Quality Certifications directly to applicants.
DEQ must issue a Section 401 WQC before work can be implemented for projects
that are processed under the USACE Nationwide Permits.
Applicants
that qualify for a USACE Nationwide Permit may be granted an expedited 401 WQC
from DEQ. Proposed projects not covered under the USACE nationwide categories
require an Individual WQC.
On
Feb. 25, 2022, USACE completed a multi-year process to reissue its existing
Nationwide Permits while incorporating additional categories. All 59 Nationwide
Permits expire on March 15, 2026.
Typically, expedited 401 WQC projects are reviewed at the Tier 1 Review Fee level of $1,014 (Effective Nov. 1, 2024).
Review process
All applicants must submit application materials directly to the 401 Program through
Your DEQ Online. The U.S. Army Corps of Engineers will assess what nationwide category is appropriate for each project, and notify DEQ of its determination. Once DEQ receives this determination, DEQ will invoice the applicant and begin review. DEQ will contact the applicant if additional information is needed. DEQ intends to issue a Nationwide 401 water quality certification decision to each applicant based on the USACE determination, pending receipt of review fee and sufficient documentation to ensure compliance with Oregon's water quality rules and laws. This includes a signed Land Use Compatibility Statement (found in Section 11 of the Joint Permit Application, or the
DEQ version and, if required, a completed post-construction stormwater plan (please see the
2021 Post-Construction Stormwater Management Guidelines).