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Corps Regulatory Permits & Section 408 Permissions

Regulatory Permits

The Regulatory Division in the New Orleans District’s is responsible for administering the US Army Corps of Engineers (Corps) Regulatory Program in southern Louisiana.   The regulatory authorities and responsibilities of the Corps’ Regulatory Program are based on the following laws:

• Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) prohibits the obstruction or alteration of navigable waters of the United States without a permit from the Corps.

• Section 404 of the Clean Water Act (33 U.S.C. 1344). Section 301 of this Act prohibits the discharge of dredged or fill material into waters of the United States without a permit from the Corps.

• Section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1413) authorizes the Corps to issue permits for the transportation of dredged material for the purpose of dumping it into ocean waters.

In order to request a permit from Regulatory, please see the section below about Requesting Corps Permits and Permissions.   For more detailed information about the Regulatory Program, please visit the Regulatory Permit Webpage at https://www.mvn.usace.army.mil/Missions/Regulatory/Permits/; for additional information about the permit process, please visit the Permit Processing Webpage

Section 408 Permission Requests

Any entity external to the Corps who proposes to alter a Corps civil works project may request a Section 408 permission.  Examples of Section 408 activities include road or utility crossings of levees and channels, dredging to deepen navigation channels, and drainage improvements such as culverts, ditches and drainage pipes.  Multiple offices within the New Orleans District are responsible for evaluating Section 408 permission requests.  In order to grant a permission, the request must not impair the usefulness of the project, and must not be injurious to the public interest.

This mission was federally authorized in Section 14 of the Rivers and Harbors Act of 1899 (33 USC 408).   Guidance on executing the Section 408 mission was distributed from HQ to the districts in the form of EC-1165-2-220.   For more information, please visit our 408 Permissions Webpage at : https://www.mvn.usace.army.mil/Missions/Section-408/

Links

Other Information

Permit Fee

 Do not send a fee when you submit an application.  

The district engineer does not make a final decision on the amount of the fee until such time as there is a decision on whether to approve the permit.  When the Corps issues a permit, you will be notified and asked to submit the required fee payable to the Treasurer of the United States. 

General Guideline for Determining Permit Fees:

Fees are required for most permits. $10.00 will be charged for a permit for a non-commercial activity; $100.00 will be charged for a permit for a commercial or industrial activity. The district engineer will make the final decision as to the amount of the fee.  No fees are charged for transferring a permit from one property owner to another, for Letters of Permission, or for any activities authorized by a general permit or for permits to governmental agencies.

Requesting Corps Permits and/or Permissions

To facilitate the synchronization of the New Orleans District Regulatory and 408 Missions, applicants can provide one submittal to initiate the process for projects that may need a Regulatory permit and/or a Section 408 permission.  To do this, you will submit a Department of Army (DA) approved permit application to the Corps.

For work within the Louisiana coastal zone that also requires a coastal use permit (CUP), a joint permit application (JPA) with the Louisiana Department of Energy and Natural Resources (LDENR) should be submitted following the process outlined on the following webpage: LDENR Coastal Use Permit Webpage.  This JPA process was developed with the LDENR because the State of Louisiana administers a regulatory program within the jurisdiction of their coastal zone. The coastal zone boundary for Louisiana begins at the state line of Texas and Louisiana, easterly through the parishes of Calcasieu and Cameron, then south through Vermilion, Iberia, St. Mary, St. Martin, Terrebonne, and Lafourche parishes. The boundary then turns to the north to include the parishes of St. Charles, St. John the Baptist, St. James, and east through Livingston, Tangipahoa, and St. Tammany parishes. The parishes of Orleans, Jefferson, St. Bernard, and Plaquemines are also within the boundary. The seaward boundary of the Coastal Zone in the outer limit of the United States territorial sea.  Click here to Determine whether You Are In the Coastal Zone

For work that does not require a CUP, an Eng 4345 permit application should be submitted.   There are two ways to obtain this permit application: Application Portal or Adobe PDF.

Application Portal:  There is a new national online application portal and management platform, known as the Regulatory Request System (RRS) that now includes an electronic submission option for permit applications.  This is web-based platform currently in a beta version that aims to streamline the process, improve efficiency, and provide a more user-friendly experience for applicants.  This system can be accessed via the RRS button on the top right-hand side of this webpage.

OR

Adobe PDF:  Obtain an adobe pdf fillable copy of the permit application from the HQ website.  Click here to go to the Corps Website for the standard Corps Eng 4345 form  (The "Application Form" and "Application Form Instructions" are located under the "Obtain a Permit" section).   The completed pdf and supplemental documents can then be submitted electronically (Click here for instructions on electronically submitting your permit application.) or a hard copy can be mailed using the following address:

Click here to go to the Corps Website for the standard Corps Eng 4345 form  (The "Application Form" and "Application Form Instructions" are located under the "Obtain a Permit" section).

For the New Orleans District, the preferred method is for you to submit your permit application electronically.  Click here for instructions on electronically submitting your permit application. 

Hard copy applications and documents are still accepted and those can also be mailed using the following address:

US Army Corps of Engineers  
New Orleans District
CEMVN-RG
7400 Leake Avenue
New Orleans, Louisiana 70118    
 

Other Potential Considerations

Water Quality Certification by Louisiana Department of Environmental Quality

Under the provisions of the Clean Water Act, any project that involves placing dredged or fill material in waters of the United States or wetlands or mechanized clearing of wetlands needs a water quality certification from the Louisiana Department of Environmental Quality (DEQ), Office of Environmental Services, Post Office Box 4313, Baton Rouge, Louisiana 70821-4313. For further information go to the following webpage: Louisiana DEQ Web Site.

Division of State Lands

The State of Louisiana owns the beds and bottoms of many waterways. This ownership generally extends to the average low water shoreline in rivers and other streams. The ownership in most lakes, bays, sounds, and similar water bodies and in the Gulf of Mexico extends to the mean high water line. If you plan any work in state owned water bottoms, it is suggested that you contact the State Lands Office in Baton Rouge at the following address: State of Louisiana, Division of Administration, State Land Office, P.O. Box 44124, Baton Rouge, LA 70804-4124. Sometimes, fees must be paid to the State of Louisiana for use of state owned water bottoms. If you remove material from state owned water bottoms for fill or sale, there is a fee payable to the Louisiana Department of Wildlife and Fisheries based on the amount of material removed. For further information call (225) 342-0120 or 342-4600.

RRS