Once a complete application is received, the review process begins. Corps districts operate under what is
called a project manager system, where one individual is responsible for handling an application from
receipt to final decision. The project manager prepares a public notice, evaluates the impacts of the project
and all comments received, negotiates necessary modifications of the project, and prepares appropriate
documentation to support a recommended permit decision.
The decision to issue or deny a permit is based on the public interest review and, where applicable, a
Section 404(b)(1) guidelines analysis or an analysis of the ocean dumping criteria. The public interest review
involves an analysis of the foreseeable impacts the proposed work would have on public interest factors,
such as navigation, general environmental concerns, wetlands, economics, fish and wildlife values, land
use, floodplain values, and the needs and welfare of the people. The benefits and detriments to all public
interest factors relevant to each case are carefully evaluated. The permit decision document includes a
discussion of the environmental impacts of the project, the findings of the public interest review process, and
any special evaluation required by the type of activity, such as determining compliance with the Section
404(b)(1) guidelines or ocean dumping criteria.
The following general criteria are considered in evaluating all applications:
1. The relevant extent of public and private need for the proposed work;
2. Where unresolved conflicts of resource use exist, the practicability of using reasonable alternative
locations and methods to accomplish the objective of the proposed structure or work; and
3. The extent and permanence of the beneficial and/or detrimental effects the proposed structure or
work is likely to have on public and private uses to which the area is suited.
No permit is granted if the proposed project is found to be contrary to the public interest. If the proposed
work involves discharges of dredged or fill material into waters of the United States, no permit is granted if
the proposed activity is found to be contrary to the Section 404(b)(1) guidelines.
The Corps supports strong partnerships with states in regulating water resource development activities.
Such partnerships can be achieved through joint permit processing procedures (e.g., joint permit
applications, public notices and public hearings), as well as programmatic general permits founded on
effective state programs, transfer of the Section 404 program to states, special area management planning,
and regional conditioning of nationwide permits.
Alternate Forms of Department of Army Permits
There are alternate forms of authorization used in certain situations. Letters of permission may be used
where, in the opinion of the district engineer, the proposed work would be minor, would not have significant
individual or cumulative impacts on environmental values, and should encounter no appreciable opposition.
In such situations, the proposal is coordinated with Federal and state resource agencies, and in most cases,
adjacent property owners who might be affected by the proposal. However, the public at large is not notified.
The public interest review process is central to the decision-making process for letters of permission.
Another form of authorization is the general permit. There are three types of general permits: nationwide
permits, regional general permits, and programmatic general permits. General permits are not normally
developed for an individual applicant, but authorize activities the Corps has identified as being substantially
similar in nature and causing only minimal individual and cumulative environmental impacts. General
permits may authorize activities in a limited geographic area (e.g., county or state), a particular region of the
county (e.g., group of contiguous states), or the nation. A regional or programmatic general permit is issued
by the division or district engineer that has regulatory jurisdiction over the geographic area in which the
general permit will be used. The issuance process for a general permit closely parallels the issuance
process for individual permits, with a public notice, opportunity for a public hearing and detailed decision
documentation. Activities that qualify for general permit authorization may proceed, provided the terms and