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Work in Navigable Waters

(Department of the Army (Section 10)
Description/Purpose

The U.S. Army Corps of Engineers regulates activities that could obstruct or alter navigable waters of the United States under Section 10 of the Rivers and Harbors Act of 1899. A list of navigable waters of the United States in Washington State can be found here.

Triggers and activities which would require this permit

If you plan to conduct work in, over, or under navigable waters of the United States you must apply for authorization from the U.S. Army Corps of Engineers (Corps). The Corps authorizes activities by issuing individual and general permits. Individual permits include Standard Individual Permits and Letters of Permission, and general permits include Nationwide Permits and Regional General Permits. The Corps determines which type of permit is needed.

A Department of the Army permit can include authorization under Section 10 and/or Section 404. If you have questions about the Corps permit process, contact the Corps project manager assigned to the county where the work is proposed.

Costs/Fees
n/a
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The cost depends on the form of permit, nature of work, and applicant. The fee for issued Standard Individual Permits is $100 for commercial or industrial activities and $10 for non-commercial activities. No fee is charged to federal, state, or local governments. There is also no fee for Letters of Permission, Nationwide Permits, or Regional General Permits.

Application Information

The application is called 'Joint Aquatic Resources Permit Application (JARPA) form' is online and can be accessed at http://www.epermitting.wa.gov/site/alias__resourcecenter/jarpa/9983/jarpa.aspx.

In addition to a complete JARPA form, you should include photographs of the project area, a vicinity map, and detailed drawings which clearly show the project and its location in relation to wetlands, creeks, rivers, or other waterbodies in the vicinity of the project area. Refer to the sample drawings and checklist on the Corps' Seattle District website.

If Endangered Species Act (ESA)-listed species or critical habitat may be affected by or occur in the vicinity of the proposed project, the Corps may need to consult with the National Marine Fisheries Service and/or U.S. Fish and Wildlife Service before making a permit decision. If consultation is required, you may need to prepare and submit a Biological Evaluation describing the impact your project would have on ESA-listed species and critical habitat, and proposed measures to minimize those impacts. Other Federal laws and tribal treaty rights can also affect permit decisions.

Permit applications must be submitted electronically.  Follow the directions as described in this Special Public Notice dated December 23, 2019: https://www.nws.usace.army.mil/Portals/27/docs/regulatory2/Public%20Notices/SPNs/20191223-SPN-PaperlessInit.pdf?ver=2020-01-03-172729-440

The expiration date of a permit is the date by which the work must be completed. Authorization under a Nationwide Permit or Regional General Permit generally expires when the general permit expires. General permits are issued for a period of 5 years, so authorizations are valid for shorter periods of time as the general permit nears its expiration date. Letters of Permission are normally issued for 3 years. Standard Individual Permits are normally issued for 3 to 5 years. In some cases, such as maintenance dredging, a standard permit may be issued for up to 10 years.

The terms and conditions of a proffered Letter of Permission or Standard Individual Permit may be appealed by the applicant under certain circumstances. Nationwide Permit and Regional General Permit verifications are not appealable. The Corps' Northwestern Division Engineer must receive a request for appeal within 60 days of the permit decision date.

Published Decision Time
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After receipt of a complete application, the Corps' goal is to process the application within the following timeframes:

  • Regional General Permit: 60 days
  • Nationwide Permit: 60 days
  • Letter of Permission: 120 days
  • Standard Individual Permit: 120 days

However, the actual time to complete a permit decision on a particular application depends on the project's complexity, impact on the aquatic environment, affect on ESA-listed species, archaeological and/or tribal issues, Corps workload, and other factors.

Legal authority
Notes / Comments

You may also need to provide additional information addressing cultural resources, project alternatives, compensatory mitigation and other factors, depending on the location, scope, and nature of your project.

Public Notification:

  • Regional General Permit: In some cases, a 7- to 21-day notification to certain resource agencies.
  • Nationwide Permit: In some cases, a 10-day fax notification to 4 resource agencies.
  • Letter of Permission: 7-day fax notification to 3 or 4 resource agencies.
  • Standard Individual Permit: 30-day public notice to individuals, organizations, governments, elected officials, tribes, and others on the Corps' mailing list.

Permit Term Extension: You may be eligible to extend the expiration date of a Letter of Permission or Standard Individual Permit. You must request an extension from the Corps at least one month before your permit expires. Expired individual permits may not be extended.

Related Entries
Contacts
US Army Corps of Engineers
Seattle District Regulatory Branch
PO Box 3755
Seattle WA 98124-2255
Website: http://www.nws.usace.army.mil/Missions/Civil-Works/Regulatory/
Telephone: (206) 764-3495
Fax: (206) 764-6602
Triggering Questions
  • Does the proposal involve work in, over, under, or affecting a navigable water of the United States?
  • Does the proposal involve construction within navigable waters of the U.S.?
  • Will the mooring buoy be in navigable waters of the U.S.?
  • Does the proposal involve construction within navigable waters of the U.S.?
  • Do you intend to modify or perform maintenance on a dock?
  • Does the proposal involve construction within navigable waters of the U.S.?
* Credential details last updated 5/31/2022
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