Regulatory Program - Alabama

The division's regulatory boundary for Alabama is managed by Nashville District.

Alabama Regulatory Boundary

The division's regulatory boundary for Alabama is managed by Nashville District.

SHARE IMAGE:

Download Image

Image Details

Photo By: Lucas Morrow

VIRIN: 240827-F-IQ439-002

What We Do

We are dedicated to providing strong protection of Alabama's aquatic resources and wetlands by reviewing and approving projects that might impact the state of Alabama. Applications are reviewed on a first come-first served basis with a target response time of 60 days after an application is submitted. Early coordination makes the process easier for you and will help towards a timely authorization. Pre-application meetings are encouraged, particularly for larger projects.

Authorities

• Section 10 of the Rivers & Harbors Act: All work in, over, or under navigable water within Alabama under Nashville District's area of responsibility requires authorization.
  • Cumberland River and Tributaries
  • Tennessee River and Tributaries
  • The Conasauga River in Polk County, Tennessee, is considered navigable entirely within the state of Tennessee.
• Section 404 of the Clean Water Act: All discharges of dredged or fill material into waters of the U.S. (generally lakes, rivers, streams, wetlands, etc.) require authorization.

Types of Permits

1. Nationwide Permits are a series of general permits issued by USACE for minor projects in certain areas. All nationwide permits have special conditions which must be met in order for a project to qualify for nationwide permit status. Some nationwide permits also require pre-construction notification to the Corps prior to the initiation of any activities.
2. Regional Permits & Programmatic General Permits are types of general permits as defined in 33 CFR 322.2(f) and 33 CFR 323.2(n). They may be issued by a division or district engineer after compliance with the other procedures of this regulation.  
3. Individual Permits are required if your project does not fall under the criteria for a general permit or letter of permission. If your project requires an individual permit, the Corps issues a Public Notice advising all interested parties of the proposed activity. This Public Notice process helps the Corps to evaluate the probable impact of the project as part of the public interest review.

Learn more about types of permits.

Tips for a Smooth Process

• Find the Right Office: Regulatory boundaries are drawn by a combination of state, county, and watershed. Pinpoint your project's location with the USACE Regulatory Boundary Map to confirm the correct servicing district.
• Start Early: Contact us during your planning stage BEFORE submitting an application. We can help guide you.
• Pre-Application Meetings: Pre-application meetings are optional, but highly recommended to understand requirements before submitting. Schedule a pre-application meeting.
• Common Mistakes: Double-check your submission to ensure all parts are complete.

Apply for an Alabama permit within Nashville District

What Happens Next?

• Check Permit Status: If you've applied for a permit, you should have received a file number (e.g., LRN-20XX-0XXXX) and an assigned project manager will contact you.
• When Calling: Leave a detailed voicemail and expect a response within two business days.

Potential Additional Coordination Requirements

Water Quality Certification (WQC)

An individual WQC will be required for any USACE Individual Section 404 Permit involving the discharge of fill material. If WQC is required, USACE may contact you to initiate the process upon receipt of the Joint Permit Application (JPA). The final 2023 Clean Water Act Section 401 Water Quality Certification Improvement Rule (2023 Rule) is grounded in the fundamental authority granted by Congress to states, territories, and Tribes to protect water resources that are essential to healthy people and thriving communities.

Additional Coordination with Agencies

• Alabama Department of Environmental Management (ADEM)  
• Alabama Department of Conservation and Natural Resources  
• Alabama Historical Commission 
• The Cumberland River Compact
• Tennessee Valley Authority (TVA)  
• U.S. Environmental Protection Agency (EPA) Region 4
• U.S. Fish and Wildlife Service-Southeast
• U.S. Geological Survey

Mitigation Requirements

Applicants must describe how they will avoid, minimize, and compensate for impacts to U.S. waters. Mitigation is typically required for permanent wetland losses over 0.1 acres and will be evaluated on a case-by-case basis.

• Compensatory Mitigation

Section 408

USACE can permit others to modify a USACE civil works project if the change won’t harm the public or reduce the project’s effectiveness. Visit our Section 408 page to learn more.

Mining Information

The Nashville District regulates mining activities that involve placing fill material into "waters of the U.S."

• Local Interagency Working Agreement for Coal Mine Permitting, Compliance, & Enforcement Actions in Tennessee
• Standard Operating Procedure: Public Participation Coordination of Coal Mine Permitting Actions in Tennessee
• Kentucky Pre-Application Coordination Process
• Tennessee interagency working agreement for coal mine permitting, compliance and enforcement

Forms and Publications

Alabama 2021 Nationwide Permits

Jurisdictional Determinations

• ENG 6247: Request for Jurisdictional Determination
• ENG 6249: Request for Preliminary Jurisdictional Determination
• Components of a Complete Waters of the U.S. Delineation Report
• Required Permit Drawings

Waterbody Data Forms

• Eastern Mountains and Piedmont Regional Wetland Supplement Data Form
• Atlantic and Gulf Coastal Plain Regional Wetland Supplement Data Form
• US EPA Rapid Bioassessment Protocol (RBP) Stream Data Forms

 Wetland Publications

• 1987 Corps Wetland Delineation Manual (Technical Report Y-87-1)
• Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Regions Version 2.0
• Corps Wetland Management Handbook
• Operational Draft Regional Guidebook for the Functional Assessment of High-Gradient Headwater Streams and Low-Gradient Perennial Streams in Appalachia