Regulatory Program - Ohio

Consider submitting an impact to waters complaint through the Regulatory Request System.

If your project proposes impacts to waters of the United States (including wetlands), you should complete a permit application and submit it to the district office which covers your project. Submittal should include the appropriate documentation of your project including a location map, plan-view (top-view) and cross-section (side-view) drawings. 

See specific APPLICATION SUBMITTAL DIRECTIONS should be directed to the local regulatory office. 

Click here for the Individual Permit Application Form and here for the Nationwide Permit Pre-construction Notification form.  NOTE:  ENG Form 6082 is used for Nationwide Permits.  The document must be opened using Adobe Acrobat, it will not open in a web browser, right click the "Application Form" link and select "Save Link As" to download the application. Then go to the folder you downloaded to and open the PDF document. You may need to select "Enable All Features" to view the form in Adobe Acrobat.

Individual Permit Application Form Instructions

• Instructions for Paying an Individual Permit Fee Using Pay.gov
  NOTE:  Please verify with your Corps Regulatory project manager whether an Individual Permit fee is required for your project.

Information about Jurisdictional Waters can be found here.

If you are unsure if your property contains jurisdictional waters, contact the appropriate District based on the location of your project or issue by clicking here.

Request for Jurisdictional Determination (JD)

Please email completed JD request forms to: 
Buffalo District – LRB.Ohio.RegActions@usace.army.mil
Huntington District – LRH.permits@usace.army.mil
Louisville District – CELRL.Door.To.The.Corps@usace.army.mil
Pittsburgh District – Regulatory.Permits@usace.army.mil

If you do not have internet access, information may be submitted through the U.S. Postal Service to the appropriate Regulatory Office:

U.S. Army Corps of Engineers, Buffalo District
ATTN: Regulatory Branch
478 Main Street
Buffalo, New York 14202
Phone: (716) 879-4330

U.S. Army Corps of Engineers, Huntington District
ATTN: Regulatory Division
502 Eighth Street
Huntington, West Virginia 25701-2070
Phone: (304) 399-5610
Fax: (304) 399-5805

U.S. Army Corps of Engineers, Pittsburgh District
ATTN: Regulatory Division
William S. Moorhead Federal Building
1000 Liberty Avenue
Pittsburgh, Pennsylvania 15222-4186
Phone: (412) 395-7155
Fax: (412) 644-4211

The USACE and the U.S. Environmental Protection Agency define wetlands as follows:

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

In general, wetlands are areas with wetland vegetation (cattails, rushes, sedges, willows, etc.) where the soil is saturated or flooded during a significant portion of the year during most years. Wetlands include swamps, marshes, bogs, and similar areas. Wetlands such as swamps and marshes are often obvious, but some wetlands are not easily recognized, often because they are dry during part of the year or "they just don't look very wet" from the roadside.

The use of the 1987 Corps of Engineers Wetland Delineation Manual and the applicable Regional Supplements is required when any wetland delineation is performed and submitted to USACE. The submitted wetland delineation should be accompanied by appropriate documentation and will be subject to review and validation by USACE.

The Corps Wetland Delineation Manual and Regional Supplements can be found here.

The National Wetland Plant List for each region can be found here.

Section 401 of the Clean Water Act (Water Quality Certification [WQC]): An individual WQC may be required from the state.  The Corps recommends that you contact the Ohio Environmental Protection Agency (OEPA) to determine if this will be required for your project; click here for OEPA information.

Endangered Species:  The Corps is required to coordinate with the  U.S. Fish and Wildlife Service (USFWS) Ohio Ecological Field Office (OHEFO) for any proposed project (all permit types) that may affect a federally listed threatened or endangered species or their designed critical habitat. Specific to Nationwide Permits (NWP), General Condition 18 (Endangered Species), states that a pre-construction notification must be submitted to the Corps if a federally listed species is in the "vicinity" of an applicant's project. You can reach the USFWS OHEFO by address at 4625 Morse Road, Suite 104, Columbus, Ohio 43230, by phone at (614) 416-8993 or by email ohio@fws.gov

To obtain the most up to date information on federally threatened and endangered species applicants are encouraged to utilize the U.S. Fish and Wildlife Service’s (USFWS) Information for Planning and Consultation System (IPaC) found at https://ecos.fws.gov/ipac/

The Ohio Mussel Survey Protocol may be found at the following link:

https://ohiodnr.gov/wps/portal/gov/odnr/buy-and-apply/special-use-permits/collecting-research/ohio-mussel-surveyor

The rabbitsfoot mussel critical habitat map may be found at the following link: https://www.federalregister.gov/d/2015-09200/page-24772

Indiana & Northern Long Eared Bats

• Indiana Bat Summer Survey Guidelines
• Northern Long Eared Bat Factsheet

Northern Massasauga

• Eastern Massasuga Surveyors

Piping Plover

• Piping Plover Critical Habitat Map

For projects along Lake Erie:

• Living on the Coast
• Ohio -  Lake Erie with Littoral Transport Information Fact Sheet
• To learn more regarding permits required by the Ohio Department of Natural Resources (ODNR) and State Coastal Policies, please click here.
• Federal Coastal Consistency:
  • Ohio Coastal Management Consistency Form: This form must be submitted with any permit application proposing a project along Lake Erie.
  • ODNR Federal Consistency Certification Permit Information
  • ODNR Coastal Management Program Information

Historic Properties: The Corps is required to coordinate with the Ohio State Historic Preservation Office (SHPO)  for any project (all types of permits) that may have the potential to cause effects to any property listed or eligible for listing on the National Register of Historic Places.  Specific to NWPs, General Condition 20 contained within, states that a pre-construction notification (PCN) is required for any project that may have the potential to cause effects to any historic properties listed, eligible for listing, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified properties.  Prior to submitting a PCN, it is recommended that the applicant contact the Ohio SHPO.

The Ohio National Register of Historic Places (NRHP) can be found at the following link: 
https://www.ohiohistory.org/preserve/state-historic-preservation-office/nationalregister

When reviewing a PCN, USACE will scope appropriate historic property identification efforts and, if applicable, work with the applicant to take into account the effect of the proposed activity on historic properties.

The Ohio SHPO may be contacted at address at Ohio History Connection, 800 E. 17th Ave., Columbus, Ohio 43211, by phone at (614) 297-2300, or by email at info@ohiohistory.org

When impacts to waters of the United States including wetlands, are proposed, mitigation is often required. The application must include a statement describing how impacts to waters of the United States are to be avoided and minimized.

The objective of compensatory mitigation is to offset environmental losses resulting from unavoidable impacts to waters of the United States. In general, the mitigation should be located within the same watershed as the impact site and should be located where it is most likely to successfully replace functions and services lost as a result of the impact to waters.

Compensatory mitigation can be carried out through four (4) methods: the restoration of a previously-existing wetland or other aquatic site, the establishment (i.e. creation) of a new aquatic site, the enhancement of an existing aquatic site’s functions, or the preservation of an existing aquatic site. There are three (3) mechanisms for providing compensatory mitigation: mitigation banks, in-lieu fee mitigation and permittee-responsible compensatory mitigation.

Typically, compensatory mitigation for NWPs and RGPs will be required for permanent jurisdictional wetland losses greater than 0.1 acre, permanent wetland conversion greater than 0.1 acre, and permanent loss of streams greater than 3/100 acre.  Compensatory mitigation for IPs will be commensurate with the proposed loss of waters of the United States.  Compensatory mitigation for other aquatic resource impacts will be determined on a case-by-case basis.

Ohio Interagency Review Team issues joint public notice regarding "Guidelines for Wetland Mitigation Banking and In-lieu Fee Programs in Ohio, Version 2.0"

Mitigation requirements can be found in Title 33 of the Code of Federal Regulations Part 332.

Regulatory In-Lieu Fee and Bank Information Tracking System (RIBITS) 

Financial Assurances for Compensatory Mitigation Projects

Requirements for a Complete Prospectus

Mechanisms for Conducting Compensatory Mitigation

Long-term Management of Compensatory Mitigation Projects

Site Protection for Compensatory Mitigation Projects

Standard Permits

A Standard Permit is an individual permit that involves a full public interest review of an individual application for a Department of the Army permit. A public notice is distributed to all known interested persons, including federal and state resource agencies, American Indian Tribes, and adjacent property owners. The comment period is usually 30 days. After evaluating all comments and information received, an environmental assessment is prepared and a final decision on the application is made.

The permit decision is generally based on the outcome of a public interest balancing process where the benefits of the project are balanced against the detriments. A permit will be granted unless the proposal is found to be contrary to the public interest.

Letters of Permission

A letter of permission is a type of an individual permit issued through an abbreviated processing procedure that includes coordination with Federal and state fish and wildlife agencies, as required by the Fish and Wildlife Coordination Act, and a public interest evaluation, but without the publishing of an individual public notice (See 33 CFR § 325.2(e)(1)).  A Letter of Permission (LOP) procedure is an alternative procedure for evaluating individual permit applications for activities in waters of the United States authorized by the United States Army Corps of Engineers (Corps).  An LOP procedure serves to reduce the administrative procedures and to expedite permit decisions for cases that include only minor work in waters of the United States that do not have significant individual or cumulative environmental impacts and should encounter no appreciable opposition.  The letter of permission may not be used to authorize the transportation of dredged material for the purpose of dumping it in ocean waters. A LOP may be used in those cases subject to Section 10 of the Rivers and Harbors Act of 1899 when, the proposed work would be minor, would not have significant individual or cumulative impacts on environmental values, and should encounter no appreciable opposition.  To use LOP in cases subject to Section 404 of the Clean Water Act, USACE must first consult with Federal and state fish and wildlife agencies, the Environmental Protection Agency, the state water quality certifying agency on appropriate categories of activities for authorization under LOP procedures.   The Corps must also issue a public notice advertising the proposed list and the LOP procedures, request comments and offer an opportunity for public hearing.  Finally, 401 certification must be issued or waived and, if appropriate, Coastal Zone Management consistency concurrence obtained or presumed either on a generic or individual basis. 

An LOP may include general conditions and appropriate case-specific provisions necessary to protect the environment, including natural and cultural resources.  LOP procedures may not have an expiration date, but LOPs issued under the procedure always will have an expiration date.  The Corps must conduct a public interest evaluation, but there is no requirement for a public notice.  The permittee is responsible for obtaining any additional federal, state, or local permits that may be required.  Prior to authorizing any project, the Corps must conduct a public interest evaluation and coordinate with the U.S. Fish and Wildlife Service (USFWS) and Ohio Department of Natural Resources; and may coordinate with other agencies such as United States Environmental Protection Agency (EPA); Ohio Environmental Protection Agency and the Ohio State Historic Preservation Office depending on the nature of the proposed activities.  Refer to the applicable LOP procedure for the requirements in each case.

Work that does not comply with the provisions of LOP procedure may require authorization by standard individual permit.  Compliance with the LOP procedure, including the general conditions, does not guarantee authorization of the work by an LOP.  Application procedures are included with each LOP procedure.

Regional General Permits

These are for small, specialized projects that are regionally available.

Nationwide Permits

All nationwide permits expire March 14, 2026. (Effective date in parenthesis)

1. Aids to Navigation (2/25/2022)
2. Structures in Artificial Canals (2/25/2022)
3. Maintenance (2/25/2022)
4. Fish and Wildlife Harvesting, Enhancement, and Attraction Devices and Activities (2/25/2022)
5. Scientific Measurement Devices (2/25/2022)
6. Survey Activities (2/25/2022)
7. Outfall Structures and Associated Intake Structures (2/25/2022)
8. Oil and Gas Structures on the Outer Continental Shelf (2/25/2022)
9. Structures in Fleeting and Anchorage Areas (2/25/2022)
10. Mooring Buoys (2/25/2022)
11. Temporary Recreational Structures (2/25/2022)
12. Oil or Natural Gas Pipeline Activities (3/15/2021)
13. Bank Stabilization (2/25/2022)
14. Linear Transportation Projects (2/25/2022)
15. U.S. Coast Guard Approved Bridges (2/25/2022)
16. Return Water From Upland Contained Disposal Areas (2/25/2022)
17. Hydropower Projects (2/25/2022)
18. Minor Discharges (2/25/2022)
19. Minor Dredging (2/25/2022)
20. Response Operations for Oil or Hazardous Substances (2/25/2022)
21.Surface Coal Mining Activities (3/15/2021)
22. Removal of Vessels (2/25/2022)
23. Approved Categorical Exclusions (2/25/2022)
24. Indian Tribe or State Administered Section 404 Programs (2/25/2022)
25. Structural Discharges (2/25/2022)
27. Aquatic Habitat Restoration, Establishment, and Enhancement Activities (2/25/2022)
28. Modifications of Existing Marinas (2/25/2022)
29. Residential Developments (3/15/2021)
30. Moist Soil Management for Wildlife (2/25/2022)
31. Maintenance of Existing Flood Control Facilities (2/25/2022)
32. Completed Enforcement Actions (2/25/2022)
33. Temporary Construction, Access, and Dewatering (2/25/2022)
34. Cranberry Production Activities (2/25/2022)
35. Maintenance Dredging of Existing Basins (2/25/2022)
36. Boat Ramps (2/25/2022)
37. Emergency Watershed Protection and Rehabilitation (2/25/2022)
38. Cleanup of Hazardous and Toxic Waste (2/25/2022)
39. Commercial and Institutional Developments (3/15/2021)
40. Agricultural Activities (3/15/2021)
41. Reshaping Existing Drainage Ditches (2/25/2022)
42. Recreational Facilities (3/15/2021)
43. Stormwater Management Facilities (3/15/2021)
44. Mining Activities (3/15/2021)
45. Repair of Uplands Damaged by Discrete Events (2/25/2022)
46. Discharges in Ditches (2/25/2022)
48. Commercial Shellfish Mariculture Activities (3/15/2021)
49. Coal Remining Activities (2/25/2022)
50. Underground Coal Mining Activities (3/15/2021)
51. Land-Based Renewable Energy Generation Facilities (3/15/2021)
52. Water-Based Renewable Energy Generation Pilot Projects (3/15/2021)
53. Removal of Low-Head Dams (2/25/2022)
54. Living Shorelines (2/25/2022)
55. Seaweed Mariculture Activities (3/15/2021)
56. Finfish Mariculture Activities (3/15/2021)
57. Electric Utility Line and Telecommunications Activities (3/15/2021)
58. Utility Line Activities for Water and Other Substances (3/15/2021)
59. Water Reclamation and Reuse Facilities (2/25/2022)

Additional Notes

The Huntington District processes all highway projects where the Ohio Department of Transportation is the applicant.

Section 10 Streams

Buffalo District

Full list of waterways and portions considered navigable

Huntington District

Louisville District

Pittsburgh District

Submit an impact to waters complaint through the Regulatory Request System.