What is a Section 401 Water Quality Certificate?

It is a state water quality agency's certification that a project will not violate state water quality standards and is required before the Corps can issue a Section 404 permit.

What is the purpose of a Department of the Army Section 404 Permit?

The purpose of the Section 404 program is to insure that the physical, biological, and chemical quality of the nation's water is protected from irresponsible and unregulated discharges of dredged or fill material that could permanently alter or destroy these valuable resources.

Are you planning work in a river/stream, lake or wetland? What work requires a 404 Permit?

If your answer is yes, then you may need a permit from the Corps of Engineers and the Iowa Department of Natural Resources prior to beginning work. The Corps of Engineers regulates structures and work in navigable waters of the United States that impact the navigable capacity of such waters under Section 10 of the Rivers and Harbors Act of 1899. The Corps also regulates the discharge of dredged or fill materials into all regulated waters of the United States, including wetlands under Section 404 of the Clean Water Act.

What is meant by work in a river, lake, or wetland?

Typical activities that the term work refers to include, but are not limited to, dredging, development fills, road fills, bank stabilization (riprap, etc.), dams and dikes, stream channelization, beach protection, levees, breakwaters and bulkheads, seawalls, private and commercial boat docks, marinas, etc.

What are Waters of the United States?

Waters of the United States includes essentially all surface waters such as all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters, and all impoundments of these waters. "Wetlands" are areas characterized by growth of wetland vegetation where the soil is saturated during a portion of the growing season or the surface is flooded during some part of most years.

Who should obtain a permit?

Any person, firm, or agency (including Federal, State, and local government agencies) planning to work in waters of the United States, or dump or place dredged or fill material in waters of the United States, or dump or place dredged or fill material in waters of the United States, must first obtain a permit from the Corps of Engineers. Permits, licenses, variances, or similar authorization may also be required by the other Federal, State and local statutes.

How do I find out if I need a permit? How do I apply for a permit?

Ask the Corps first. As a public service commitment, the Rock Island District Corps of Engineers pledges to respond to all inquiries involving permit matters. Application forms, instructions, and other general assistance needed may be obtained from the Rock Island District at no charge. The application form and instructions are available on the Rock Island District Corps of Engineers webpage.

You may write to them at:

Rock Island District Corps of Engineers
Clock Tower Building
P.O. Box 2004
Rock Island, Illinois 61204-2004

US Army Engineer District
Omaha Corps of Engineers
Post Office Box 5
Omaha, NE 68102

Telephone: 402-221-4133 or 402-896-0896

What types of permits are issued by the Corps?

Nationwide Permits: A nationwide permit is generally the simplest form of the 404 permits and authorizes a category of activities throughout the nation. These permits are valid only if the conditions applicable to the permits are met. If the conditions cannot be met, a regional or individual permit will be required.

Regional Permits: Regional permits are issued by the Corps District Engineer for a general category of activities when the activities are similar in nature and cause minimal environmental impact (both individually and cumulatively) and the regional permit reduces duplication of regulatory control by State and Federal agencies. Contact the District Regulatory office for more information regarding regional permits.

Individual Permits: Individual permits are issued following a full public interest review of an individual application for a Department of the Army permit. A public notice is distributed to all know interested persons. A public notice is also published in a local newspaper by the Iowa Department of Natural Resources. After evaluating all comments and information received, 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. Processing time usually takes 60 to 120 days unless comments are received, a public hearing is required or an environmental statement must be prepared.

You are encouraged to contact the Corps of Engineers for proposed work in waters in your area. Exemptions, nationwide, regional and individual permit requirements will be reviewed. By discussing all information prior to application submittal, your application will be processed more efficiently.

I am looking for all information and regulations for building a private boat dock. I have a cabin that I wish to build on the riverbank. Could you please forward any information or links that may help me?

Docks on the Mississippi River require what are called Section 10 permits. In addition, work on the bank line, such as riprap, dredging/fill also probably require Corps permits. If your cabin/dock is on U.S. government land, you will also need real estate approval from the Corps of Engineers Real Estate Division. You should also check with the Iowa Department of Natural Resources to determine if a permit is needed.

I want to realign a stream, change a stream course, relocate a stream, or enclose a waterway into a pipe drain, conduit, or storm sewer. Do I need to obtain a permit?

A permit is required to alter the course of a stream. Because of the potential negative impacts to fish and wildlife habitat, water quality and natural scenic beauty, the review of projects of this type can be lengthy and possibly require an engineering analysis and Environmental Assessment. Every effort should be made to avoid channelization and use bank stabilization or bioengineering techniques.

I want to place a layer of rock riprap along a shoreline. Do I need to obtain a permit?

A permit is required for placement of riprap.

I want to dredge or remove bed materials (muck, sand, gravel, silt, organic material, etc.) from a river, creek, streambed, or lake. Do I need to obtain a permit?

A permit may be required and the Corps of Engineers and Iowa Department of Natural Resources should be contacted before work begins. Hydraulic dredging may require the testing of the sediment (sieve analysis and elutriate testing) to determine the type of sediment (sand, silt and clay) as well as determining what chemicals may be in the sediment to be dredged. The Iowa Department of Natural Resources prefers upland disposal of the dredged material. Fish and/or mussel surveys may be required before any permits are issued.

How can you help protect Iowa's and the Nation's waters?

The understanding and support of the American people is vital to the success of this program. To protect our nation's, and thus, Iowa's water resources and assure their use and enjoyment for future generations, we must all join this vital effort. We ask your help in "passing the word" to others concerning the permit requirements and solicit your views and comments on better ways of attaining the goals of this program. Your comments, questions, and suggestions should be directed to the Corps of Engineers and/or the Iowa Department of Natural Resources.

Legal References - Statute: Iowa Code Sections 455B, et seq Rules: 567 IAC Chapter 61.

Other Questions? Ask the Corps of Engineers, Iowa Department of Natural Resources Water Resources Section or your regional IDNR Environmental Services Field Office.

This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes and regulations for the specific regulatory language of the different permit programs. This document should not be relied upon to determine whether or not an environmental permit is required. It is your responsibility to obtain and comply with all required permits.