Help! I need a federal permit to build my dream house

Building your dream home can be an exciting journey, but it can also come with unexpected challenges, especially when it involves impacts to federally regulated waters and wetlands. If you find yourself in this situation, where your home construction project requires a federal permit due to impacts on Waters of the United States (WOTUS), here's some of what you need to know to navigate the process successfully:

Understanding WOTUS and Federal Permitting

WOTUS refers to navigable waters, tributaries to navigable waters, interstate waters, and adjacent wetlands that are subject to federal jurisdiction under the Clean Water Act. If your property contains wetlands that are considered WOTUS and your construction project will impact these wetlands, you will likely need a federal permit from the U.S. Army Corps of Engineers (USACE) to proceed.

Federal Permitting Process for Homeowners

The federal permitting process for homeowners impacting WOTUS wetlands typically involves the following steps:

  1. Identify Wetland Impacts: After delineating wetlands on your property and ensuring that impacts to them are unavoidable, we’ll conduct a thorough assessment of the wetland impacts on your property and determine whether they fall under federal jurisdiction as WOTUS.

  2. Consult with Regulatory Agencies: We’ll schedule and lead consultations with the U.S. Army Corps of Engineers (USACE) and other relevant regulatory agencies on your behalf to discuss your project and determine the necessary permits and mitigation requirements..

  3. Prepare a Permit Application: Our team will prepare and submit a permit application to the USACE, including the wetland delineation reports, a permit application (called a ‘JARPA’ or ‘PCN’) and a mitigation plan to offset the wetland impacts to ensure ‘no net loss’. We will ensure that your application meets all regulatory requirements and addresses the concerns of the regulatory agencies.

  4. Mitigation Requirements: We will work with you to develop a wetland mitigation plan to offset the impacts to WOTUS wetlands. This plan may include restoring, enhancing, or creating new wetlands on your property or elsewhere, and we will ensure that it meets the requirements set forth by the regulatory agencies.

  5. Permit Decision: After reviewing your application and considering public comments, the USACE will make a decision on whether to issue the permit, with or without conditions.

  6. Mitigation Monitoring: After your permit is approved, we’ll help you comply with the permit conditions, including monitoring and maintaining the wetland mitigation site as required.

How We Can Help

Navigating the federal permitting process for wetland impacts can be complex, but you don't have to do it alone. Our team of environmental permitting experts specializes in assisting homeowners with obtaining federal permits for construction projects impacting wetlands. Contact us to learn more about how we can help you navigate the permitting process and ensure compliance with federal regulations.