USACE Regulatory Program Authority

The USACE can assist with permitting after a wildfire has occurred. A permit is required from the USACE for activities involving discharge of fill or dredged materials into bodies of water in the US. Dredged material includes the redistribution of rocks, gravel and sediments already in the stream, lake, pond, wetland, etc.


What is it? Under Section 404 of the Clean Water Act a permit is required from the USACE for activities involving discharge of fill or dredged materials into waters of the United States (WOUS). This requirement is not waived in emergency situations. USACE regulations at 33 CFR 325.2(e)(4) define an emergency as a situation that “…would result in an unacceptable hazard to life, a significant loss of property or an immediate, unforeseen and significant economic hardship…”Projects associated with emergency and disaster response situations will receive priority review and expedited response. Potential responses include informing the applicant that a permit is not required for the proposed work, that the project meets the terms and conditions of an issued general permit, or that an individual permit is required.

Who Can Apply? Any party proposing to discharge fill or dredged material into a WOUS. Applications may be submitted at anytime.

Contact Name: Allan Steinle

Contact Phone Number: 505-342-3282 or the main line at 505-342-3100

Contact Email: Allan.E.Steinle@usace.army.mil

Program Website: http://www.spa.usace.army.mil/Missions/RegulatoryProgramandPermits.aspx

Frequently Asked Questions about USACE Permits in an Emergency Situation:
Click here.