[Code of Federal Regulations]

[Title 33, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 33CFR325.5]



[Page 433-434]

 

                TITLE 33--NAVIGATION AND NAVIGABLE WATERS

 

 CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF 

                                 DEFENSE

 

PART 325_PROCESSING OF DEPARTMENT OF THE ARMY PERMITS--Table of Contents

 

Sec.  325.5  Forms of permits.



    (a) General discussion. (1) DA permits under this regulation will be 

in the form of individual permits or general permits. The basic format 

shall be ENG Form 1721, DA Permit (Appendix A).



[[Page 434]]



    (2) The general conditions included in ENG Form 1721 are normally 

applicable to all permits; however, some conditions may not apply to 

certain permits and may be deleted by the issuing officer. Special 

conditions applicable to the specific activity will be included in the 

permit as necessary to protect the public interest in accordance with 

Sec.  325.4 of this part.

    (b) Individual permits--(1) Standard permits. A standard permit is 

one which has been processed through the public interest review 

procedures, including public notice and receipt of comments, described 

throughout this part. The standard individual permit shall be issued 

using ENG Form 1721.

    (2) Letters of permission. A letter of permission will be issued 

where procedures of Sec.  325.2(e)(1) have been followed. It will be in 

letter form and will identify the permittee, the authorized work and 

location of the work, the statutory authority, any limitations on the 

work, a construction time limit and a requirement for a report of 

completed work. A copy of the relevant general conditions from ENG Form 

1721 will be attached and will be incorporated by reference into the 

letter of permission.

    (c) General permits--(1) Regional permits. Regional permits are a 

type of general permit. They may be issued by a division or district 

engineer after compliance with the other procedures of this regulation. 

If the public interest so requires, the issuing authority may condition 

the regional permit to require a case-by-case reporting and 

acknowledgment system. However, no separate applications or other 

authorization documents will be required.

    (2) Nationwide permits. Nationwide permits are a type of general 

permit and represent DA authorizations that have been issued by the 

regulation (33 CFR part 330) for certain specified activities 

nationwide. If certain conditions are met, the specified activities can 

take place without the need for an individual or regional permit.

    (3) Programmatic permits. Programmatic permits are a type of general 

permit founded on an existing state, local or other Federal agency 

program and designed to avoid duplication with that program.

    (d) Section 9 permits. Permits for structures in interstate 

navigable waters of the United States under section 9 of the Rivers and 

Harbors Act of 1899 will be drafted at DA level.