33 C.F.R. § 325.5

Forms of permits

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(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).

(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 § 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 § 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.

Notes of Decisions

Cited in 8 cases, 1979–2006 · leading case: Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006).

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Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006). · cites it 5× “4 (a); 33 C.F.R. § 325.5 (c)(1); 33 C.F.R. § 330.”

Vieux Carre Prop. Owners, Residents & Assocs., Inc. v. Colonel Lloyd Kent Brown, Etc., 875 F.2d 453 (5th Cir. 1989). · cites it 2× “” 33 C.F.R. § 325.5 (a). A “nationwide permit” is simply “a type of general permit.”

Crutchfield v. United States Army Corps of Engineers, 154 F. Supp. 2d 878 (E.D. Va. 2001). · cites it 2× “See 33 C.F.R. § 325.5 . The Corps issues individual permits after reviewing applications.”

Vieux Carre Prop. Owners, Residents & Assocs., Inc. v. Colonel Lloyd Kent Brown, 948 F.2d 1436 (5th Cir. 1991). “33 CFR § 325.5 (a). 4 . A nationwide permit is a form of general permit that authorizes specific types of activities throughout the nation.”

Crutchfield v. United States Army Corps of Engineers, 214 F. Supp. 2d 593 (E.D. Va. 2002). · cites it 2× “See 33 C.F.R. § 325.5 . The Corps issues individual permits after reviewing applications.”

Arkansas Nature All., Inc. v. United States Army Corps of Engineers, 266 F. Supp. 2d 876 (E.D. Ark. 2003). · cites it 2× “33 C.F.R. § 325.5 (b)(2). 52 . 33 C.F.R. § 325 (e)(1) (emphasis added).”

Fast v. W. Transp. Co., 604 P.2d 400 (Or. 1979). “33 CFR § 325.5 (a)(2) (1979) provides that "Special conditions applicable to the specific activity will be included in the permit as necessary to protect the public interest.”

Nathanson v. United States, 702 F.2d 162 (8th Cir. 1983). “Parsons’ directive was consistent with 33 C.F.R. § 325.5 (1982) which specifically provides that “Special conditions applicable to the specific activity will be included in the permit as necessary to protect the public interest.”

— 33 C.F.R. § 325.5(b)(2) — 1 case

Arkansas Nature All., Inc. v. United States Army Corps of Engineers, 266 F. Supp. 2d 876 (E.D. Ark. 2003). “33 C.F.R. § 325.5 (b)(2). 52 . 33 C.F.R. § 325 (e)(1) (emphasis added).”

— 33 C.F.R. § 325.5(c)(1) — 1 case

Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006). “4 (a); 33 C.F.R. § 325.5 (c)(1); 33 C.F.R. § 330.”

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