Conduct a wetland, stream, and tidal water reconnaissance survey to identify potential wetlands and other waters in the project vicinity. Use the information you collected to determine which agency has jurisdiction over the waters and your permitting needs. Determine compensatory mitigation options in case impacts are unavoidable.
For emergency projects
Follow the procedure for Section 404 compliance for emergency projects (PDF 161KB). For compliance with Section 401, in addition to the above, submit a Pre-filling meeting request to the Department of Ecology Federal Permits Inbox at: ecyrefedpermits@ecy.wa.gov.
This will start the regulatory clock if your project needs 401 coverage. For both section 404 and section 401 requests, please copy the Ecology Liaison: Penny Kelley at pkel461@ecy.wa.gov .
Conduct a reconnaissance survey
Get the following information from the Project Engineering Office:
- Project description, purpose, and location
- Project plan sheets showing all areas of potential effect or proposed project alternatives, and existing features such as roadway and right of way
- Written right of entry for access to non-Washington State Department of Transportation (WSDOT) property, if within the project area
Review background information for the area on our internal GIS Workbench (or other data sources if you don’t have WSDOT credentials) before doing field work:
For small or simple projects, review of background information may provide enough information for reconnaissance without a field visit.
Avoid poisonous and harmful plants when working in the field. See Poisonous plants of Washington State (PDF 6.5MB) or take our e-learning training.
Make a brief, informal field visit to qualitatively identify potential wetlands and other waters. Create a sketch map to document estimated location of waters. Follow our Sensitive areas naming conventions (PDF 126KB) to label wetlands and other waters on the sketches. If needed, estimate wetland categories by following Ecology’s Wetland Rating Systems webpage.
Prepare an email or memo to summarize your findings. “Right-size” the documentation to fit the needs of your project. For more complicated projects, the memo may include:
- Project description, purpose, location – including local jurisdiction.
- Map of the study area/area of potential affect
- Methods
- Approximate wetland boundary and acreage
- Approximate stream locations
- Estimated locations of other waters
- Map or plan sheet showing all identified waters and estimated area
- Estimated wetland category
- Stream water type using DNR’s Forest Practices Application Mapping Tool website
- Estimated buffers required by the local jurisdiction - See the Municipal Research and Services Center website to look up city or county codes.
Share the information with the project team.
Determine who has jurisdiction & permitting needs
Use the data you collected in the wetland reconnaissance survey to determine if the waters are federally regulated to inform future documentation and permit needs.
Federally regulated waters
The US Army Corps of Engineers (Corps) - The Corps has jurisdiction of Waters of the US (WOTUS) (Section 404 of the Clean Water Act) and Navigable waters (Section 10 of the Rivers & Harbors Act). The Corps also manages some projects, like dikes and levees, next to streams. Use the following tools to determine if the Corps has jurisdiction over your project:
- Corps' limits of Corps Regulatory Jurisdiction website - to determine if the wetlands and other waters in the project area are a Section 404 WOTUS.
- Corps' lists of Navigable Waters in Washington State on the Streams, Rivers, and Tidal Waters page of the Corps Permit Guidebook – to see if a stream is a Section 10 navigable water according to the Corps.
- Corps’ Section 408 website – to determine if there is a Corps project in the project area and to apply for a Section 408 permission.
For Section 404 or 10 waters, use the Corps' 2021 NWP Summary Chart (PDF 518KB) to determine if the work can be verified under a Nationwide Permit (NWP). Most WSDOT projects fit under NWPs:
Check the terms and conditions linked for each NWP above to make sure that the work:
If the work cannot be permitted under a NWP, you will need to apply for an Individual Permit from the Corps during final design. Prepare a Section 404(b)(1) analysis during preliminary design as part of the permit application.
Use the Stormwater & water quality webpage to determine the Section 401 Water Quality Certification needs.
US Coast Guard (USCG) – Get a Navigability Determination from the USCG for work on transportation structures (culvert, buried structure, bridge, approaches, or abutments) over water:
- For bridge work - look up the bridge in our internal Bridge Engineering Information System (BEISt). If you do not see a navigability determination from the USCG in the structure details, contact Glenn Waldron, Glenn.Waldron@wsdot.wa.gov, Bridge Office.
- For culvert work - look up the culvert in our internal Fish Passage Site Management System. If you do not see a navigability determination from the USCG in the attachments for your site, contact Steph Jackson, Stephanie.Jackson@wsdot.wa.gov, Environmental Services Office.
Keep a copy of the navigability determination letter from the USCG with your other work records. Note the date of the letter in your environmental document. Contact Glenn Waldron, Glenn.Waldron@wsdot.wa.gov, for next steps if the letter indicates that the waterbody is navigable and that a permit or additional coordination is needed. If you need a bridge permit, use the Stormwater & water quality webpage to determine the Section 401 Water Quality Certification needs.
Non-federally regulated waters
If the water is not federally regulated by the Corps under Section 404 or 10, Ecology likely has jurisdiction as a water of the state. If you are not sure if Ecology would regulate the wetland or other water, contact the Ecology Liaisons.
If your project will work in non-federally regulated waters, you will need to apply for an Administrative Order (AO) from Ecology during final design. To get the AO, request an Approved Jurisdictional Determination from the Corps during preliminary design, after you complete your wetland delineation.
Coastal zones
If the project is in one of the 15 coastal counties and requires one of the federal licenses or permits listed for Washington State on the National Oceanic & Atmospheric Administration’s State Federal Consistency list website, you will need a Coastal Zone Management (CZM) Act Consistency Determination in final design.
If the work only needs a Section 404 Nationwide Permit, Regional Conditions for Seattle District (PDF 1.5MB) or the NWP terms and conditions to see if you need to apply for CZM review or if it’s programmatically covered.
Shorelines
Determine if your work is in an area that triggers a Shoreline Permit:
- Within 200 feet of a shoreline of statewide significance – Check the local agency map of Shoreline areas or our internal GIS Workbench.
- Listed under a local shoreline master plan or ordinance - Check the local agency plans and codes.
If your project qualifies for a Fish Habitat Enhancement (FHEP) Hydraulic Project Approval (HPA), do not apply for a shoreline permit or approval. If your fish passage project does not qualify for an FHEP HPA, you do not need a Shoreline Substantial Development Permit but you may need one of the other permits and approvals listed below. Use the Fish webpage to determine if your project qualifies for an FHEP HPA.
The optional shoreline process under RCW 90.58.355(3) allows WSDOT to perform certain maintenance, repair, safety, and replacement work without applying for a shoreline permit or approval. Check RCW 90.58.356 to determine if your project meets the criteria for this process. If the project does not require a permit and will cost more than $1 million to plan and design, send written notification of the project prior to construction to all:
- Agencies, federal and state, with jurisdiction in the area, including the Ecology Regional Planner.
- Agencies with facilities or services that may be impacted by the project, including utility companies, transit systems, and schools.
- Adjacent property owners within 300 feet of the shoreline jurisdiction area.
If there are many property owners or if the local agency’s permit process is complex, consider applying for a shoreline permit or approval instead.
If your project doesn’t meet the criteria for an optional shoreline process, apply for a shorelines permit or approval during final design. Check the local agency’s shoreline management program (SMP) and codes to determine which type of Shoreline Permit you may need:
- Substantial Development Permit – work is consistent with the local agency’s shoreline master program (SMP).
- Conditional Use Permit – proposed work is listed as a conditional use or is not addressed in the SMP.
- Variance – Work doesn’t fit the development regulations in the SMP. Ecology must review and approve all variances.
- Letter of exemption – proposed work within shoreline jurisdiction that qualifies for exemptions under RCW 90.58 or the local Shoreline Master Program that does not fit under the optional shoreline process.
Bundle fish passage projects
Consider bundling (submitting multiple projects in one application) fish passage projects if they meet all the following criteria to help expedite permit decisions:
- On the same creek, are tributaries on the same creek, or are nearby creeks feeding the same river
- In the same WRIA and/or the same watershed
- Have similar site or construction conditions
- Meet stream simulation/bridge criteria design
- Designed and ready for permitting application at the same time
- Are not politically sensitive, very complex or includes an unusual or overly complex site or construction conditions
If you think your projects quality for bunding, coordinate with the liaisons during preliminary design.
Research compensatory mitigation options
If unavoidable impacts will occur, consider compensatory mitigation options in this order:
1. WSDOT mitigation credits - Determine if the project is within the service area of a WSDOT-owned mitigation bank, advance compensatory mitigation site (compensation site), or a nearby concurrent compensation site with excess credit. Find our mitigation bank service areas on our internal GIS Workbench. Contact a headquarters or region specialist to determine if credits are available and appropriate for the potential project impacts.
2. Third-party mitigation credits - Determine if the project is in a third-party mitigation bank or in-lieu fee service area. Refer to Ecology’s Wetland mitigation resources webpage for availability of third-party mitigation bank or in-lieu fee programs.
Contact the bank or in-lieu fee sponsor directly to determine available credits. See the bank or in-lieu fee sponsor website for details related to requirements for credit use. Wait until permits have been approved before you purchase credits.
3. Create a new WSDOT compensatory mitigation site - Design an advance or concurrent compensatory mitigation site. See Ecology’s Wetland mitigation banking webpage for how to become a bank sponsor. See the 2012 Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation on Ecology's webpage for how to develop an advance compensatory mitigation site. To construct a new compensatory mitigation site concurrently with the project, initiate your site selection process after you identify preliminary compensatory mitigation requirements in preliminary design.
Coordinate with liaisons
You may coordinate with the Corps and Ecology Liaisons if you need help scoping the permitting needs. For example, to support Planning and Environmental Linkage studies, if you aren’t sure if the work fits a NWP, or there aren’t mitigation options in your project area and you intend to construct a new compensation site. Find instructions for how to coordinate with the liaisons in preliminary design.
Assess wetlands and other waters in the project vicinity, then document in a Wetland and Stream Assessment Report. Document planned project impacts to those waters and how they will be avoided or minimized in the National Environmental Policy Act (NEPA) document. If unavoidable impacts will occur, write a Conceptual or Draft Mitigation Plan. Request a pre-application meeting if needed.
Write the Wetland & Stream Assessment Report
If you will hire a consultant to do the assessment, use the Generic Scope of Work for Delineation (DOCX 51KB) to build the wetland and stream delineation and assessment section in your consultant contract. Review our Minimum Qualifications for Wetland Biologists (PDF 566) for hiring requirements.
Review the project information you collected from the wetland reconnaissance survey during scoping.
Use the Wetland and Stream Assessment Report (WSAR) tools, templates, & links to perform field work and prepare the report.
Coordinate with your region’s survey crew following field work. Provide a sketch map of all identified waters. Coordinate with the Project Engineer Office to develop and finalize plan sheets showing all identified waters and their buffers. Follow our Sensitive areas naming conventions (PDF 562KB) when identifying wetlands and other waters on plans and figures.
If wetlands or other waters are present in the project, follow the Corp’s Components of a Complete Wetland Delineation Report (PDF 124KB). Use our WSAR template (DOC 117KB) to document the findings of your assessment. See example reports in tools, templates, & links. Avoid discussing jurisdiction or impacts in the WSAR. Reports are valid for five years from the date of the field work. If the project is delayed, review field work and update the WSAR or prepare a report addendum.
Document wetlands
Delineate, rate, and perform a functions assessment for all potentially impacted wetlands in the project study area using the applicable tools, templates, & links. This includes wetlands occurring both below and above the Ordinary High Water Mark (OHWM).
For fish passage projects, document the functions and explain the ecological benefits of the project in the Section 404 permit application.
Document streams & tidal waters
Delineate OHWM for non-tidal streams and other waters and the High Tide Line (HTL) for tidal waters using the tools, templates, & links. Tidal water includes tidally influenced freshwater or brackish systems like river mouths. When delineating HTL, WSDOT staff, coordinate with your Corps liaisons prior to submitting your permit application. External partners, coordinate with your WSDOT project contact.
Include Mean High Water elevation on plan sheets with the HTL, to indicate the Corp's Section 10 limit of jurisdiction.
Evaluate ditches
Choose one to several, safe to access, representative ditch sections depending on the size of the project study area. Record width of the ditch between the OHWM on each bank. Ask the survey crew to survey all ditch bottoms in your project.
For ditches meeting WOTUS wetland criteria:
- Document these wetland ditches in the wetland section of the WSAR.
- Survey the ditch area and show feature(s) on plan sheets with a wetland boundary.
For ditches carrying streams/tributaries meeting WOTUS criteria:
- Document these channelized streams in the stream section of the WSAR.
- Survey the ditch area and show feature(s) on plan sheets with an OHWM or HTL boundary. In ditches lacking OHWM, use indicators of flow such as vegetation bent in the direction of flow, debris lines, or sediment deposition or sorting to estimate the OHWM.
For ditches excavated in uplands, and not carrying a WOTUS stream/tributary:
- Show these jurisdictional ditch feature(s) on plan sheets with a surveyed “jurisdictional ditch centerline.”
Don’t document jurisdictional ditches in the WSAR or in a separate ditch memo. If the project may impact jurisdictional ditches, document proposed area of impacts (not volume) in the permit application and drawings. If submitting a Joint Aquatic Resources Permit Application (JARPA), provide a narrative of proposed jurisdictional ditch impacts in the stream section after describing all other WOTUS tributaries. Use a line break to separate the two. Provide call outs and/or tables on JARPA drawings quantifying the area of impacted ditch sections. Use ditch width measurements collected during the field assessment. Include latitude and longitude for the center point of each impacted ditch section.
Document buffers
Look up city or county codes on the Municipal Research and Services Center website to determine regulatory buffer requirements for wetlands and other waters in the area of potential effect.
Apply the most conservative, or widest applicable buffer, when given a range of buffer widths to interpret. Permitting agencies consider transportation projects, including fish passage projects, as high intensity land use, major new development, or other similar land use designations.
Some projects may span several jurisdictions including cities, counties, and tribal lands. Apply each tribal or local agency’s buffer requirements to the waters that fall within their political boundary.
Don’t extend buffers onto or beyond an existing roadway. Show buffer lines as generic "buffer" on plan sheets and permit application drawings instead of with modifiers such as "wetland buffer" and "stream buffer." Follow Wetland & Stream Buffers Across Roadways & Buffer Overlaps (PDF 227KB) for wetland buffers adjacent to or extending across roadways.
Document buffers on plans and permit application drawings.
Apply for an Approved Jurisdictional Determination from the Corps
For most projects, assume the Corps has jurisdiction over all wetlands and other waters to expedite project permitting. The Corps will use the permit application documents during final design to make a jurisdictional determination.
Apply for an Approved Jurisdictional Determination (AJD) during preliminary design if you have a unique project where it would be beneficial for the waters to be non-federally regulated. Use the Corps’ Regulatory Guidance Letter (RGL) 16-01: Jurisdictional Determinations (PDF 66KB). With the form in the RGL, submit the following documents to the Corps liaisons, cc’ing the Ecology liaisons:
- Drawings showing the location of waters in the project area and the relationship between ditches, streams, wetlands, and traditional navigable waters.
- The WSAR with all appendices.
Document impacts
Compare the surveyed wetland boundaries from the WSAR to proposed impact areas within the project area. Use the Common types of work and their impacts (PDF 185KB) for help determining what type of impact your proposed work will have on wetlands and streams.
Document potential impacts to wetlands and other waters and how they will be mitigated in the National Environmental Policy Act (NEPA) document. Use the Wetland Discipline Report (PDF 49KB) checklist if needed. If impacts to wetlands and other waters will be completely avoided, this documentation during NEPA is all you need.
Prepare a Section 404(b)(1) alternatives analysis
If you determined during scoping that you will need an Individual Section 404 permit, prepare a Section 404(b)(1) alternatives analysis as part of the NEPA document or as a separate report. Use the Corps Alternatives analysis framework (PDF 151KB) and the AASHTO Practitioners Handbook 14: Applying the Section 404(b)(1) Guidelines in Transportation Project Decision-Making website to prepare the analysis. Put the required information into the NEPA document or into a separate report with our Section 404(b)(1) alternatives analysis template (DOCX 57KB). Ask the Permitting liaisons to review the analysis before you finalize it.
Write the Mitigation Plan
If there will be unavoidable impacts, follow the Corp’s Components of a mitigation plan (PDF 68KB) and Ecology’s Wetland Mitigation in Washington State: Part 2 – Developing Mitigation Plans (Joint Guidance) for Mitigation Plan requirements. Use our Mitigation Plan template (DOCX 119KB) that has comments with further instruction. Contact headquarters technical specialists to help review your Conceptual and Draft Mitigation Plan.
If you will purchase or use existing credits, write a Credit Use Plan and append it to the Mitigation Plan. See Washington State Department of Ecology's (Ecology) Wetland mitigation banking webpage for guidance on contents of Bank Credit Use Plans.
The Credit Use Plan should include:
- Project description
- Aquatic resources impacts description (including acreage, function, and reference to the WSAR)
- Avoidance and minimization measures
- Description of how the compensatory mitigation option was determined
- Description of how the compensatory mitigation option provides appropriate compensation for impacted acreage and function of aquatic resources
- Ledger showing debits and remaining credits
If developing a new compensation site, use Ecology’s Selecting Wetland Mitigation Sites Using a Watershed Approach (Western Washington [PDF 1MB]) (Eastern Washington [PDF 2MB]) to select a site. Use Ecology’s 2012 Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation (PDF 368KB) to determine when the agencies will consider a new site advance mitigation. Initiate property acquisition. Conduct on-site vegetation, soil, and hydrological surveys. Document wetlands or other waters currently on the site in a WSAR. Use Writing Performance Standards for Wetland Mitigation (PDF 216KB) to help draft performance standards.
Determine how to protect the site in perpetuity. Consider opportunities to develop partnerships with other natural resource management entities or local jurisdictions. If possible, find willing partners we can transfer the compensation site to for long-term management.
If the site design for a new concurrent compensation site includes more wetland area than needed for project compensation, propose that the excess be available for use by other projects. Clearly state in the Mitigation Plan that any additional credit approved by the permitting agencies will be available for later use.
Pre-application coordination
Pre-application coordination may occur when the project engineer or regional/modal environmental coordinator or biologist cannot answer the complex questions with our web site and the Environmental Manual.
Pre-application meetings
Consider having a pre-application meeting with the Permitting Liaisons when a project:
- Has unique work or construction methodology and you aren’t sure of the types of impacts it will have.
- Involves multiple partners (like a tribe) or stakeholders who have concerns that will not be resolved before the application is submitted.
- Doesn’t have a Federal Highways Administration nexus and the Corps is the federal lead.
- Is a bundle of multiple fish passage projects.
- Mitigation Plan is not consistent with the Joint Guidance.
Discuss project questions with the Corps and Ecology liaisons at the Liaison Permitting Team meetings. The meetings occur every Monday from 9:30am to 11am. To get on the agenda for a Monday meeting or to schedule a separate pre-application meeting, email the Permitting Liaison Program Manager, Steph Jackson, at Stephanie.Jackson@WSDOT.wa.gov.
Send the following information to the liaisons, coordinator, and program manager one week before the pre-application meeting:
- List of questions you have for the liaisons
- Project description
- Draft plan sheets
- WSAR or other delineation documents that show the location and classification of wetlands to be impacted
- Estimated impacts for the whole project, each wetland, and total loss of waters
- Ratings of wetlands that may be impacted
- Which NWP you think the work can be covered under
Other information you may end to help the liaisons understand the project includes:
- Site photos or drone footage
- Draft mitigation plan
- Draft JARPA form
- Topographical maps
- Timeline or summary of partner and stakeholder coordination
- Anything you think will help the liaisons better understand the project scope, impacts, or mitigation proposal
Design build projects
Use the information below to coordinate with the permitting liaisons for design build projects. Find more information on design build, see the Design-build webpage.
Prior to requests for proposal
Prior to requests for proposal, you usually will only have general or incomplete design information. Use the webpages during scoping to answer your questions and make a preliminary scope of permitting needs for the project. Contractors should use the webpages to determine staffing needs and develop statements of qualifications. Direct any questions you cannot answer to the Project Engineer.
During procurement
You will have more design information and may have more design-specific questions. Use the webpages to answer your questions. Discuss your questions with the Project Engineer anytime there may be an issue or concern regarding contract requirements. If you still have unanswered questions, schedule a pre-application meeting with the liaisons.
After apparent best value determination
Once a contractor is chosen, the design will become more specific. If the project has an assigned liaison, ask them your questions directly. If not, you may need a pre-application meeting. See the Pre-application coordination section above.
The contractor should still go through the project engineer and environmental coordinator before contacting the liaisons. The chosen contractor may contact the liaisons directly with questions only if they cc the WSDOT environmental coordinator.
Apply for a permit to work in or over waters. Apply for an Administrative Order. Finalize the Mitigation Plan and purchase third-party mitigation credits if needed.
Apply for Section 404/Section 10 permits & Administrative Orders
See the Application documents matrix (PDF 84KB) to find out what documents to submit with your application.
Determine if an application is needed for Nationwide Permits
If the work fits a Nationwide Permit (NWP), check the National, Regional, and NWP-specific conditions to determine if you need to submit a Pre-Construction Notification (PCN), or application. Some projects may be covered under the NWPs without an application to the Corps. If no application is needed, document the coverage under the NWPs in Non-notifying NWP memo to file (DOCX 55KB).
Prepare the application
Application form
Use one of the following application forms depending on the type of work and type of permit coverage needed:
Supplemental information
Submit the following information for a complete application.
- Wetland assessment report including data forms and ratings
- Documentation that the work complies with other federal laws, including Section 106 of the National Historic Preservation Act (consultation must be complete for the Corps to issue a permit decision) and Endangered Species Act (ESA) (consultation must be complete for the Corps to issue a permit decision if they are the federal lead agency)
- Mitigation plan - if greater than 1/10th acre of permanent wetland loss or greater than 3/100ths of an acre of streambed loss.
- Restoration plan – Show how impacted areas will be revegetated.
- Color photos of pre-project condition showing the Water of the US and Shoreline condition- This requirement is met if there are photos in the assessment report or mitigation plan. Additional photos assist the liaisons' understanding of site conditions and facilitate project review.
For NWP coverage, also submit information required by Regional General Conditions. Please note that you may be required to apply for Individual Water Quality Certification coverage. See the Stormwater and water quality webpage for more information.
For Individual Permits, also submit the Section 404(b)(1) alternatives analysis from preliminary design and the required CZMA documents.
For Administrative Orders, also submit the Approved JD from the Corps and erosion and stormwater control plans. See the Stormwater & water quality webpage for instructions on how to prepare Erosion and Sediment Control Plan (TESC), Stormwater Pollution Prevention Plan (SWPPP), and Water Quality Monitoring and Protection Plans during final design.
Tribal summary
With the application for NWP coverage or an Individual Permit, submit a chronological summary of all the tribal coordination efforts, which tribes were consulted, issues that were raised, resolution of issues, and approvals of the design by the tribes. The Corps doesn’t require this information, but it will help you get through permitting quicker.
Drawings
All application drawings must meet the requirements on the Corps’ Drawing Checklist (PDF 43KB). Find sample drawings for different types of work on the Corps' Electronic Permit Guidebook - Samples & Drawing Checklist. Ensure that the information provided in your drawings match the information throughout your application materials.
Drawings should clearly show:
- Existing conditions
- Location of waters of the US and the State and their buffers
- Proposed work details (area, depths, quantities, and material types) - Include information on tree removal through AutoCAD or by providing additional information. Although not required, it facilitates a better understanding of the work and site conditions for review.
- Impacts (permanent and temporary) from the proposed work
Use the Environmental Permit Application Drawing Template (PDF 613KB) for recommended title blocks, colors, symbols, hatch patterns, fonts, and page layouts. In the MicroStation WSDOT menu, use the search function to find the permit application or Environmental Permit elements.
Submit the permit applications
Before you submit an application, you must perform a Quality and Assurances Check (QA/QC). Ask a coworker or supervisor who is not familiar with the project to review the application for completeness and clarity. Thorough QA/QCs have been shown to greatly reduce permit issuance times.
To the Corps
Follow the steps below to format electronic application documents:
- If you have already been assigned a Corps reference number, put the Corps reference number in the subject and body of the submittal email and on all application documents. If you do not have a reference number, leave a space to add one in the future.
- Convert all documents to PDFs.
- Submit each application document as a separate file. Do not combine documents into a single large file.
- Reduce the file sizes as much as possible.
- Name each file using this format: YYYYMMDD-DocumentType.pdf. Use the document submittal date and the “DocumentType” acronym from the JARPA and supplemental documents matrix (PDF 52KB). Use the date you submit the application at the beginning of the file name.
Send an email to the Corps application email address, NWS-PermitApp@usace.army.mil, cc’ing the Corps Permitting Liaison assigned to the project and program management staff, and either:
- Attach documents to the email – The Corps can receive emails with up to 40 mb of attachments. Send multiple emails if the attachments are larger than the limit and include the number of emails in the subject line. Example: NWS-1234-5278 Project Name application (1 of 3).
- Post documents to ftp sites – Request a link to the Corps ftp site from the Corps application email address. The Corps will send you a single-use link to access their ftp site. Post the application documents by following the instructions on the site.
To Ecology
For an Administrative Order, send the application documents in an email to ecyrefedpermits@ecy.wa.gov, cc’ing the Ecology and Corps permitting liaisons at ESOPermittingliaisons@wsdot.wa.gov and program management staff, and either:
- Attach documents to the email – Ecology can receive emails with up to 30 mb of attachments. If the attachments are more than 30 mb, follow the ftp instructions below.
- Post documents to ftp sites – Send a link to the WSDOT ftp website folder where the documents are located in the body of the email. Attach the Joint Aquatic Resource Permit Application (JARPA) directly to the email.
Apply for a Coastal Zone Management Act Consistency Determination
If the project needs a listed federal permit or license and is not programmatically covered by the NWPs’ determination, email the Federal Consistency Certification form for activities which require federal approval (PDF 198KB) to the Corps liaisons as part of the Section 404/10 Permit application or to the USCG for a Section 9 Bridge Permit. The Corps needs the form before they can issue the public notice for an Individual Permit. Please note that this includes Water Quality Certifications that may be required under reverification of section 404 permits. For more information on Individual Water Quality Certifications, See the Stormwater and water quality webpage for more information.
Apply for a Shoreline permit or approval
To apply for a shoreline permit or approval, contact the shoreline planner at the city or county for direction on how to get a shoreline permit. Determine whether the local agency requires a JARPA or using their own permit application.
Finalize the Mitigation Plan
Before you finalize the plan, get written conditional approval of the Draft Mitigation Plan from the permitting agencies. Prepare the final compensatory mitigation site design for contract during the design phase with development of the final plans, specifications, and estimates.
If you are developing a new compensatory mitigation site (compensation site), submit a Draft Long-Term Management (LTM) Plan to the Corps and Ecology. Incorporate the LTM Plan as an addendum to the approved Mitigation Plan or as a separate memorandum. The agencies must approve the LTM plan before the end of the compensation site monitoring period.
Purchase third-party mitigation credits once the permitting agencies approve the Credit Use Plan. If there’s more than one bank, continue with a competitive process or document a formal justification as to why you won’t. If there’s only one bank, pursue a sole source of contract. Complete a formal sole source justification. Post all credit purchases on The Department of Enterprise Services, Washington Electronic Business Solutions as required.
Work with a procurement professional or contracting officer to create a contract between WSDOT and the bank sponsor. Use the standard form contract. Contact your contracting officer if you need assistance.
Obtain and pay an invoice from the bank sponsor. Use the appropriate contract number and object code JA11 on the payment document.
Modify permits
If your design or impacts change after you receive permits, contact the Corps and Ecology.
Environmental Manual Chapter 431: Wetlands (PDF 223KB) - Become familiar with policies and our process for protecting wetlands, streams, and other aquatic resources.
Wetlands webinars (FTP server) - Find webinars on wetlands and other waters technical topics.
US Army Corps of Engineers (Corps) Electronic Permit Guidebook - Information on Corps regulatory jurisdiction, delineating federally jurisdictional waters, evaluating impacts, applying for permits, and mitigating for impacts.
Corps’ Regulatory Guidance Letters – Find Regulatory Guidance Letters (RGLs) with Corps how-to guidance.
Section 404 compliance for emergency projects (PDF 506KB) – To coordinate with the Corps when there is an emergency with impacts to Waters of the US.
Wetland, stream & tidal water reconnaissance
US Fish and Wildlife National Wetland Inventory
The Washington Natural Heritage Program (WNHP) Data Explorer website - To search for Wetlands of High Conservation Value.
Natural Resources Conservation Service (NRCS) Web Soil Survey
NRCS Official Soil Series Descriptions
Sensitive Areas Naming and Flagging Conventions (PDF 562KB) - When identifying wetlands and other waters in the field.
DNR’s Forest Practices Application Mapping Tool - To find stream water type.
Municipal Research and Services Center - Look up city or county codes.
Wetland & Stream Assessment Reports
Wetland and Stream Assessment Report Template (DOC 117KB)
Example Wetland and Stream Assessment Reports:
Wetland and Stream Assessment Report Review Tips (PDF 170KB) - Tips for reviewing WSARs and making sure they are complete.
Generic Scope of Work for Delineation (DOCX 54KB) - Build the wetland and stream delineation and assessment section in your consultant contract.
Minimum Qualifications for Wetland Biologists (PDF 566KB) - Required qualifications for WSDOT and consultant biologists working on WSDOT projects.
Sensitive Areas Naming & Flagging Conventions (PDF 562KB) - Follow when identifying wetlands and other waters in the field.
Wetland delineation
Corps of Engineers Wetlands Delineation Manual (PDF 1.3MB)
NRCS Major Land Use Resource Areas map (PDF 626KB) - Determine which Land Resource Region (LRR) your project is in.
Corps Regional Supplements to the Corps of Engineers Wetland Delineation Manual - Western Mountains Supplement for delineations in LRR A or LRR E and Arid West Supplement for delineations in LRR B.
Wetland Determination Data Forms (FTP server) - Record sample point data. The forms require a full Windows operating system and Excel. Mobile versions do not support the macros used in the forms. Built-in features of our forms include tools for inserting scientific plant names with their associated wetland indicator status (WIS), also referred to as “FAC status”, automated calculations, and dropdown menus for common responses.
Delineating Wetlands, Streams, & Buffers Adjacent to or Within Road Prisms (PDF 212KB) - Delineate wetlands on or next to the roadway prism.
Cut Slope Wetlands (PDF 229KB) - Delineate wetlands on cut slopes.
Vegetation
Corp’s National Wetland Plant List - Download the most recent plant list.
Wetland Monitoring Plant List (PDF 271KB) - Record field data for plants commonly found in Washington. This list provides scientific and common names, native vs. introduced, and WIS of a subset of commonly encountered plants. A corresponding auto-text macro for Microsoft Word inserts information when you enter plant codes, including scientific name, common name, and WIS. Find installation instructions, plant codes, and the macro file “Autotext_Plants.dotm” on our public FTP server.
Poisonous plants of Washington State (PDF 6.5MB) and e-learning training - Avoid poisonous and harmful plants when working in the field.
Soils
NRCS Field Indicators of Hydric Soils in the United States (PDF 14.3MB) - Determine presence of hydric soil indicators.
NRCS Field Book for Sampling and Describing Soils - Key descriptors, conventions, and concepts from soil science and geomorphology.
NRCS Web Soil Survey - Soil data and maps for your project area.
NRCS Official Soil Series Descriptions - Reference all existing soil series descriptions applicable to the mapped soils in the project.
NRCS State Soil Data Access Hydric Soils List - Map units in the US with either a major or minor component that is at least partially hydric.
Hydrology
How to Determine if Observed Precipitation is “Normal” for a WSDOT Delineation Report (PDF 1.4MB)
NRCS Field Office Technical Guide - Current and historic precipitation data.
United State Geological Survey Current Water Data for Washington – Current and historic stream data.
Wetland classification
Federal Geographic Data Committee Classification of Wetlands and Deepwater Habitats of the United States (PDF 6.3MB) - Or Cowardin, to classify wetland vegetation.
NRCS Hydrogeomorphic Wetland Classification System (PDF 3.2MB) - Classify landscape position and water movement in wetlands and document wetland ratings.
Wetland rating
Boundary between Eastern and Western Washington for the Wetland Rating System (PDF 59KB) – Determine the geographic area of your project.
Ecology Wetland Rating System – Use the appropriate rating system for your region
Western Washington forms (Washington State Department of Transportation (WSDOT) adapted and automated):
Eastern Washington forms (WSDOT adapted and automated):
Wetland functions assessment
Wetland Functions Characterization Tool for Linear Projects (PDF 96KB) (BPJ tool) - Functions assessment of potentially impacted wetlands.
Wetland Functions Characterization Tool for Linear Projects ArcGIS Survey123 Field Data Form Manual (PDF 243KB) - Fill out the BPJ Tool Field Data Form electronically using ArcGIS Survey123
Ecology Credits & debits for wetland mitigation website –In-lieu fee mitigation proposals on projects with minimal wetlands.
Stream & tidal water assessment
Ecology Find your Water Resource Inventory Area
DNR Forest Practices Water Typing & Forest Practices Application Online Mapping Tool – To identify the DNR water type for streams and apply local stream buffers.
Fish Passage Uncorrected Injunction Barriers Geospatial Portal – To find the Washington Department of Fish and Wildlife Site Identification Number for fish passage projects.
Fish Passage Site Management Database (internal) – To identify fish species presence and habitat gain information for fish passage projects.
Ordinary High Water Mark delineation methods
Corps Regulatory Guidance Letter 05-05 (PDF 51.8KB) – For non-tidal streams and other waters, use to identify the Ordinary High Water Mark.
Corps A Field Guide to the Identification of the Ordinary High Water Mark in the Arid West Region of the Western United States (PDF 34MB) - For work in the Arid West Region.
Corps A Guide to Ordinary High Water Mark Delineation for Non-Perennial Streams in the Western Mountains, Valleys, and Coast Region of the United States (PDF 3.3MB) - For work in the Mountains, Valleys, and Coast Region.
High Tide Line delineation
Corps Special Public Notice dated February 21, 2020 (PDF 158KB) – Directive to delineate High Tide Line (HTL) for tidal waters. Tidal water includes tidally influenced freshwater or brackish systems like river mouths.
Corps Electronic Permit Guidebook - Streams, Rivers, and Tidal Waters
HTL Delineation Methods and WSDOT recommendations presentation (PDF 8.73MB)
Calculate Mean Highest Predicted Tide (PDF 583KB)
HTL calculator (XLSX 174KB) – To calculate the ten-year average of the highest predicted tide and compare to highest astronomical tide.
Ecology Determining the Ordinary High Water Mark for Shoreline Management Act Compliance in Washington State (PDF 19.9MB) – For field indicators of Ordinary High Water Mark for tidal waters
Buffers
Wetland & Stream Buffers Across Roadways & Buffer Overlaps (PDF 227KB) - For wetland buffers adjacent to or extending across roadways.
Documenting Impacts
Common work scenarios and types of impacts (PDF 185KB) - for help determining what type of impact your proposed work will have on wetlands and stream.
Wetlands Discipline Report Checklist (PDF 49KB)
Mitigation Plans
Mitigation Plan template (DOCX 119KB) - includes comments with instructions for creating Mitigation Plans.
Corps Components of a Mitigation Plan (PDF 68KB)
Ecology Interagency wetland mitigation guidance - Wetland Mitigation in Washington State: Part 1 – Agency Policies and Guidance and Part 2 – Developing Mitigation Plans
Ecology Wetland mitigation banking - for guidance on contents of Bank Credit Use Plans.
Writing Performance Standards for Wetland Mitigation (PDF 212KB) - to identify meaningful and measurable standards for your project.
Permitting
Coastal Zone Management Consistency Certification (PDF 198KB)
Section 404 permit predecessors diagram (PDF 229KB) – See what other permits you will need to have in-hand before the Corps can issue a permit decision.
Regulatory Guidance Letter (RGL) 16-01: Jurisdictional Determinations (PDF 66KB) – to apply for an Approved Jurisdictional Determination.
404(b)(1) Alternatives Analysis
Corps Alternatives analysis framework (PDF 151KB) – Guidance on how to document the analysis.
AASHTO Practitioners Handbook 14: Applying the Section 404(b)(1) Guidelines in Transportation Project Decision-Making – To integrate the alternatives analysis into NEPA.
Section 404(b)(1) alternatives analysis template (DOCX 57KB) – To prepare a stand-alone alternatives analysis report.
2021 Nationwide Permits
Terms & conditions for each commonly used NWPs which include applicable National, Regional, programmatic 401 Water Quality Certification, and Coastal Zone Management Act Consistency Determination conditions:
Corps' User guide for 2021 Nationwide Permits in Washington State - 26 July 2022 Special Public Notice
Corps’ Nationwide Permit Information – Find information on the 2021 NWPs, like:
- Corps' 2021 NWP Summary Chart (PDF 518KB), a quick reference table to determine if the work can be verified under a NWP.
- NWP decision documents for the full text of each NWP.
- Final Rule Federal Register Notice from January 13, 2021, for a list of the National General Conditions
Regional Conditions for Seattle District (PDF 1.5MB) – For Regional General Conditions and NWP-Specific conditions for the Seattle District of the Corps.
2017 Nationwide Permits
The 2017 NWPs expired on February 24, 2022. Use the permit guidance below for projects covered under the 2017 NWPs.
2017 Corps’ User’s Guide for Nationwide Permits in Washington State (PDF 2.27MB)
Permit applications
Non-notifying NWP memo to file (DOCX 55KB) – To document permit coverage when a Pre-construction Notification to the Corps is not required.
Application documents matrix (PDF 22KB) - What documents to submit with your application.
Fish Passage PCN (DOCX 105KB) – To apply for NWP coverage for fish passage projects.
Maintenance PCN (DOCX 58KB) – To apply for NWP coverage for maintenance projects.
Joint Aquatic Resources Permit Application (JARPA) Form website – To apply for NWPs for all other projects.
NWP cover letter template (DOC 22KB)
NWP Cover letter example (PDF 33KB)
Application drawings
Corps Drawing Checklist (PDF 43KB)
Corps Electronic Permit Guidebook - Samples & Drawing Checklist
Application drawing patterns (PDF 1,281KB)
Other permits
Corps Section 408 website – To determine if the project would impact a Corps Civil Works project and what to do if it does.
US Coast Guard Bridge Permit website
National Oceanic & Atmospheric Administration’s State Federal Consistency list website – For federal guidance on CZMA.
Ecology Coastal zone management federal consistency review website – For state guidance on CZMA.
Ecology Shoreline & coastal management website – For guidance on Shoreline Permits.
Track & manage commitments
Environmental Manual Chapter 490: Tracking environmental commitments (PDF 208KB) - During design in our Environmental Manual – To track commitments.
Environmental Manual Chapter 590: Incorporating environmental commitments into contracts (PDF 434KB) –To manage commitments.
Commitment tracking system (CTS) web application - track and manage environmental commitments. Find instructions on how to use CTS on the CTS help menu.
2021 NWPs – Standard commitments crosswalk (PDF 653KB) – Table of commitments, how they are listed in CTS, and how they are covered in contract Standard Specifications and Special Provisions.
Wetland Monitoring Reports
Our Wetland Monitoring Reports FTP server hosts five types of reports for compliance with permits and other reporting requirements:
- Wetland monitoring reports - full-length reports that discuss the development of individual wetland compensation sites for federal, state and local permit compliance. The permits require quantitative wetland monitoring reports for the years specified in the permit document.
- Stream monitoring reports - full-length reports for stream compensation sites.
- Mitigation bank monitoring reports - full-length reports that discuss the development of mitigation banks for compliance with the Mitigation Bank Instrument (MBI). The MBI requires quantitative bank monitoring reports for specified years.
- Letter reports - short reports when a full-length report is not required. These reports are typically qualitative.
- Hydraulic project approval (HPA) monitoring reports - letter-format reports for compliance with HPA permits from the Washington State Department of Fish and Wildlife.
WSDOT Regions Map (PDF 508KB) to find the boundaries for regions and counties. Within region folders, reports are organized by county, state route number and project name, and permit number.
Training
Permitting Liaisons Stream Channel - Find recorded trainings on Section 404/10, 401, and Administrative Order permitting.
Technical Specialists
Kristen Andrews
Wetlands Program Manager
Kristen.Andrews@wsdot.wa.gov
For wetland assessment questions contact
Jennie Husby
Wetland Assessment Lead
Jennie.Husby@wsdot.wa.gov
For mitigation and mitigation bank questions contact
Gretchen Lux
Mitigation Specialist
Gretchen.Lux@wsdot.wa.gov
For compensatory mitigation site monitoring questions contact
Sean Patrick
Monitoring Manager
Sean.Patrick@wsdot.wa.gov
Region Specialists
Cindy Volyn
Environmental Program Manager
North Central Region Environmental Services
Cindy.Lysne@wsdot.wa.gov
Dan Corlett
Roadside & Environmental Restoration Manager
Southwest Region Environmental Services
Dan.Corlett@wsdot.wa.gov
Dave Molenaar
Biology Program Manager
Olympic Region Environmental & Hydraulics
David.Molenaar@wsdot.wa.gov
Glen Mejia
Biologist Lead
Northwest Region Environmental Services
Glen.Mejia@wsdot.wa.gov
Mark Norman
Biology Program Manager
South Central Region Environmental Services
Mark.Norman@wsdot.wa.gov
Tammie Williams
Environmental Program Manager
Eastern Region Environmental Services
Tammie.Williams@wsdot.wa.gov
Permitting Liaisons (Section 404/10 & Administrative Orders)
Once a liaison is assigned to your project, coordinate with that liaison directly to get permit-specific questions answered. Find additional contact information for the liaisons in the WSDOT Global Address List in MS Outlook.
Contractors should go through the WSDOT project engineer and environmental coordinator before contacting the liaisons. Once a project has an assigned liaison, contractors may contact the liaisons directly with questions while cc’ing the WSDOT environmental coordinator.
Steph Jackson
Permitting Liaison Program Manager
Stephanie.Jackson@wsdot.wa.gov
Permitting Liaisons
All liaisons - ESOPermittingliaisons@WSDOT.WA.GOV
Corps Liaisons
Ecology Liaisons
Shoreline Permits
Find contact information for the local agency planners on Ecology’s Shoreline management contacts website.
For help with Shoreline permits and approvals, contact:
Virginia Stone
Permit Streamlining & HPA Lead
Virginia.Stone@wsdot.wa.gov
Coastal Zone Management Act (CZMA)
For help with a project in review, contact your Ecology Liaison. For policy or procedural information on CZMA, contact:
Loreé Randall
Federal Consistency Coordinator
Washington State Department of Ecology
Loree.Randall@ecy.wa.gov
360-407-6068
Virginia Stone
Permit Streamlining & HPA Lead
Virginia.Stone@wsdot.wa.gov
US Coast Guard Bridge Permit
For culvert navigability determinations, contact:
Steph Jackson
Permitting Liaison Program Manager
Stephanie.Jackson@wsdot.wa.gov
For bridge navigability determinations and help getting a bridge permit, contact:
Glenn Waldron
US Coast Guard Liaison & structures site data
WSDOT Bridge & Structures Office Glenn.Waldron@wsdot.wa.gov
