Anyone who wishes to discharge dredged or fill material into the waters of the U.S., regardless of whether on private or public property, must obtain a Section 404 permit from the U.S. Army Corps of Engineers (Corps) and a Section 401 Water Quality Certification (WQC) from the state. Anyone who wishes to discharge dredged or fill material into isolated wetlands in Ohio must obtain an Isolated Wetland Permit from Ohio EPA.

The 401 Water Quality Certification and Isolated Wetland Permitting Section reviews applications for projects that propose the placement of fill or dredged material into waters of the State, including streams, lakes and wetlands. The section also reviews required mitigation from issued permits and performs wetland research.

IMPORTANT UPDATES

STREAM MITIGATION WEBINAR

As part of the Early Stakeholder Outreach phase of the rulemaking process, Ohio EPA provided an informational webinar on December 16, 2022 to present potential stream mitigation options under consideration.  A recording of the webinar is available for those who were not able to attend.  Further information on the rulemaking is available on the DSW rules website.  The comment period for Early Stakeholder Outreach ended on January 18, 2023.  Additional opportunities for stakeholder outreach and comment will be available as we move forward with the rulemaking process.

Online Application Submission

It is highly recommended that applicants use the Ohio EPA eBusiness Center to prepare and submit applications for pre-application meetings, 401 water quality certifications, 401 directors authorizations, and isolated wetland permits. Hard copy applications received through the mail will take longer to be received, assigned, and reviewed. Users can create an Ohio EPA eBusiness Center account, obtain a PIN (i.e., electronic signature) within minutes, and access and submit applications. More information for submitting through the eBusiness center is available in the sections below in the form of Electronic Submittal User Guides.

• Account creation and PIN activation guidance's 
• IMPORTANT NOTE: Consultants CAN NOT PIN (electronically sign) applications on behalf of their clients. Consultants can COMPLETE the application then DELEGATE it to their client to pin and submit. Instructions for delegation are located in the User Guides within the tabs below.

Applications Available for Comment

The Ohio EPA Division of Surface Water has received an application for, and has begun to consider whether to issue or deny, a Clean Water Act Section 401 water quality certification and/or isolated wetland permit for the projects listed in the table below. To facilitate public involvement, electronic copies of the application materials are available using the links provided in the table during the public comment period. 

Once published, copies of the public notices can be found by clicking the following link: https://ebiz.epa.ohio.gov/Notices/jsp/notice_search.jsp

Once on the Public Notices site, use these steps to navigate to the appropriate public notice:

1. Click the circle next to "Notices "
2. Select the appropriate "County " by clicking on the dropdown arrow
3. Click the dropdown arrow next to Program and select "Surface Water Programs"
4. Click the dropdown arrow next to Notice Type and select either "Notice of Receipt of 401 application" or "Notice of Receipt of Isolated Wetland Permit Application"
5. Click the "Search" button to return the results
6. Scroll through the list to find the appropriate Public Notice and click "View" to see the details of the public notice including the comment period end date.

Director's Authorizations

Ohio EPA may grant coverage under the general 401 WQC for the Nationwide Permits for any project that does not meet one or more of the terms and conditions of the issued general 401 WQC or where the district engineer has been granted authority to waive certain requirements. Details on the Director's Authorization process are outlined in the general 401 WQC for the Nationwide Permits.

Please be aware that stream mitigation is often required by Ohio EPA for permanent impacts.  A Director's Authorization is only an appropriate permitting mechanism when necessary mitigation is included within the conditions of the associated nationwide permit.  It is highly recommended that applicants consult with Ohio EPA to determine if stream mitigation will be required to avoid delays in the Director's Authorization process.  

• Director's Authorization Form Electronic Submittal
• Director's Authorization Application Form Electronic Submittal User's Guide
• Director's Authorization Application Form
• Director's Authorization Application Instructions
• Director's Authorization Proposed Wetland Impacts Table
• Director's Authorization Proposed Stream Impacts Table
• Director's Authorization Proposed Lake Impacts Table

Director's Authorization Applications Available for Comment

The Ohio EPA Division of Surface Water has received an application for, and has begun to consider whether to issue a Director's Authorization for coverage under the 401 WQC for the Nationwide Permits for the projects listed in the table below.  To facilitate public involvement, electronic copies of the submitted application materials are available for 15 days. Anyone may submit written comments by email to epa401DAcomments@epa.ohio.gov. Please be sure to include the Ohio EPA # in the subject line of your email.

Water Quality Certifications

Section 401 of the federal Clean Water Act (CWA) requires state agencies to evaluate projects that will result in the discharge of dredged or fill material into waters of the United States to determine whether the discharge will violate the States water quality standards. Any person who wishes to place dredged or fill material into wetlands, streams, or lakes must apply for an individual Section 401 certification unless the project meets the Ohio EPA conditions of applicable nationwide permits.

Activities typically requiring 401 certification include stream rerouting or culverting, filling wetlands, and dredging and filling in lakes. Typical projects include highway construction, marina and dock construction, shopping mall construction, strip mining operations, or housing subdivisions. A Section 401 certification is required for activities that require federal permits such as a Section 404 permit, a Federal Energy Regulatory Commission (FERC) license, or a U.S. Coast Guard permit.

Pre-Application Meeting

Planning a project that will impact wetlands, streams, rivers, lakes or other regulated water resources, and anticipating how Ohio EPA will respond to your application can be difficult. In an effort to avoid delays and confusion, and ensure that Ohio's environment is protected, Ohio EPA offers pre-application coordination for all applicants who need to apply for a Section 401 Certification or Isolated Wetland Permit. Most delays in the application review process are caused by applicants not providing all the information required by Ohio EPA. Through the pre-application coordination process, Ohio EPA representatives can help ensure you know exactly what you need before you submit your application.

A pre-application meeting is an informal and highly recommended process where you meet with an Ohio EPA 401 Coordinator to discuss a project that is in its early planning stages.

• Pre-Application Request Form  
• Instructions for Pre-Application Form
• Pre-Application Request Form Electronic Submittal
• Pre-Application Request Form Electronic Submittal User's Guide

Application Materials

ORC section 6111.30 specifies what items must be submitted for a Water Quality Certification application package to be considered complete. The required components under ORC division 6111.30(A) are: 

1. A complete 401 Water Quality Certification application form and applicable impact tables.

   • 401 Application Form Electronic Submittal
   • 401 Application Form Electronic Submittal User's Guide
   • Application Form
   • Instructions
   • Proposed lakes impact table
   • Proposed stream impacts and mitigation table
   • Proposed wetland impacts and mitigation table

2. A copy of the United States Army Corps of Engineers' jurisdictional determination letter. If no jurisdictional determination is to be issued by the Corps, the public notice or notification that the project is authorized under a general permit will fulfill this requirement;

3. If the project impacts a wetland, a wetland characterization analysis consistent with the Ohio Rapid Assessment Method;

4. If the project involves a stream for which a specific aquatic life use designation found in Chapter 3745-1 of the Administrative Code has not been made, data sufficient to determine the existing aquatic life use;

5. A specific and detailed mitigation plan prepared in accordance with 33 C.F.R. Part 332, OAC 3745-1-54, and ORC 6111.311 through 6111.316 (ephemeral streams) including the location and proposed real estate instrument or other mechanism for protecting the property long term;

   • Guidance for Ephemeral Stream Mitigation Options

   • Ephemeral Stream Mitigation Calculator

6. Applicable fees;

7. Site photographs of water resources in accordance with OAC 3745-32-03(B)(e);

8. Adequate documentation confirming that the applicant has requested comments from the Ohio Department of Natural Resources and the United States Fish & Wildlife Service regarding threatened and endangered species, including the presence or absence of critical habitat;

9. Descriptions, schematics, and appropriate economic information of the applicant's alternatives analysis prepared in accordance with 40 C.F.R. Part 230 and 3745-1-54 for the project;

   Alternatives Analysis Guidance

10. The applicant's investigation report of the waters of the United States in support of the 404 permit application. If no investigation report is required by the Corps, the public notice or notification that the project is to be authorized under a general permit will fulfill this requirement; and

11. A copy of the United States Army Corps of Engineers' public notice regarding the 404 permit application. If no public notice is to be issued by the Corps, notification that the project is authorized under a general permit will fulfill this requirement.

15-Day Completeness Review

Ohio Revised Code division 6111.30(B) requires Ohio EPA to review an application within 15 business days of submission and to notify the applicant in writing whether the application is considered complete, or not. If incomplete, the letter will specify what parts of the application package are missing. If complete, the letter will specify what type of public notice is required for the proposed project. The letter will also provide the name and contact information for the application reviewer assigned to that project. This notification will be a letter that is faxed to the applicant or their designated agent. The applicant, or their agent, will be asked to acknowledge receipt of the 15-day review letter by signature and return fax.

Should the application be incomplete, the applicant has 60 days in which to provide the missing information. After 60 days, the Director may return the application and the review fee without further action. The application fee will not be refunded.

Public Notice Requirements

Division 6111.30(C) of the Ohio Revised Code places the responsibility for issuing a public notice about the application for the project with the applicant. Ohio EPA has prepared an instruction sheet to assist the applicant through this process. The instruction sheet describes the steps to be taken and coordination needed to complete this task in a timely manner.

• Applicant Public Notice Instruction Sheet
• Public Notice Flow Chart
• List of General Circulation Newspapers

Fees

Key provisions of the 401 Water Quality Certification fees are:

• A person that applies for a Certification must pay an application fee of $200 at the time of application.
• In addition to the application fee, that person must pay the following review fees:

• For 401 Water Quality Certification applications, one-half of the applicable review fee is due at the time of application. The remainder of the fee shall be paid at the time the Director takes an action on the application.
• The total fee paid shall not exceed $25,000 per application. If the applicant is a county, township, or municipal corporation in the state, the total fee paid shall not exceed $5,000 per application.
• Fees do not apply if the applicant is a state agency or the U.S. Army Corps of Engineers.

After submittal of an application through the eBusiness center, fees can be paid online using the eBusiness center, or provide a check, payable to the Treasurer of the State of Ohio, for the application fee and one half of the review fee. The balance of the review fee will be due once the Agency has taken a final action on an application. You will receive an invoice from Ohio EPA for the remaining fees that are due.

Isolated Wetland Permits

Isolated wetlands are not connected to other surface waters. For this reason they are not classified as waters of the United States by the U.S. Army Corps of Engineers. Nevertheless, they are waters of the State of Ohio and are therefore regulated by the Ohio EPA, Division of Surface Water.

How do I know if there is an isolated wetland on my project site?

The U.S. Army Corps of Engineers has responsibility for:

• determining whether wetlands exist within a particular project site;
• confirming the number, boundaries, and acreage of those wetlands;
• determining whether those wetlands are waters of the U.S. or "isolated."

These written findings are recorded in a final jurisdictional determination (JD) which is sent to the entity requesting the JD and to Ohio EPA. 

PLEASE NOTE: When the applicant requests, and the U.S. Army Corps of Engineers issues, a preliminary JD, all wetlands on the proposed site are assumed to be waters of the U.S. and will not be declared isolated. See the Corps Regulatory Guidance Letter on Jurisdictional Determinations.

Why does Ohio EPA regulate isolated wetlands?

Ohio EPA authority to regulate discharges of fill to isolated wetlands is provided in Ohio Revised Code 6111.02 through 6111.028.

What triggers the need for an isolated wetland permit application?

When a project proposes to place fill in an isolated wetland, an isolated wetland permit is required. Fill is defined in paragraphs (D) and (E) of Ohio Revised Code 6111.02.

Procedures to get an Isolated Wetland Permit

There are three levels of isolated permit application review as summarized in the table below. Once you have determined which level of review applies to your proposed project, click on the links in the table to get details about the application and review processes and the associated permit you can expect to get.

 * The permit review period begins on the date when Ohio EPA sends you a letter documenting that the application is complete.

Fees

Key provisions of the Isolated Wetland Permit fees are:

• A person that applies for a Permit must pay an application fee of $200 at the time of application.
• In addition to the application fee, that person must pay the following review fees:

• For Isolated Wetland Permit applications, the entire review fee is due at the time of application.
• The total fee paid shall not exceed $5,200 per application.
• Fees do not apply if the applicant is an agency or department of the state, or any county, township, or municipal corporation in the state.
• All After-the-Fact isolated wetland projects will be assessed double the amount of the application and review fees up to a maximum of $10,000.

After submittal of an application through the eBusiness center, fees can be paid online using the eBusiness center, or provide a check, payable to the Treasurer of the State of Ohio for the application fee and the review fees.

Nationwide Permits

Nationwide Permits are a type of 404 permit issued by the U.S. Army Corps of Engineers every five years for certain projects that are similar in nature and cause minimal degradation to waters of the United States. These permits substantially expedite the permitting process. To determine if a project qualifies for Nationwide Permit coverage, applicants should review the current version of the Nationwide Permits for the State of Ohio and may contact the U.S. Army Corps of Engineers or Ohio EPA to discuss their project.

2022 Nationwide Permits — 41 activities

On October 13, 2021, Ohio EPA finalized the 401 WQC for the 2022 Nationwide Permits published by the U.S. Army Corps of Engineers in the Federal Register (Volume 86, No. 245) on December 27, 2021. The 2022 Nationwide Permits are effective from February 25, 2022 through March 14, 2026.  The 2022 issuance contains those 40 activities that were not included in the 2021 issuance and 1 additional activity for a total of 41 Nationwide Permit activities.

The final 2022 Nationwide Permits for Ohio with Regional Conditions were public noticed by the U.S. Army Corps of Engineers Huntington, Buffalo, and Pittsburgh Districts on February 23, 2022.

In order to determine eligibility under the 401 WQC for the 2022 Nationwide Permits for stream impacts, applicants should use the Stream Eligibility Web Map.

2021 Nationwide Permits — 16 activities

The final 2021 Nationwide Permits were published by the U.S. Army Corps of Engineers in the Federal Register (Volume 86, No. 8) on January 13, 2021. The 2021 Nationwide Permits are effective from March 15, 2021 through March 14, 2026.

The Ohio Army Corps Districts public noticed the final Nationwide Permits for Ohio with Regional Conditions on March 15, 2021. The final version of the 2021 Nationwide Permits, issued by the Army Corps, only includes Nationwide Permits for 16 activities. Questions regarding the use of the 2021 Nationwide Permits in Ohio should be directed to an appropriate Army Corps District Office.

U.S. Army Corps of Engineers Contacts

• Buffalo District Office
• Huntington District Office
• Pittsburgh District Office
• Louisville District Office

Contacts