Missouri River Water Management News

Missouri River Water Management News Releases are available on the Northwestern Division website.RSS Feed

Post-flood and Flood Protection Permitting

Published Sept. 13, 2013
OMAHA, Neb. - During emergencies and times of imminent danger, landowners may decide to take action they believe is necessary to protect property. Where possible, the public should contact the U.S. Army Corps of Engineers, Denver Regulatory Office (303) 979-4120 for work associated with flood protection and repair work for flood damaged areas performed in waters of the U.S. within the State of Colorado and the Omaha District. A flood emergency does not remove the landowner's responsibility to obtain a Section 404 permit when one is required.

Under Section 404 of the Clean Water Act, the Corps regulates fill material placed below the Ordinary High Water Mark within waters of the U.S. and may regulate fill material removal. The OHWM is the line on the shore/bank/waterway established by water fluctuations and indicated by physical characteristics. Fill placed in upland areas, above the OHWM, is not typically regulated under the Clean Water Act. Landowners are responsible for contacting the Corps to determine if a flood-related activity lies within the Corps’ regulatory jurisdiction.

U.S. Army Corps of Engineers, District Engineers for the Albuquerque, Omaha and Sacramento Districts have developed a Regional General Permit (GP 96-07), authorizing certain flood-related fill or excavation activities, other work associated with flood protection, and repair work for flood-damaged areas performed in waters of the U.S. within the State of Colorado.

Waters of the United States include, but are not limited to, rivers, lakes, ponds, creeks, gulches and wetland areas. Authorized fill and excavation impacts are limited to the minimum necessary for the project. Maximum limits are detailed within GP 96-07. Proposed wetland fill or drainage activities authorized by this permit will require mitigation in accordance with GP 96-07.

To request authorization for work under GP 96-07, contact the Denver Regulatory office to determine that the proposed work is necessitated by flood conditions and meets the GP-96-07 criteria.

Application procedures including a list of information required for processing a permit application are outlined within GP 96-07.

EMERGENCY AUTHORIZATION PROCEDURES: More extensive flood repair work, exceeding the limits established in GP 96-07 may be authorized under emergency authorization procedures when there is an unacceptable hazard to life, significant loss of property and/or an immediate, unforeseen and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process an application under standard procedures.

To request emergency authorization:

  1. Project proponents should E-mail or personally deliver to the Denver Regulatory Field Office information which details the proposed work, location map and a narrative description of what needs to be done, how soon, and how the situation arose.
  2. The Denver Regulatory office will coordinate the emergency response with the Omaha District Regulatory office, Northwestern Division Office, and other resources agencies.
For questions or assistance in determining if a permit is required for flood-related activities, please contact the appropriate Corps’ Regulatory Office listed below or online at http://www.nwo.usace.army.mil/Missions/RegulatoryProgram/Colorado.aspx

Kiel Downing
Martha Chieply

Release no. 20130913-002