Permitting Requirements

Section 106 of the National Historic Preservation Act (NHPA) – Federal Regulation

If your project requires a federal permit, the regulatory agency must consider the effects of the project on historic properties. For a CWA permit, the Corps will provide information about how the NHPA affects your specific property. While most private landowner...

Migratory Bird Treaty Act (MBTA) and Bald and Golden Eagle Protection Act (BGEPA) – Federal Regulations

Raptors and other migratory birds are protected under the MBTA. Bald and golden eagles are also protected under the BGEPA. These acts prohibits anyone without a permit from the FWS from “taking” any part of these birds, their eggs or their nests. This includes...

Endangered Species Act (ESA) – Federal Regulation

The ESA protects animals and plants that are in danger of extinction (endangered) or are threatened to become endangered (threatened) and the habitat upon which they depend. Consultation with the U.S. Fish and Wildlife Service (FWS) is required if a threatened or...

Individual 404 Permit

If your project is too large or the type of work is not included in the NWPs, the project will need an Individual Permit. These permits are a lengthy process that can take a minimum of four to six months to complete, and the Corps has to determine that the project is...

Regional General 404 Permit (RGP)

The Corps has issued RGPs for specific activities in Colorado. Similar to NWPs, Regional General Permits are a more streamlined process for projects that fit within certain criteria. The two RGPs that are most likely to be used by landowners within the Lefthand, St....

Nationwide 404 Permit (NWP)

This is the type of permit most private landowners will use. NWPs are streamlined Corps permits for activities that have minor impacts on jurisdictional waters, such as roads and bank stabilization. These NWPs are for five years and the current permits were issued in...

Clean Water Act (CWA) – Section 404 – Federal Regulation

Section 404 of the CWA regulates discharge of materials into waters of the U.S., including wetlands, and is administered by the Army Corps of Engineers (the Corps or COE).By the 1970's, some of the nation’s rivers and lakes had become so degraded from sewage, toxic...

Senate Bill 40 (SB40) Wildlife Certification – Colorado Regulation

If your stream project is being funded or partially funded by State government funds, you will be required to complete a Senate Bill 40 Wildlife (SB40) Certification. The SB40 Certification requires projects with State funds to coordinate with Colorado Parks and...

Noxious Weeds — State and County Regulations

Noxious weeds are aggressive non-native plants that invade an area, displacing native vegetation and reducing agricultural productivity. These invasive plants can threaten wildlife habitat and recreational use of your land. Both the State of Colorado and individual...

Unique Land Use Codes – Boulder County

Most cities and towns, as well as many counties, have developed land use codes specific to floodplain and riparian areas. Certain municipalities have also developed 'special use' permits that must be approved for specific activities.Limited Impact Special Use (LISU)...

Floodplain Development Permits – County and City/Town Regulations

If your project will impact the official Federal Emergency Management Agency (FEMA) or local floodways or floodplains, it will require floodplain permitting through the local Floodplain Administrator (typically a City or County employee). In certain localities, such...

When working in streams or surrounding landscapes, certain regulations may need to be followed. These regulations include protecting wetlands under the Clean Water Act, protecting endangered species and other wildlife, regulating floodplains and controlling noxious weeds as directed by the Colorado Noxious Weed Act. Below is a table that summarizes what actions initiate permits, the name of the permit and who administers it and what type of consultant could help you through the permitting process. The following pages contain detailed explanations of when the permit may be needed, who to contact if you have questions about the permit and why the permit requirement was put in place.

Follow the flow charts to find the Permit (with Responsible Agency) for each Action, then the Consultant to Assist with the Permitting Process. Click the names of the permits to learn more detailed information.

Project will make changes to regulated floodplains or floodways. Certain towns and counties require floodplain permitting in other scenarios as well.