Federal Permits Home
401 Water Quality Certification (Non-hydropower) and
Coastal Zone Management Consistency Determinations
In 2004, Ecology began posting copies of
public notices and decisions for projects requesting a
401 Water Quality Certification and/or Coastal Zone Management
a 401 Water Quality Certification?
What is a Coastal Zone Management Consistency Determination?
2012 Nationwide Permits
below shows the different regions for the information on this
site. Click on a region for more information.
- Southwest: Clark, Clallam, Cowlitz, Grays Harbor,
Jefferson, Lewis, Mason, Pacific, Pierce, Skamania, and
Island, King, Kitsap, San Juan, Skagit, Snohomish, and Whatcom counties.
- Central: Benton,
Chelan, Douglas, Kittitas, Klickitat, Okanogan and Yakima counties.
- Eastern: Adams, Asotin, Columbia, Ferry,
Franklin, Garfield, Grant, Lincoln, Pend Oreille, Spokane,
Stevens, Walla Walla, and Whitman counties.
The federal Clean Water Act allows states to approve,
condition, or deny projects proposed in waters of the United
States, including wetlands. Projects that may result
in a discharge to these waters must first receive a permit or
one of several federal agencies.
Issuance of a 401 Certification means that Ecology
has reasonable assurance that the applicant's project will comply with state
water quality standards and other aquatic resources protection
requirements under Ecology's authority. The 401
Certification can cover both the constructions and operation of
a proposed project. Conditions of the 401 Certification become
conditions of the Federal permit or license.
To request a 401 Certification, applicants should submit a
Joint Aquatic Resources Permit Application (JARPA), along with
any additional information applicable to the project (for
example: mitigation plan, restoration plans, etc.) to Ecology's
Federal Permit Unit. The JARPA
form and additional information is available online at
For more information on non-hydropower 401 Water Quality
Certifications visit the Washington State Governor's Office of Regulatory
Innovation and Assistance's (ORIA)
Environmental Permit Handbook.
Activities and development located within Washington's
coastal counties which involve federal activities, federal
licenses or permits, and federal assistance programs (funding)
require a written Coastal Zone Management (CZM) Consistency
Ecology. Activities & developments performed by or for federal
agencies require a CZM determination be submitted stating that
the project is consistent with Washington's Coastal Zone
Management Program (CZMP) to the "maximum extent practicable."
Federal permitted/licensed or federal funded projects require a
certification that they are consistent with Washington's CZMP.
proposal to be consistent with Washington's CZMP, the project
must meet the requirements of the applicable enforcement
policies. The six enforceable policies are Washington's
Shoreline Management Act (SMA), State Environmental Policy Act
(SEPA), Clean Water Act (401 Certification, Stormwater permits),
Clean Air Act, Ocean Resources Management Act (ORMA), and WA
Energy Facility Site Evaluation Council (EFSEC).
When requesting a Coastal Zone Management Consistency
determination, Ecology must receive a "Certification of
Additional information about Washington's Coastal Zone
Management Program is available on
Ecology's CZM Webpage.
For more information on Coastal Zone Consistency
determinations read the
CZM Focus Sheet, visit ORIA's
Environmental Permit Handbook, or contact the Federal
Consistency Coordinator at
ECYREFEDPERMITS@ecy.wa.gov or 360-407-6068.
How are proposed projects reviewed?
Project review is often a collaborative process between
Ecology, the permitting Federal agency, and the applicant.
Ecology will work with the applicant and applicable permitting
agencies to make sure application information is complete,
mitigation requirements are being met, and to ensure that
projects will meet state water quality standards, coastal
resource protection requirements, fish and wildlife habitat
standards, and other applicable regulations.
Often a Joint Public Notice is issued by Ecology and the
federal agency issuing the permit or license, otherwise
Ecology will issue a separate public notice for the project.
Each public notice will include a comment period during which
the public, federal, state, and local agencies, tribes, and other
interested parties can submit comments on the proposed project.
Comments can be submitted by mail or email and will be made part
of the official record.
Washington's 401 Certification decision and CZM Consistency determination
provide a strong opportunity to protect and enhance water
quality, aquatic species and habitats, water resources, coastal
resources, floodplains, and other environmental elements.
For more information visit ORIA's
Environmental Permitting website or
the Permit Process Schematics.