Federal Permits Homepage

401 Water Quality Certification (Non-hydropower) and
Coastal Zone Consistency Determinations

On June 1, 2004, Ecology began posting copies of public notices announcing our receipt of a request for a 401 Water Quality Certification and issued decisions. The map below shows the different regions for the information on this site. Click on a region for more information.

Ecology's Regions:

Southwest: Clark, Clallam, Cowlitz, Grays Harbor, Jefferson, Lewis, Mason, Pacific, Pierce, Skamania, and Thurston counties.
Northwest: 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.

What is a 401 Water Quality Certification?

The federal Clean Water Act allows states to approve, condition, or deny projects proposed to be built in wetlands or in other waters of the United States. Projects that may result in a discharge to these waters must first receive a permit from one of several federal agencies. Section 401 of the Clean Water Act requires that applicants for those permits first receive certification from the state that the proposed project will meet state water quality standards and other aquatic protection regulations. Any conditions of the state’s certification become conditions of the federal permit. The federal agency cannot issue its permit until the certification is approved, conditioned, or waived by the state. If the state denies a certification, the federal agency cannot issue a permit for the project. For more information on non-hydropower 401 Water Quality Certifications visit Ecology's Environmental Permit Handbook.

What is a Coastal Zone Consistency Determination?

The federal Coastal Zone Management Act allows states to determine if proposed federal actions will affect coastal resources. In Washington's 15 coastal counties, projects requiring federal permits or approvals must be consistent with the state's Coastal Zone Management Program (CZMP). For a proposal to be consistent with Washington's CZMP, the project must meet the requirements of the applicable enforcement policies. For more information on Coastal Zone Consistency determinations visit Ecology's Environmental Permit Handbook.

How are proposed projects reviewed?

If a joint Public Notice is not issued by the federal agency, Ecology must issue a public notice for the project. The public notices include a comment period of no less than twenty days. Proposed projects are reviewed to ensure that they will meet state water quality standards, coastal resource protection requirements, fish and wildlife habitat standards, and other applicable regulations. The comments received are incorporated into our decision process about the proposed projects. The state’s certification decision and Coastal Zone determination provides a strong opportunity to protect and enhance water quality, aquatic and species habitats, water resources, coastal resources, floodplains, and other environmental elements.

Click here for more information on the actual permitting process or view the Permit Process Schematics.