state Permits : Most states have regulations requiring a permit for 

 alteration or filling of wetland areas. Other state-level concerns 

 include utility planning for high voltage electrical service, and air- 

 and water-quality regulations governing industrial processes. In some 

 states large scale development may also trigger a state permit or review 

 process. The 1976 Amendments to the Coastal Zone Management Act require 

 special planning elements for states that wish to qualify under its 

 provisions. These plan elements, once approved by the Office of Coastal 

 Zone Management, may influence Federal decisions as Federal actions must 

 be "consistent" with the approved state program. 



Local Permits : Unless a fabrication yard is located in an area 

 where industrial development is already permitted, zoning approval for 

 industrial uses will be required from a local government unit. The 

 requirements of zoning regulations vary from one community to another, 

 and zoning permission may be denied as a matter of local policy at any 

 time before a sponsor begins construction. Other local permits referred 

 to in Section 2.1.3 are less likely to be encountered or to pose 

 substantial obstacles to development. 



Federal Role: The waterfront location required for platform 

 fabrication ensures Federal involvement in the development-approval 

 process for dredge and fill permits before wetlands development or 

 channel maintenance. The Corps of Engineers manages the permit program 

 under the authority of Section 10 of the Rivers and Harbors Act and 

 Section 404 of the Federal Water Pollution Control Act Amendments of 

 1972 in partnership with the Environmental Protection Agency. Court 

 decisions have extended the limits of Corps implementation efforts from 

 the "navigable waters" governed by Section 10 to the "waters of the 

 United States" governed by Section 404. With exceptions related to the 

 size of the lake or stream and agricultural use, permits are required 

 for activities in all wetlands and water areas. 



Implementation of dredge and fill regulations takes place at the 

 District Engineer level along with the participation of the Regional 

 Office of the Fish and Wildlife Service and the Environmental Protection 

 Agency. The Corps must request the advice of the Service on every 

 application. If the Regional Director of the Fish and Wildlife Service 

 files a timely objection to permit issuance, the matter is first referred 

 to the Corps' Division level for review, and unless the objection is 

 withdrawn, then to Washington to be settled between the offices of the 

 Secretary of the Army and the Secretary of the Interior. 



The Fish and Wildlife Service advises and comments on wildlife and 

 habitat and possible mitigation actions which will reduce the impact of 

 a proposed project on them. Other specific authorities add to FWS 

 responsibilities in Federal permit review. Regulations governing the 

 Corps of Engineers procedures are found in 33 Code of Federal Regulations 

 Section 209. The Fish and Wildlife Service operates under a separate 

 set of procedures described in Volume 40 of the Federal Register, page 

 55810, published December, 1975. 



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