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Permitting coastal structures in the Chesapeake Bay involves several federal, state, and local agencies, each with specific responsibilities related to environmental protection, navigation, and land use. These agencies work together to ensure that coastal structures are designed and constructed in ways that minimize environmental impacts and align with local, state, and federal regulations. For a specific project, consultation with relevant agencies early in the planning process is essential.

Here are the primary agencies involved:

Federal Agencies

U.S. Army Corps of Engineers (USACE)
  • Responsible for permitting activities under Section 10 of the Rivers and Harbors Act (navigation) and Section 404 of the Clean Water Act (discharge of dredged or fill material into waters of the U.S.).
  • Reviews projects for potential impacts on navigation, aquatic resources, and wetland ecosystems.
National Oceanic and Atmospheric Administration (NOAA)
  • Through its National Marine Fisheries Service (NMFS), reviews projects for impacts on essential fish habitats and endangered species.
  • NOAA may also review proposals under the Coastal Zone Management Act (CZMA) for consistency with state coastal management plans.
U.S. Fish and Wildlife Service (USFWS)
  • Provides input on potential impacts to wildlife and their habitats, including endangered or threatened species under the Endangered Species Act.
Environmental Protection Agency (EPA)
  • Reviews and provides input on permits related to water quality under the Clean Water Act.

State Agencies

Each state bordering the Chesapeake Bay has its own regulatory framework:
Virginia
  • Virginia Marine Resources Commission (VMRC): Oversees permits for structures in state-owned submerged lands, tidal wetlands, and coastal waters.‍
  • Virginia Department of Environmental Quality (DEQ): Handles permits related to water quality impacts, including stormwater and wetlands.
Maryland
  • Maryland Department of the Environment (MDE): Manages permitting for activities affecting tidal and nontidal wetlands, waterways, and water quality.‍
  • Critical Area Commission for the Chesapeake and Atlantic Coastal Bays: Ensures activities comply with Critical Area regulations for land use and conservation.

Local Agencies

Local governments often have permitting responsibilities for shoreline development, zoning, and land use. They ensure projects comply with local ordinances and may coordinate with state agencies for compliance with the Chesapeake Bay Preservation Act or other local environmental laws.

Regional Coordination

Chesapeake Bay Program: While not a permitting body, this partnership among federal, state, and local entities works on ecosystem restoration, which can influence regulations and guidance for coastal projects.

Coastal Structure Design and Construction

James Gunn, Principal Owner and President of Coastal Design & Construction, Inc. Coastal Design & Construction, Inc