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WORKING IN AND AROUND STREAMS AND WETLANDS IN NORTH CAROLINA
IMPORTANT FACTS TO KNOW BEFORE STARTING
What is a stream?
A stream has a defined channel that contains
water for at least part of the year. It may have
flow that is increased by stormwater runoff. It may
dry up during part of the year.
Often streams have been modified in the past by
straightening, relocating, dredging or filling and
may look like ditches.
Streams do not have to show up on any
map to be regulated in North Carolina.
How do you know if there is a stream?
Only the U.S. Army Corps of Engineers or N.C.
Division of Water Quality staff can legally deter-
mine if there is a stream present on your property.
A qualified environmental consultant (one who
routinely identifies streams with the regulatory
agencies) may be able to provide guidance.
What is a wetland?
Wetlands are the interfaces between land and
water. They have specialized soils and support
water loving plants and wildlife.
While some wetlands are filled with water through-
out the year, many have water underground that
cannot be seen.
Are there different types of wetlands?
There are more than 16 types of wetlands in
North Carolina that are regulated under three
categories:
• 404 wetlands are regulated under Section
404 of the federal Clean Water Act.
• Isolated/non-404 wetlands are regulated
under North Carolina administrative codes.
• Coastal (CAMA) wetlands are regulated
under the Coastal Area Management Act.
How do you know if there is a wetland?
• U.S. Army Corps of Engineers can legally determine where wetlands are present;
• N.C. Division of Water Quality can legally determine where Isolated/Non-404 wetlands are present.
• N.C. Division of Coastal Management can legally determine where coastal wetlands are present; and
• A qualified environmental consultant (one who routinely identifies wetlands with the regulatory
agencies) may be able to provide guidance.

PERMITS AND CERTIFICATIONS
What if you want to work in a stream, wetland or open water?
Before you start work in a stream, wetland or open water, you may need to apply for a permit and certification.
• Federal permits are issued by the U.S. Army Corps of Engineers (USACE).
• Section 10 permits (Rivers & Harbors Act) are required for all work or structures in or
affecting navigable waters.
• Section 404 permits (Clean Water Act) are required for discharging into or filling
streams, wetlands or open waters.
• CAMA permits are issued by the N.C. Division of Coastal Management (DCM).
• CAMA permits are required under the Coastal Area Management Act for development
projects within one of the twenty coastal counties in or affecting an Area of
Environmental Concern.
• State certifications and permits are issued by the N.C. Division of Water Quality (DWQ).
• 401 Water Quality Certifications (Clean Water Act) correspond with the permits issued
by the USACE and DCM. They are required for any federally permitted or licensed
activity that may result in a discharge to or filling of streams, wetlands or open waters.
• Isolated and Other Non -404 Jurisdictional Wetlands and Waters Permits are required
for impacts to isolated and other non -404 wetlands, isolated streams or other
isolated waters.
What types of activities require permits and
certifications?
A permit and certification may be required for any work that
takes place in a stream, wetland or open water, whether the
impact is permanent or temporary.
Common activities that may require permits:
• Any disturbance to the bottom or sides of a stream,
including streambank stabilization or dredging/digging.
• Any disturbance to the soil or hydrology (how water
flows) of a wetland.
• Damming of a stream channel to create a pond or lake.
• Placement of any material in a stream or wetland.
How do you apply for a permit and certification?
In North Carolina, use a single application form, the Pre -
Construction Notification (PCN) Form, to request a permit
and certification from the U.S. Army Corps of Engineers,
N.C. Division of Water Quality and/or N.C. Division of
Coastal Management.
For large projects that require individual permits, a different
application form must be used.
How much stream, wetland or open water area
can I impact?
The best practice is to avoid all impacts when possible. The
USACE and DWQ require applicants to consider alternatives
to impacting waters and wetlands during the design of their
project:
• Avoidance: Has the project been designed to avoid
impacts to streams, wetlands, open waters and other
natural resources to the maximum extent practicable?
• Minimization: Where project impacts are unavoidable,
has the project been designed such that the impacts
have been minimized to the maximum practical
extent?
What will happen if I do work without getting
permits or certifications?
Performing work in streams, wetlands or open waters without
getting proper permits and certifications can have serious
consequences.
If you are found to be in violation of federal or state laws, you
may be fined and required to restore the impacted areas.
If you are unsure if a planned activity may need a permit,
contact your local DWQ, USACE or DCM representative before starting.
For more information, please contact:
N.C. Division of Water Quality • http://portal.ncdenr.org/web/wq/home • 919-807-6300
U.S. Army Corps of Engineers • http://www.saw.usace.army.mil/WETLANDS • 910-251-4633
N.C. Division of Coastal Management • http://dcm2.enr.state.nc.us/index.htm • 1-888-4RCOAST
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