401 certifications implement the Clean Water Act to ensure federal permitting actions comply with state water quality standards. Many projects are covered under general certifications to the nationwide permits and regional general permits. Projects that are not covered will need to request individual certification. All 401 actions are triggered by federal permit actions.
682: 401 certification process
Timeline
30 days
Pre-filing
- Request a pre-filing meeting as soon as you know 401 certification is needed.
- A project manager will be assigned.
- There is a mandatory 30-day period between your request for a pre-filing meeting and submitting your application.
- At the meeting, 401 staff will discuss your planned project and required elements of your application.
120 days (default reasonable period of time)
Submission
- Submit required materials.
- The MPCA checks for completeness and establishes a reasonable period of time (deadline for state action).
- 120 days is the default reasonable period of time (the state can seek extensions if needed). If the deadline is not met, it is considered waived (and approved).
- All 401 decisions must be issued within 12 months to meet federal rules.
Included in 120 day reasonable period of time
Review and draft decision
- Project manager reviews application materials and requests more information as needed.
- The MPCA conducts an internal review meeting to determine if the project should be certified with conditions, denied, or waived (certification not required) based on its potential impacts to water quality.
- Draft decision document is prepared.
Included in 120 day reasonable period of time
Public notice
- When the state issues a certification, it must go through Tribal review and public notice before it is issued.
- Public notice and Tribal review each last two weeks for a total of four weeks if both are required.
- Denials and waivers do not require public notice.
- All notice must be completed within the reasonable period of time.
Included in 120 day reasonable period of time
Decision
- Decision is issued.
- Decision document is sent to you and the federal permitting agency.
- Copies of the decision will be sent to all parties on the original notification list and any Tribal Nations who have indicated interest in the project.
- The U.S. EPA reviews impacts to neighboring jurisdictions, including Tribal Nations.