RAPID/Hydropower/Federal/Pre-Existing Land Use

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Federal Hydropower Pre-Existing Land Use Assessment(13-FD)

A hydropower developer may need to review local land use plans and land use agreements; consider the proposed project’s potential to affect military operations, military airports, or public airports in the vicinity of the project area; and consult with the U.S. Department of Defense, local airports, and/or the Federal Aviation Administration, as appropriate.

The developer may also need to obtain a Department of Army Permit—as required under Section 10 of the Rivers and Harbors Act (RHA)—from the U.S. Army Corps of Engineers (USACE) if the hydropower project will obstruct or alter a navigable water of the United States.  Because the RHA Section 10 requirements are met through the Federal Energy Regulatory Commission’s (FERC’s) hydropower licensing process, a developer seeking a license from FERC will not need to separately complete the steps required to obtain a Section 10 permit.

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Determine Which Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.

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